Illinois 2023-2024 Regular Session

Illinois House Bill HB0027

Introduced
1/12/23  
Introduced
1/12/23  
Refer
2/21/23  
Refer
1/12/23  
Refer
3/10/23  
Refer
2/21/23  

Caption

PUBLISHING CRIMINAL RECORDS

Impact

The impact of HB 0027 on state laws includes enhanced privacy protections for individuals arrested for minor offenses. Specifically, it prevents the publication of booking photographs related to civil offenses, petty offenses, business offenses, and certain misdemeanors. Additionally, it mandates that for-profit entities involved in publishing criminal record information must remove associated records within 30 days at no charge when individuals present proof of innocence, such as pardons or expungements. This change will affect how criminal history information is managed in public forums and could influence the procedures that law enforcement and publishing entities follow regarding such sensitive data.

Summary

House Bill 0027, introduced by Rep. La Shawn K. Ford, aims to amend the Freedom of Information Act and the Consumer Fraud and Deceptive Business Practices Act in Illinois. The bill specifically restricts law enforcement agencies from electronically providing or publishing booking photographs unless they are related to felonies or are used in the pursuit of missing persons or fugitives. This seeks to curtail the public dissemination of arrest photographs that could harm individuals who have not been convicted of serious crimes. By limiting the circumstances under which booking photographs are published, the bill addresses concerns about the online reputational damage that may occur from such public disclosures.

Contention

Notable points of contention surrounding HB 0027 stem from its potential implications on public access to information versus individual privacy rights. Advocates for the bill argue that it protects innocent individuals from the adverse effects of having their booking photos available online, which can lead to unwarranted public shaming and discrimination. Opponents, however, may contend that such restrictions could hinder law enforcement efforts in tracking fugitives or complicate journalistic endeavors to inform the public about crime. Thus, the bill raises important discussions about the balance between transparency and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

IL SB1466

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

IL HB2723

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

IL HB2198

criminal records sealed; petty offense

IL SB1638

CRIMINAL RECORDS-EXPUNGEMENT

IL SB423

Modifies provisions relating to criminal records

IL SB1356

Modifies provisions relating to criminal records

IL S0812

Public Records/Sealed Criminal History Records

IL SB1342

An act to amend Sections 851.93 and 1203.425 of the Penal Code, relating to criminal records.

IL HB1115

Private image; create criminal offense for creation, recording or alteration of without consent of depicted individual.

IL S0506

Public Records/Body Camera Recordings Recorded by a Code Inspector

Similar Bills

HI SB3098

Relating To Expungement Orders.

HI HB2279

Relating To Expungement Orders.

TN SB0482

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13 and Title 40, relative to criminal offenses.

TN HB0403

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 13 and Title 40, relative to criminal offenses.

NC H1134

Secret Peeping on Minor/Increase Punishment

NC HB1134

House Bill 1134

IN HB1249

Mugshot requirements.

TN HB0099

AN ACT to amend Tennessee Code Annotated, Section 39-13-605 and Title 40, Chapter 39, Part 2, relative to unlawful photography.