MUG SHOTS also known as Bookings Photographs.
Public Act 100-0927
SB2560 Enrolled LRB100 16756 JLS 31896 b
https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=100-0927
AN ACT concerning business.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by changing Section 2.15 as follows:
(5 ILCS 140/2.15)
Sec. 2.15. Arrest reports and criminal history records.
(a) Arrest reports. The following chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished as soon as practical, but in no event later than 72 hours after the arrest, notwithstanding the time limits otherwise provided for in Section 3 of this Act: (i) information that identifies the individual, including the name, age, address, and photograph, when and if available; (ii) information detailing any charges relating to the arrest; (iii) the time and location of the arrest; (iv) the name of the investigating or arresting law enforcement agency; (v) if the individual is incarcerated, the amount of any bail or bond; and (vi) if the individual is incarcerated, the time and date that the individual was received into, discharged from, or transferred from the arresting agency’s custody.
(b) Criminal history records. The following documents maintained by a public body pertaining to criminal history record information are public records subject to inspection and copying by the public pursuant to this Act: (i) court records that are public; (ii) records that are otherwise available under State or local law; and (iii) records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi).
(c) Information described in items (iii) through (vi) of subsection (a) may be withheld if it is determined that disclosure would: (i) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency; (ii) endanger the life or physical safety of law enforcement or correctional personnel or any other person; or (iii) compromise the security of any correctional facility.
(d) The provisions of this Section do not supersede the confidentiality provisions for law enforcement or arrest records of the Juvenile Court Act of 1987.
(e) Notwithstanding the requirements of subsection (a), a law enforcement agency may not publish booking photographs, commonly known as “mugshots”, on its social media website in connection with civil offenses, petty offenses, business offenses, Class C misdemeanors, and Class B misdemeanors unless the booking photograph is posted to social media to assist in the search for a missing person or to assist in the search for a fugitive, person of interest, or individual wanted in relation to a crime other than a petty offense, business offense, Class C misdemeanor, or Class B misdemeanor. (Source: P.A. 99-298, eff. 8-6-15.)
Short Description: PUBLISHING CRIMINAL RECORDS
Senate Sponsors
Sen. Steve Stadelman – Wm. Sam McCann
House Sponsors
(Rep. Litesa E. Wallace – La Shawn K. Ford – Robert Martwick – Carol Ammons – Will Guzzardi and Justin Slaughter)
Illinois General Assembly
http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=SB&DocNum=2560&GAID=14&SessionID=91&LegID=109468
Statutes Amended In Order of Appearance
815 ILCS 505/2QQQ
Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that persons engaged in the activity of publishing on a website or in print criminal record information must remove the information free of charge within 30 days after a request by the subject of the information. Sets forth qualifications under which a person who is subject to the criminal record information is eligible for the removal of the information. Provides that failure to comply with a request for removal constitutes an unlawful practice. (Current law prohibits the solicitation of payment to remove criminal record information.)
Senate Committee Amendment No. 1
Adds reference to:
5 ILCS 140/2.15
5 ILCS 160/4a
Replaces everything after the enacting clause. Amends the Freedom of Information Act. Provides that chronologically maintained arrest and criminal history information maintained by State or local criminal justice agencies shall be furnished no later than 72 hours after the indictment, information, or complaint (instead of within 72 hours of the arrest). Provides that booking photographs, commonly known as “mugshots”, shall not be made available on a law enforcement agency’s website or social media page unless the chief law enforcement officer of the agency deems that there is an imminent threat to public or personal safety and the publishing of the photograph would assist in addressing the imminent threat to public safety. Amends the State Records Act. Provides that certain arrest records and reports shall be made available after an individual is charged (rather than arrested). Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that any person who publishes for profit an individual’s criminal record information in print or via an electronic medium for profit shall correct any errors in the individual’s criminal history within 5 business days of notification of any error. Failure to correct any error in the individual’s criminal record constitutes an unlawful practice. Provides that any person whose criminal record is published for profit in print or via an electronic medium may demand the publishing entity to remove or correct the information if the subject of the information, or the representative of the subject, sends a letter via certified mail to the publishing entity demanding that the information be corrected and provides documentation of the correct information. Provides that failure by a publishing entity to correct the individual’s published criminal record information within 5 business days of receipt of the notice, demand for correction, and documentation of the correct information constitutes an unlawful practice. Provides that the petitioner is entitled to damages in the amount of $100 per day that the publisher fails to correct the criminal record information, plus attorney’s fees.
Senate Floor Amendment No. 4
Adds reference to:
5 ILCS 140/2.15
Replaces everything after the enacting clause. Amends the Freedom of Information Act. Limits the publishing of booking photographs with respect to civil offenses and offenses that are classified as less than a Class A misdemeanor. Amends the Consumer Fraud and Deceptive Business Practices Act. Requires a person or entity that publishes for profit an individual’s criminal record information to correct any errors within 5 business days after notification of an error. Exempts the Illinois State Police, news mediums or reporters, and consumer reporting agencies from the requirement. Provides remedies for individuals injured by a violation. Exempts interactive computer services from liability for content provided by others.
