HB5891 98TH GENERAL ASSEMBLY

LRB098 18853 JLS 53999 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5891

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

815 ILCS 518/10

Amends the Internet Dating, Internet, Internet Child Care, Internet Senior Care, and internet Home Safety Act. Provides that disclosures concerning background checks must be provided in connection with mobile devices in a clear and conspicuous manner.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Internet Dating, Internet Child Care, Internet Senior Care, and Internet Home Care Safety Act is amended by changing Section 10 as follows:

(815 ILCS 518/10)

Sec. 10. Requirements for Internet dating services, Internet child care services, Internet senior care services, and Internet home care services.

(a) An Internet dating service, Internet child care service, Internet senior care service, or Internet home care service offering services to Illinois members shall provide a safety awareness notification to all Illinois members that includes, at a minimum, a list and description of safety measures reasonably designed to increase awareness of safer dating, child care, senior care, and home care practices as determined by the service.

Examples of such notifications include, but are not limited to:

(1) "Anyone who is able to commit identity theft can also falsify a dating profile, a child care profile, a senior care profile, or a home care profile."

(2) "There is no substitute for acting with caution when communicating with any stranger who wants to meet you."

(3) "Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it."

(4) "If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around."

(b) If an Internet dating service, Internet child care service, Internet senior care service, or Internet home care service does not conduct criminal background screenings on its members, the service shall disclose, clearly and conspicuously, to all Illinois members that the Internet dating service does not conduct criminal background screenings. The disclosure shall be provided in two or more of the following forms: when an electronic mail message is sent or received by an Illinois member, in a "click-through" or other similar presentation requiring a member from this State to acknowledge that they have received the information required by this Act, on the profile describing a member to an Illinois member, and on the website pages or homepage of the Internet dating service, Internet child care service, Internet senior care service, or Internet home care service used when an Illinois member signs up. A disclosure under this subsection made on a device other than a mobile device shall be in bold, capital letters in at least 12-point type. A disclosure under this Section made on a mobile device shall be made in a clear and conspicuous manner that is readily apparent to the viewer of the disclosure.

(c) If an Internet dating service, Internet child care service, Internet senior care service, or Internet home care service conducts criminal background screenings on all of its communicating members, then the service shall disclose, clearly and conspicuously, to all Illinois members that the Internet dating service, Internet child care service, Internet senior care service, or Internet home care service conducts a criminal background screening on each member prior to permitting an Illinois member to communicate with another member. The disclosure shall be provided on the website pages used when an Illinois member signs up. A disclosure under this subsection made on a device other than a mobile device shall be in bold, capital letters in at least 12-point type. A disclosure under this Section made on a mobile device shall be made in a clear and conspicuous manner that is readily apparent to the viewer of the disclosure.

(d) If an Internet dating service, Internet child care service, Internet senior care service, or Internet home care service conducts criminal background screenings, then the service shall disclose whether it has a policy allowing a member who has been identified as having a criminal conviction to have access to its service to communicate with any Illinois member; shall state that criminal background screenings are not foolproof; that they may give members a false sense of security; that they are not a perfect safety solution; that criminals may circumvent even the most sophisticated search technology; that not all criminal records are public in all states and not all databases are up to date; that only publicly available convictions are included in the screening; and that screenings do not cover other types of convictions or arrests or any convictions from foreign countries.

(Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)