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Pending privacy legislation

June 19, 2007

The legal framework regarding privacy issues is constantly changing. As justice agencies develop privacy policies for their information systems, it is not only necessary to evaluate the current legal requirements, but to keep informed of proposed legislation. This section of JusticePrivacy.com focuses on legislative proposals in the Illinois General Assembly and Congress. Pending bills in other jurisdictions that contain significantly impact how the criminal justice system collects, uses, and disseminates personally identifiable information may be included in the future.

95th ILLINOIS GENERAL ASSEMBLY

  • Illinois legislation status report: June 19, 2007
  • For a listing of privacy legislation pending in Congress, click [here].

BILL NUMBER SYNOPSIS
HB 42
Amends the Sex Offender Community Notification Law. Provides that the Department of State Police shall provide on its Sex Offender Information web page a form that allows a person who seeks access to sex offender information to be notified by e-mail of when a sex offender changes residence, employment, or school attendance to a location within a particular zip code or within a specified distance from an address.
Amends the Sex Offender Community Notification Law. Provides that the Department of State Police shall provide on its Sex Offender Information web page a form that allows a person who seeks access to sex offender information to be notified by e-mail when a sex offender changes residence, employment, or school attendance to a location within a particular zip code or within a specified distance from an address.
Amends the Freedom of Information Act. Provides that the monitoring location and reporting protocols related to the electronic monitoring of sexual predators are exempt from inspection and copying.
HB 435
Creates the Violent Offender Registration Law. Provides for the registration of a person who committed a violent crime as defined in the Rights of Crime Victims and Witnesses Act and who is not required to register under other acts. Provides that any law enforcement agency may place this identifying information about violent offenders on the Internet or in other media.
Creates the Drug Dealer Registration Law. Requires persons who commit offenses relating to the illegal manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance to register for a 10 year period with the local law enforcement agency of the municipality or county in which they reside, or are employed, or attend school. Creates the Drug Dealer Community Notification Law. Provides that information about registered drug dealers shall be made available to the public through a statewide Drug Dealer Database accessible on the Internet.
Amends the Sex Offender Registration Act. Provides that in all cases involving an adjudicated juvenile delinquent who meets the definition of sex offender as set forth in the Act, the court shall order the minor to register as a sex offender. Provides that no less than 5 years after registration, the minor may petition for the termination of the term of registration. Provides that these provisions apply retroactively.
Amends the Sex Offender Community Notification Law. Provides that the Department of State Police shall establish and maintain a Statewide Missing Sex Offender Database for the purpose of identifying missing sex offenders and making that information available to the general public. Provides that the Department of State Police must update that information as it deems necessary.
Amends the Library Records Confidentiality Act. Sets forth procedures under which a library may publish or make any information contained in its records available to the public if the information is requested by a sworn law enforcement officer.
Amends the Library Records Confidentiality Act. Sets forth procedures under which a library may publish or make any information contained in its records available to the public if the information is requested by a sworn law enforcement officer.
Amends the Library Records Confidentiality Act. Sets forth procedures under which a library may publish or make any information contained in its records available to the public if the information is requested by a sworn law enforcement officer.
Amends the Rights of Crime Victims and Witnesses Act. Provides that "crime victim" includes parents, legal guardians, and foster parents of a child killed as a result of a violent crime, or parents, legal guardians, and foster parents of a child victim who is physically or mentally incapable of exercising rights under the Act. Provides that support persons of the victim are subject to the admonition of the rules of confidentiality.
Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that a parole agent or probation officer may obtain the identity of a child under 18 years of age who is the victim of a criminal sexual offense from the law enforcement records and court records relating to the case.
Amends the Privacy of Child Victims of Criminal Sexual Offenses Act. Provides that when a criminal sexual offense is committed or alleged to have been committed by a school district employee or any individual contractually employed by a school district, a copy of the law enforcement records maintained by any law enforcement agency or circuit court records maintained by any circuit clerk relating to the investigation of the offense or alleged offense shall be transmitted to (rather than shall be made available for inspection and copying by) the superintendent of schools of the district.
Creates the Domestic Violence Prevention Review Board. Amends the Freedom of Information Act. Exempts information gathered by a Domestic Violence Fatality Review Team from the requirements of the Act.
Amends the Illinois Domestic Violence Act of 1986 by creating the Domestic Violence Fatality Review Team Law. Authorizes the creation of Domestic Violence Fatality Review Teams to identify and review the circumstances that led to domestic violence related homicides and identify strategies to prevent future fatalities. Allows the disclosure to Team members of any information deemed confidential, privileged, or prohibited from disclosure by any other Act. Provides that confidential information obtained by a Team shall remain confidential and may not be disclosed by the Team. Amends the Freedom of Information Act. Exempts information gathered by a Domestic Violence Fatality Review Team from the requirements of the Act.
Creates the Identity Protection Act. Prohibits a State or local government agency from using an individual's social security number in certain ways, subject to various exceptions.
Amends the Criminal Code of 1961. Provides that a person may commit identity theft when he or she uses fictitious personal identification information or documents for a fraudulent purpose
Creates the Interstate Compact for Juveniles Act of 2007. Provides for the adoption by Illinois of the Interstate Compact for Juveniles. Includes as one of the purposes to establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials.
Amends the Juvenile Court Act of 1987. Provides that the court order permitting disclosure of law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested or taken into custody before his or her 17th birthday and juvenile court records must be issued by a judge presiding over matters pursuant to the Act. Provides that in determining whether the records should be available for inspection, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information.
Creates the Family and Personal Protection Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Prohibits an applicant who has been convicted of a felony or has a history of mental illness, addiction, or habitual alcohol use from obtaining a permit. Includes a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant.
Creates the Family and Personal Protection Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Includes a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant.
Creates the Personal Protection for Judges, State's Attorneys, and Public Defenders Act. Establishes statewide uniform standards for the issuance of permits to carry concealed firearms in this State. Includes a waiver of privacy and confidentiality rights and privileges enjoyed by the applicant.
Amends the Illinois Vehicle Code. Provides that the Secretary of State may (rather than shall) compile a list of all registered vehicles. Deletes language requiring publication of the list at least annually. Provides that the list may (rather than shall) contain the names and addresses of registered owners and a brief description of each vehicle.
Amends the Illinois Vehicle Code. Provides that the Secretary of State may, without fee, allow the parent or guardian of a person under the age of 18 years, who holds a graduated driver's license or an instruction permit, to view the person's driving record online through a computer connection.
Amends the Personal Information Protection Act. Changes the definition of "breach of security of the system data" to "breach of the security of the system data or written material". Provides that the notice requirements of the Act apply to breaches of written material containing personal information and that a data collector shall notify the resident that there has been a breach within 48 hours of the discovery of the breach.
Amends the Criminal Code of 1961. Creates communications company privacy violation.
Creates the Anti-Phishing Act. Makes it unlawful for a person, by means of a Web page, e-mail message, or otherwise through use of the Internet, to take any action to induce another person to provide identifying information by representing oneself to be a business without the authority or approval of the business.
Amends the Unified Code of Corrections. Provides that the Illinois Department of State Police shall, within 30 days after sentencing, collect and analyze DNA samples required to be submitted by a person who has been convicted of a felony.
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes. Provides that in the amendatory changes to the Unified Code of Corrections, intentionally using genetic marker grouping analysis information derived from a DNA sample beyond authorized uses is a Class 3 rather than a Class 4 felony.
Amends the Unified Code of Corrections. Provides that any person on the effective date of this amendatory Act incarcerated in a facility of the Illinois Department of Corrections for any sex offense shall submit a specimen of blood, saliva, or tissue for inclusion in the State Offender DNA Identification System.
Amends the Code of Criminal Procedure of 1963 and the Unified Code of Corrections. Provides that every person arrested for committing a felony shall have a sample of his or her saliva or tissue taken for DNA fingerprinting analysis, at the time of booking, for the purpose of determining identity and for certain other specified purposes.
Amends the Criminal Identification Act. Provides that every county medical examiner and coroner shall provide to the Department of State Police and local law enforcement agency a sample of saliva or tissue from a dead body for DNA fingerprint analysis if the Department or agency notifies the medical examiner or coroner that providing that sample may be useful for law enforcement purposes in a criminal investigation.
Amends the Illinois Controlled Substances Act. Requires the Department of Human Services to establish an electronic system for monitoring Schedules II, III, IV, and V controlled substances that are lawfully dispensed within the State. Provides that data for each controlled substance that is dispensed shall include but not be limited to: patient identifier; drug dispensed; date of dispensing; quantity dispensed; prescriber; and dispenser.
Amends the Third Party Prescription Programs Article of the Insurance Code, the Pharmacy Practice Act of 1987, and the Wholesale Drug Distribution Licensing Act. Prohibits the licensure, transference, use, or sale of any records relative to prescription information containing patient-identifiable or prescriber-identifiable data by any licensee or registrant of the Acts for commercial purposes.
Amends the Election Code. Prohibits the unauthorized copying or dissemination of personal or other information from a voter registration application. Makes violation a Class A misdemeanor.
Amends the Military Code of Illinois and the Department of Veterans Affairs Act. Provides that no employee of the Department of Military Affairs or the Department of Veterans Affairs may remove sensitive material, including without limitation material containing social security numbers of or other personal information concerning veterans or their families, from Department offices without authorization.
Amends the Personal Information Protection Act. Prohibits a person or entity, not including a State or local agency, from, among other things, publicly posting or publicly displaying in any manner an individual's social security number.
Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose to any member who provides a billing address in this State, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.
Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose to any member who provides a billing address in this State, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.
Creates the Internet Dating Disclosure and Safety Awareness Act. Requires an online dating service provider offering services to residents of this State to disclose to any member who provides a billing address in this State, that the online dating provider either initiates a background check of felony and sex offense convictions on each member prior to permitting any member to communicate with a member in this State or that the online dating service provider does not initiate such a background check.
Amends the Freedom of Information Act. Exempts audio recordings of 911 calls from the Act's inspection and copying requirements. Exempts written transcripts of a 911 call unless the caller consents in writing and his or her consent signature is notarized.
urges the Illinois Congressional delegation in the United States Congress to support measures to repeal the Real ID Act of 2005 to ensure that the essential civil rights and liberties of citizens of this country that are protected.
Amends the Illinois Vehicle Code and the Consumer Fraud and Deceptive Business Practices Act. Requires a driver involved in an accident to report the accident to the Administrator of the Illinois Safety and Family Financial Responsibility Law within 10 days if the damage to the property of any one person as a result of the accident exceeds $1,500 (rather than $500). Provides that the report forms must call for detailed information with regard to the extent of any vehicle damage. Provides that the Department of Transportation may supply vehicle-specific accident data to any person or entity in bulk electronic form after deleting specified private information. Provides that the person or entity must pay for the data and limits how the data may be used.
Amends the Right to Privacy in the Workplace Act. Prohibits employers from enrolling in any Employment Eligibility Verification System, including the Basic Pilot program, as authorized by federal law, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative nonconfirmation notices issued to employers within 3 days, unless otherwise required by federal law.
Creats the Re-Sellers' Electronic Reporting Task Force. The Task Force shall study the various systems, technologies, and methods of operation for providing law enforcement with timely access to information relating to the sales of personal property by pawnbrokers, auction services, consignment sellers, and other resellers.
Amends the Criminal Identification Act. Permits the court to order the sealing of the criminal records of adults and of minors prosecuted as adults which cannot be sealed pursuant to other provisions of law when the offender has obtained a certificate of good conduct from the Prisoner Review Board and has demonstrated rehabilitation. Permits the sealing of the records of persons who have been convicted of Class 2, 3, or 4 felony violations relating to the manufacture or delivery of cannabis, a controlled substance, or a look-alike substance, or the delivery of methamphetamine.
Amends the Criminal Identification Act relating to expungement. Changes the procedures relating to the expungement of adult criminal records and the records of minors prosecuted as adults. Establishes time limits and procedures for filing petitions to expunge. Excludes certain enumerated offenses from expungement. Provides for the sealing of certain arrest and court records.