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Public Act 094-0038
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| HB2697 Enrolled |
LRB094 09127 RLC 39358 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 16G-10 and by adding Section 16G-14 as follows:
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(720 ILCS 5/16G-10)
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Sec. 16G-10. Definitions. In this Article unless the |
context otherwise
requires:
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(a) "Personal identification document" means a birth |
certificate, a drivers
license, a State identification
card, a |
public, government, or private employment identification card, |
a social
security card, a firearm
owner's identification card, |
a credit card, a debit card, or a passport issued
to
or on |
behalf of a person other
than the offender,
or any document |
made or issued, or falsely purported to have been made or
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issued, by or under the authority of the United States |
Government, the State of
Illinois, or any other State political |
subdivision of any state, or any other
governmental or |
quasi-governmental organization that is of a type intended for
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the
purpose of identification of an individual,
or any such |
document made or altered in a manner that it falsely
purports |
to have been
made on behalf of or issued to another person or |
by the authority of one who
did not give that authority.
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(b) "Personal identifying information" means any of the |
following
information:
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(1) A person's name;
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(2) A person's address;
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(2.5) A person's date of birth;
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(3) A person's telephone number;
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(4) A person's drivers license number or State of |
Illinois identification
card as assigned by the
Secretary |
of State of the State of Illinois or a similar agency of |
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another
state;
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(5) A person's Social Security number;
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(6) A person's public, private, or government |
employer, place of
employment, or employment
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identification number;
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(7) The maiden name of a person's mother;
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(8) The number assigned to a person's depository |
account, savings account,
or brokerage
account;
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(9) The number assigned to a person's credit or debit |
card, commonly known
as a "Visa Card",
"Master Card", |
"American Express Card", "Discover Card", or other similar |
cards
whether issued by a
financial institution, |
corporation, or business entity;
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(10) Personal identification numbers;
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(11) Electronic identification numbers;
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(12) Digital signals;
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(13) Any other numbers or information which can be used |
to access a
person's financial
resources, or to identify a |
specific individual.
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(c) "Document-making implement" means any implement, |
impression, template,
computer file, computer disc, electronic |
device, computer hardware, computer
software, instrument, or |
device that is used to make a real or fictitious or
fraudulent |
personal identification document. |
(d) "Financial transaction device" means any of the |
following: |
(1) An electronic funds transfer card. |
(2) A credit card. |
(3) A debit card. |
(4) A point-of-sale card. |
(5) Any instrument, device, card, plate, code, account |
number, personal identification number, or a record
or copy |
of a code, account number, or personal identification |
number or other means of access to a credit
account or |
deposit account, or a driver's license or state |
identification card used to access a proprietary
account, |
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other than access originated solely by a paper instrument, |
that can be used alone or in conjunction
with another |
access device, for any of the following purposes: |
(A) Obtaining money, cash refund or credit |
account, credit, goods, services, or any other thing of |
value. |
(B) Certifying or guaranteeing to a person or |
business the availability to the device holder of funds |
on
deposit to honor a draft or check payable to the |
order of that person or business. |
(C) Providing the device holder access to a deposit |
account for the purpose of making deposits,
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withdrawing funds, transferring funds between deposit |
accounts, obtaining information pertaining to a |
deposit
account, or making an electronic funds |
transfer.
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(Source: P.A. 93-401, eff. 7-31-03.)
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(720 ILCS 5/16G-14 new) |
Sec. 16G-14. Transmission of personal identifying |
information prohibited. |
(a) A person who is not a party to a transaction that |
involves the use of a financial transaction device may not |
secretly or surreptitiously photograph, or otherwise capture |
or record, electronically or by any other means, or distribute, |
disseminate, or transmit, electronically or by any other means, |
personal identifying information from the transaction without |
the consent of the person whose information is photographed, or |
otherwise captured, recorded, distributed, disseminated, or |
transmitted. |
(b) This Section does not: |
(1) prohibit the capture or transmission of personal |
identifying information in the ordinary and lawful course |
of business; |
(2) apply to a peace officer of this State, or of the |
federal government, or the officer's agent, while in the |