Bill Text: IL SB2074 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Conviction History Reporting Act. Prohibits a consumer reporting agency from reporting in a criminal history report (1) criminal history information that antedates the report by more than 5 years and (2) criminal history record information that is not conviction information. Authorizes the recovery of damages, punitive damages, and attorney's fees. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2017-03-17 - Rule 3-9(a) / Re-referred to Assignments [SB2074 Detail]

Download: Illinois-2017-SB2074-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2074

Introduced 2/10/2017, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:
New Act

Creates the Conviction History Reporting Act. Prohibits a consumer reporting agency from reporting in a criminal history report (1) criminal history information that antedates the report by more than 5 years and (2) criminal history record information that is not conviction information. Authorizes the recovery of damages, punitive damages, and attorney's fees. Effective immediately.
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A BILL FOR

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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Conviction History Reporting Act.
6 Section 5. Definitions. In this Act:
7 "Consumer reporting agency" means any person or entity
8that, for monetary fees, dues, or on a cooperative non-profit
9basis, regularly engages, in whole or in part, in the practice
10of assembling or evaluating criminal history record
11information on individuals for the purpose of furnishing
12criminal history reports to third parties.
13 "Conviction information" means data reflecting a judgment
14of guilt or nolo contendere or any disposition arising
15therefrom, including sentencing, correctional supervision,
16rehabilitation, or release. For purposes of this Act, an order
17of supervision or qualified probation as defined by Section 5.2
18of the Criminal Identification Act that has been discharged or
19dismissed shall not be deemed conviction information.
20 "Criminal history record information" means records of
21arrest, complaint, indictment, or any disposition arising
22therefrom.
23 "Criminal history report" means any written, oral, or other

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1communication of information that includes criminal history
2record information about a natural person.
3 Section 10. Applicability; exclusion. The provisions of
4this Act do not apply to background collected, maintained, or
5disseminated pursuant to the Illinois Uniform Conviction
6Information Act.
7 Section 15. Limit on reporting of criminal history record
8information.
9 (a) A criminal history report furnished to a third party
10shall not include (1) criminal history information that
11antedates the report by more than 5 years or (2) criminal
12history record information that is not conviction information.
13 (b) Nothing in this Act abrogates a consumer reporting
14agency's ability to (1) report that an individual is currently
15subject to a publicly available registry established under the
16laws of this State or (2) otherwise report information that is
17not criminal history record information.
18 Section 20. Remedies. If a consumer reporting agency
19violates the terms of this Act, the subject of any criminal
20history report may recover in a civil action:
21 (1) damages in the amount of $1,000 for each report
22 provided to a third party in violation of this Act or
23 actual damages, whichever is greater;

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1 (2) costs and such reasonable attorney's fees as may be
2 allowed by the court; and
3 (3) any other relief as may be appropriate, including
4 punitive damages.
5 Section 99. Effective date. This Act takes effect upon
6becoming law.
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