95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4999


 
Introduced , by Rep. Karen May
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/26-3
  from Ch. 38, par. 26-3







    Amends the Criminal Code of 1961.  Provides that a person who uses or causes the use of a facsimile machine to send unsolicited advertising is liable in a civil action to the recipient, or other person who suffered damages as a result of the violation. Provides that the recipient or other person suffering damages may: (1) bring an action to enjoin such violation; (2) bring an action to recover actual damages from such a violation or to receive $1,000 in damages for each such violation, whichever is greater; and (3) in either event (1) or (2), recover court costs, attorney's fees, or any other relief the court deems proper.  Provides that a criminal prosecution or conviction is not a condition of a civil action under the Statute.  Effective immediately. 
















LRB095 15233 RLC 45806 b

















 


 


A BILL FOR









 











HB4999

LRB095 15233 RLC 45806 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 
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Section 26-3 as follows:
 



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    (720 ILCS 5/26-3)  (from Ch. 38, par. 26-3)



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    Sec. 26-3. Use of a facsimile machine in unsolicited 
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advertising or fund-raising. 

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    (a) Definitions.  In this Section: :

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        (1) "Facsimile machine" means a device which is capable 
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    of sending or
receiving facsimiles of documents through 
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    connection with a
telecommunications network.

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        (2) "Person" means an individual, public or private 
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    corporation, unit of
government, partnership or 
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    unincorporated association, except that for the purposes 
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    of subsection (d) of this Section, "person" means any 
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    natural person and any corporate or other entity.

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        (3) "Unsolicited advertising" shall have the same 
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    meaning as in 47 U.S.C. 227. 
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    (b) No person shall knowingly use a facsimile machine to 
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send or cause
to be sent to another person a facsimile of a 
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document containing
unsolicited advertising or fund-raising 
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material, except to
a person which the sender knows or under 
 


 






HB4999
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LRB095 15233 RLC 45806 b




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all of the circumstances
reasonably believes has given the 
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sender permission, either on a case by
case or continuing 
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basis, for the sending of such material.

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    (c) Sentence.  Any person who violates subsection (b) is 
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guilty of a petty
offense and shall be fined an amount not to 
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exceed $500.

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    (d) Civil remedies. A person who uses or causes the use of 
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a facsimile machine to send unsolicited advertising is liable 
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in a civil action to the recipient, or other person who 
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suffered damages as a result of the violation. The recipient or 
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other person suffering damages may: 
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        (1) bring an action to enjoin such violation; 
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        (2) bring an action to recover actual damages from such 
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    a violation or to receive $1,000 in damages for each such 
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    violation, whichever is greater; and 
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        (3) in either event (1) or (2) of this subsection (d), 
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    recover court costs, attorney's fees, or any other relief 
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    the court deems proper.
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    (e)  Nothing in this amendatory Act of the 95th General 
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Assembly affects the availability of relief under State or 
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federal law for facsimiles sent prior to the effective date of 
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this amendatory Act.
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    (f)  A criminal prosecution or conviction is not a condition 
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of a civil action under this Section. 
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(Source: P.A. 86-555.)


 
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    Section 99. Effective date. This Act takes effect upon 
 


 






HB4999
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becoming law.