Summary
S.B. 2560 would require a person who has published a “criminal record” online or anywhere else, to remove the information within 30 days upon written request by the person who is the subject of the “criminal record.”
“Criminal record” is defined as descriptions or notations of an arrest, criminal charges, the disposition of those criminal charges; photos or video of the person taken pursuant to an arrest or other involvement in the criminal justice system; and personal identifying information, including a person’s name and address. The bill deems anyone who publishes such information in any forum “for the purposes of commerce” to be subject to this law.
Status
The bill was amended so that it applies only to websites that charge to remove the criminal record. There is also an exception for a play, book, magazine, newspaper, musical, composition, visual work, work of art, audiovisual work, radio, motion picture or television program, or a dramatic, literary or musical work.
The bill passed both the House and the Senate but was sent to the governor.
Analysis
On February 8, 2018, Media Coalition submitted a memo in opposition to the bill. It details how this legislation would require publishers to erase or alter truthful historic information by scrubbing stories about arrests, trials and appeals.
The memo includes examples of important current and historical events that would have to be rewritten; iconic images such as Jack Ruby’s murder of Oswald while in police custody could be subject to a request for removal, as could footage of the police chase of O.J. Simpson in the white Bronco, since the definition of “criminal record” is so broad. O.J. Simpson and John Hinckley could both force a publisher to remove their “criminal records” since neither one was found guilty. The estate of Lee Harvey Oswald could demand that a news publisher erase his “criminal records” since he was killed before he could be convicted of his crimes, which resulted in the charges against him being dropped. John Dillinger was shot by the police as they were trying to arrest him. His estate could ask that any “criminal records” related to crimes he was accused of be removed since he was never charged.
History
- The bill was introduced on February 6, 2018, and referred to the Senate Judiciary Committee.
- On April 10, 2018, the bill was amended so that it only applies to websites that charge a fee to remove the criminal record.
- On April 25, 2018, the Illinois Senate passed the bill and sent it to the Illinois House for consideration.
- On May 30, 2018, the Illinois House passed the bill.
- On June 28, 2018, the bill was sent to the governor.