Bill Text: IL HB5891 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act. Provides that disclosures concerning background checks must be provided in connection with mobile devices in a clear and conspicuous manner.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5891 Detail]
Download: Illinois-2013-HB5891-Engrossed.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Internet Dating, Internet Child Care, | ||||||
5 | Internet Senior Care, and Internet Home Care Safety Act is | ||||||
6 | amended by changing Section 10 as follows:
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7 | (815 ILCS 518/10)
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8 | Sec. 10. Requirements for Internet dating services, | ||||||
9 | Internet child care
services, Internet senior care services, | ||||||
10 | and Internet home care services. | ||||||
11 | (a) An Internet dating service, Internet child care
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12 | service, Internet senior care service, or Internet home care | ||||||
13 | service offering services to Illinois members shall provide a | ||||||
14 | safety awareness notification to all Illinois members that | ||||||
15 | includes, at a minimum, a list and description of safety | ||||||
16 | measures reasonably designed to increase awareness of safer | ||||||
17 | dating, child care, senior care, and home care practices as | ||||||
18 | determined by the service. | ||||||
19 | Examples of such notifications include, but are not limited | ||||||
20 | to: | ||||||
21 | (1) "Anyone who is able to commit identity theft can | ||||||
22 | also falsify a dating profile, a child care profile, a | ||||||
23 | senior care profile, or a home care profile."
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1 | (2) "There is no substitute for acting with caution | ||||||
2 | when communicating with any stranger who wants to meet | ||||||
3 | you."
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4 | (3) "Never include your last name, e-mail address, home | ||||||
5 | address, phone number, place of work, or any other | ||||||
6 | identifying information in your Internet profile or | ||||||
7 | initial e-mail messages. Stop communicating with anyone | ||||||
8 | who pressures you for personal or financial information or | ||||||
9 | attempts in any way to trick you into revealing it."
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10 | (4) "If you choose to have a face-to-face meeting with | ||||||
11 | another member, always tell someone in your family or a | ||||||
12 | friend where you are going and when you will return. Never | ||||||
13 | agree to be picked up at your home. Always provide your own | ||||||
14 | transportation to and from your date and meet in a public | ||||||
15 | place with many people around."
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16 | (b) If an Internet dating service, Internet child care
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17 | service, Internet senior care service, or Internet home care | ||||||
18 | service does not conduct criminal background screenings on its | ||||||
19 | members, the service shall disclose, clearly and conspicuously | ||||||
20 | in a manner that is readily apparent to the viewer of the | ||||||
21 | disclosure , to all Illinois members that the Internet dating | ||||||
22 | service does not conduct criminal background screenings. The | ||||||
23 | disclosure shall be provided in two or more of the following | ||||||
24 | forms: when an electronic mail message is sent or received by | ||||||
25 | an Illinois member, in a "click-through" or other similar | ||||||
26 | presentation requiring a member from this State to acknowledge |
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1 | that they have received the information required by this Act, | ||||||
2 | on the profile describing a member to an Illinois member, and | ||||||
3 | on the website pages or homepage of the Internet dating | ||||||
4 | service, Internet child care
service, Internet senior care | ||||||
5 | service, or Internet home care service used when an Illinois | ||||||
6 | member signs up. A disclosure under this subsection shall be in | ||||||
7 | bold, capital letters in at least 12-point type.
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8 | (c) If an Internet dating service, Internet child care
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9 | service, Internet senior care service, or Internet home care | ||||||
10 | service conducts criminal background screenings on all of its | ||||||
11 | communicating members, then the service shall disclose, | ||||||
12 | clearly and conspicuously in a manner that is readily apparent | ||||||
13 | to the viewer of the disclosure , to all Illinois members that | ||||||
14 | the Internet dating service, Internet child care
service, | ||||||
15 | Internet senior care service, or Internet home care service | ||||||
16 | conducts a criminal background screening on each member prior | ||||||
17 | to permitting an Illinois member to communicate with another | ||||||
18 | member. The disclosure shall be provided on the website pages | ||||||
19 | used when an Illinois member signs up. A disclosure under this | ||||||
20 | subsection shall be in bold, capital letters in at least | ||||||
21 | 12-point type.
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22 | (d) If an Internet dating service, Internet child care
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23 | service, Internet senior care service, or Internet home care | ||||||
24 | service conducts criminal background screenings, then the | ||||||
25 | service shall disclose whether it has a policy allowing a | ||||||
26 | member who has been identified as having a criminal conviction |
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1 | to have access to its service to communicate with any Illinois | ||||||
2 | member; shall state that criminal background screenings are not | ||||||
3 | foolproof; that they may give members a false sense of | ||||||
4 | security; that they are not a perfect safety solution; that | ||||||
5 | criminals may circumvent even the most sophisticated search | ||||||
6 | technology; that not all criminal records are public in all | ||||||
7 | states and not all databases are up to date; that only publicly | ||||||
8 | available convictions are included in the screening; and that | ||||||
9 | screenings do not cover other types of convictions or arrests | ||||||
10 | or any convictions from foreign countries.
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11 | (Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)
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