Sen. Suzy Glowiak Hilton
Filed: 4/5/2022
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1 | AMENDMENT TO HOUSE BILL 1091
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2 | AMENDMENT NO. ______. Amend House Bill 1091 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Article 1. | ||||||
5 | Section 1-1. Short title. This Article may be cited as the | ||||||
6 | Illinois Integrity, Notification, and Fairness in Online | ||||||
7 | Retail Marketplaces for Consumers (INFORM Consumers) Act.
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8 | References in this Article to "this Act" mean this Article. | ||||||
9 | Section 1-5. Definitions. In this Act: | ||||||
10 | "Consumer product" means any tangible personal property | ||||||
11 | that is distributed in commerce and that is normally used for | ||||||
12 | personal, family, or household purposes (including any such | ||||||
13 | property intended to be attached to or installed in any real | ||||||
14 | property without regard to whether it is so attached or | ||||||
15 | installed). |
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1 | "High-volume third-party seller" means a participant in an | ||||||
2 | online marketplace who is a third-party seller and who, in any | ||||||
3 | continuous 12-month period during the previous 24 months, has | ||||||
4 | entered into 200 or more discrete sales or transactions of new | ||||||
5 | or unused consumer products and has an aggregate total of | ||||||
6 | $5,000 or more in gross revenue. For purposes of calculating | ||||||
7 | the number of discrete sales or transactions or the aggregate | ||||||
8 | gross revenues under subsection (a) of Section 1-10, an online | ||||||
9 | marketplace shall only be required to count sales or | ||||||
10 | transactions made through the online marketplace and for which | ||||||
11 | payment was processed by the online marketplace, either | ||||||
12 | directly or through its payment processor. | ||||||
13 | "Online marketplace" means any person or entity that: | ||||||
14 | (1) operates a consumer-directed electronically based | ||||||
15 | or accessed platform that includes features that allow | ||||||
16 | for, facilitate, or enable online third-party sellers to | ||||||
17 | engage in the sale, purchase, payment, storage, shipping, | ||||||
18 | or delivery of consumer products in this State; | ||||||
19 | (2) is used by one or more online third-party sellers | ||||||
20 | for such purposes; and | ||||||
21 | (3) has a contractual or similar relationship with | ||||||
22 | consumers governing their use of the platform to purchase | ||||||
23 | consumer product.
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24 | "Seller" means a person who sells, offers to sell, or | ||||||
25 | contracts to sell consumer products through an online | ||||||
26 | marketplace's platform.
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1 | "Third-party seller" means any seller, independent of an | ||||||
2 | online marketplace, who sells, offers to sell, or contracts to | ||||||
3 | sell a consumer product in this State through an online | ||||||
4 | marketplace. "Third-party seller" does not include, with | ||||||
5 | respect to an online marketplace: | ||||||
6 | (1) a seller who operates the online marketplace's | ||||||
7 | platform; or | ||||||
8 | (2) a business entity that has: | ||||||
9 | (A) made available to the public the entity's | ||||||
10 | name, business address, and working contact | ||||||
11 | information; | ||||||
12 | (B) an ongoing contractual relationship with the | ||||||
13 | online marketplace to provide the online marketplace | ||||||
14 | with the manufacture, distribution, wholesaling, or | ||||||
15 | fulfillment of shipments of consumer products; and
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16 | (C) provided to the online marketplace identifying | ||||||
17 | information, as described in
subsection (a) of Section | ||||||
18 | 1-10, that has been verified in accordance with that | ||||||
19 | subsection.
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20 | "Verify" means to confirm information provided to an | ||||||
21 | online marketplace, including, but not limited to, by the use | ||||||
22 | of one or more methods that enable the online marketplace to | ||||||
23 | reliably determine that any information and documents provided | ||||||
24 | are valid, corresponding to the seller or an individual acting | ||||||
25 | on the seller's behalf, not misappropriated, and not | ||||||
26 | falsified.
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1 | Section 1-10. Online marketplace verification.
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2 | (a) Online marketplaces shall require that any high-volume | ||||||
3 | third-party seller on the online marketplace's platform | ||||||
4 | provide the online marketplace with the following information | ||||||
5 | no later than 10 days after qualifying as a high-volume | ||||||
6 | third-party seller on the platform: | ||||||
7 | (1) A bank account number, or, if the high-volume | ||||||
8 | third-party seller does not have a bank account, the name | ||||||
9 | of the payee for payments issued by the online marketplace | ||||||
10 | to the high-volume third-party seller. The bank account or | ||||||
11 | payee information required may be provided by the seller | ||||||
12 | to the online marketplace or other third parties | ||||||
13 | contracted by the online marketplace to maintain the | ||||||
14 | information, so long as the online marketplace ensures | ||||||
15 | that it can obtain the information on demand from the | ||||||
16 | other third parties. | ||||||
17 | (2) The contact information for the high-volume | ||||||
18 | third-party seller.
If the high-volume third-party seller | ||||||
19 | is an individual, the individual's name shall be provided.
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20 | If the high-volume third-party seller is not an | ||||||
21 | individual, a copy of a valid government-issued | ||||||
22 | identification for an individual acting on behalf of the | ||||||
23 | seller that includes the individual's name or a copy of a | ||||||
24 | valid government-issued record or tax document that | ||||||
25 | includes the business name and physical address of the |
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1 | seller shall be provided.
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2 | (3) A business tax identification number or, if the | ||||||
3 | high-volume third-party seller does not have a business | ||||||
4 | tax identification number, a taxpayer identification | ||||||
5 | number. | ||||||
6 | (4) A current working email address and phone number | ||||||
7 | for the high-volume third-party seller.
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8 | (b) An online marketplace shall periodically, but not less | ||||||
9 | than annually, notify any high-volume third-party seller on | ||||||
10 | the online marketplace's platform of the requirement to keep | ||||||
11 | any information collected under subsection (a) current and | ||||||
12 | require any high-volume third-party seller on the online | ||||||
13 | marketplace's platform to, not later than 10 days after | ||||||
14 | receiving the notice, electronically certify that: | ||||||
15 | (1) the high-volume third-party seller has provided | ||||||
16 | any changes to the information to the online marketplace, | ||||||
17 | if such changes have occurred; | ||||||
18 | (2) there have been no changes to the high-volume | ||||||
19 | third-party seller's information; or | ||||||
20 | (3) the high-volume third-party seller has provided | ||||||
21 | any changes to such information to the online marketplace. | ||||||
22 | (c) If a high-volume third-party seller does not provide | ||||||
23 | the information or certification required under this Section, | ||||||
24 | the online marketplace, after providing the seller with | ||||||
25 | written or electronic notice and an opportunity to provide the | ||||||
26 | information or certification not later than 10 days after the |
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1 | issuance of the notice, shall suspend any future sales | ||||||
2 | activity of the seller until the seller provides the | ||||||
3 | information or certification.
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4 | (d) An online marketplace shall verify the information | ||||||
5 | collected under subsection (a) no later than 10 days after the | ||||||
6 | collection and shall verify any change to the information not | ||||||
7 | later than 10 days after being notified of the change by a | ||||||
8 | high-volume third-party seller under subsection (b). If a | ||||||
9 | high-volume third-party seller provides a copy of a valid | ||||||
10 | government-issued tax document, any information contained in | ||||||
11 | the document shall be presumed to be verified as of the date of | ||||||
12 | issuance of the document.
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13 | (e) An online marketplace shall require any high-volume | ||||||
14 | third-party seller with an aggregate total of $20,000 or more | ||||||
15 | in annual gross revenues on the online marketplace, and that | ||||||
16 | uses the online marketplace's platform, to provide information | ||||||
17 | to the online marketplace that includes the identity of the | ||||||
18 | high-volume third-party seller, including: | ||||||
19 | (1) the full name of the seller or seller's company | ||||||
20 | name, or the name by which the seller or company operates | ||||||
21 | on the online marketplace; | ||||||
22 | (2) the physical address of the seller; | ||||||
23 | (3) the contact information of the seller including a | ||||||
24 | current working phone number; a current working email | ||||||
25 | address for the seller; or other means of direct | ||||||
26 | electronic messaging that may be provided to the |
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1 | high-volume third-party seller by the online marketplace | ||||||
2 | to allow for the direct, unhindered communication with | ||||||
3 | high-volume third-party sellers by users of the online | ||||||
4 | marketplace; and | ||||||
5 | (4) whether the high-volume third-party seller used a | ||||||
6 | different seller to supply consumer products to consumers | ||||||
7 | upon purchase, and, upon the request of a consumer, the | ||||||
8 | information described in paragraph (1) of this subsection | ||||||
9 | (e) relating to any such seller that supplied the consumer | ||||||
10 | product to the consumer, if the seller is different from | ||||||
11 | the high-volume third-party seller listed on the product | ||||||
12 | listing prior to purchase.
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13 | (f) An online marketplace shall provide to consumers the | ||||||
14 | information in subsection (e) in a conspicuous manner: (i) in | ||||||
15 | the order confirmation message or other document or | ||||||
16 | communication made to a consumer after a purchase is | ||||||
17 | finalized; and (ii) in the consumer's account transaction | ||||||
18 | history.
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19 | (g) Upon the request of a high-volume third-party seller, | ||||||
20 | an online marketplace may provide for partial disclosure of | ||||||
21 | the identity information required under subsection (e) as | ||||||
22 | follows: | ||||||
23 | (1) If the high-volume third-party seller certifies to | ||||||
24 | the online marketplace that the seller does not have a | ||||||
25 | business address and only has a residential street | ||||||
26 | address, or has a combined business and residential |
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1 | address, the online marketplace may disclose only the | ||||||
2 | country and, if applicable, the state in which the | ||||||
3 | high-volume third-party seller resides; and inform | ||||||
4 | consumers that there is no business address available for | ||||||
5 | the seller and that consumer inquiries should be submitted | ||||||
6 | to the seller by phone, email, or other means of | ||||||
7 | electronic messaging provided to the seller by the online | ||||||
8 | marketplace. | ||||||
9 | (2) If the high-volume third-party seller certifies to | ||||||
10 | the online marketplace that the seller is a business that | ||||||
11 | has a physical address for product returns, the online | ||||||
12 | marketplace may disclose the seller's physical address for | ||||||
13 | product returns. | ||||||
14 | (3) If a high-volume third-party seller certifies to | ||||||
15 | the online marketplace that the seller does not have a | ||||||
16 | phone number other than a personal phone number, the | ||||||
17 | online marketplace shall inform consumers that there is no | ||||||
18 | phone number available for the seller and that consumer | ||||||
19 | inquiries should be submitted to the seller's email | ||||||
20 | address or other means of electronic messaging provided to | ||||||
21 | the seller by the online marketplace.
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22 | (h) If an online marketplace becomes aware that a | ||||||
23 | high-volume third-party seller has made a false representation | ||||||
24 | to the online marketplace in order to justify the provision of | ||||||
25 | a partial disclosure under subsection (g) or that a | ||||||
26 | high-volume third-party seller who has requested and received |
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1 | a provision for a partial disclosure under subsection (g) has | ||||||
2 | not provided responsive answers within a reasonable time to | ||||||
3 | consumer inquiries submitted to the seller by phone, email, or | ||||||
4 | other means of electronic messaging provided to the seller by | ||||||
5 | the online marketplace, the online marketplace shall, after | ||||||
6 | providing the seller with written or electronic notice and an | ||||||
7 | opportunity to respond not later than 10 days after the | ||||||
8 | issuance of the notice, suspend any future sales activity of | ||||||
9 | the seller unless the seller consents to the disclosure of the | ||||||
10 | identity information required under subsection (e).
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11 | (i) If a high-volume third-party seller does not comply | ||||||
12 | with the requirements to provide and disclose information | ||||||
13 | under this Section, the online marketplace, after providing | ||||||
14 | the seller with written or electronic notice and an | ||||||
15 | opportunity to provide or disclose the information not later | ||||||
16 | than 10 days after the issuance of the notice, shall suspend | ||||||
17 | any future sales activity of the seller until the seller | ||||||
18 | complies with the requirements.
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19 | (j) An online marketplace shall disclose to consumers in a | ||||||
20 | clear and conspicuous manner on the product listing of any | ||||||
21 | high-volume third-party seller a reporting mechanism that | ||||||
22 | allows for electronic and telephonic reporting of suspicious | ||||||
23 | marketplace activity to the online marketplace.
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24 | (k) Information collected solely to comply with the | ||||||
25 | requirements of this Section may not be used for any other | ||||||
26 | purpose unless required by law. An online marketplace shall |
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1 | implement and maintain reasonable security procedures and | ||||||
2 | practices, including administrative, physical, and technical | ||||||
3 | safeguards, appropriate to the nature of the data and the | ||||||
4 | purposes for which the data will be used, to protect the data | ||||||
5 | collected under this Section from unauthorized use, | ||||||
6 | disclosure, access, destruction, or modification.
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7 | Notwithstanding anything to the contrary in this subsection, | ||||||
8 | the Attorney General may request, by subpoena or otherwise, | ||||||
9 | and use any information collected to comply with the | ||||||
10 | requirements of this Section to enforce the provisions of this | ||||||
11 | Act as set forth in subsection (l). | ||||||
12 | (l) If the Attorney General has reason to believe that any | ||||||
13 | person has violated this Act, the Attorney General may bring | ||||||
14 | an action in the name of the People of the State against the | ||||||
15 | person to restrain by preliminary or permanent injunction the | ||||||
16 | use of such a method, act, or practice. The court, in its | ||||||
17 | discretion, may exercise all powers necessary, including, but | ||||||
18 | not limited to: injunction; revocation, forfeiture, or | ||||||
19 | suspension of any license, charter, franchise, certificate, or | ||||||
20 | other evidence of authority of any person to do business in | ||||||
21 | this State; appointment of a receiver; dissolution of domestic | ||||||
22 | corporations or associations or suspension or termination of | ||||||
23 | the right of foreign corporations or associations to do | ||||||
24 | business in this State; and restitution.
In the administration | ||||||
25 | of this Section, the Attorney General may accept an Assurance | ||||||
26 | of Voluntary Compliance with respect to any method, act, or |
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1 | practice deemed to be violative of this Act from any person who | ||||||
2 | has engaged in, is engaging in, or was ab to engage in such a | ||||||
3 | method, act, or practice. Evidence of a violation of an | ||||||
4 | Assurance of Voluntary Compliance shall be prima facie | ||||||
5 | evidence of a violation of this Act in any subsequent | ||||||
6 | proceeding brought by the Attorney General against the alleged | ||||||
7 | violator.
The Attorney General shall be empowered to issue | ||||||
8 | subpoenas to or examine under oath any person alleged to have | ||||||
9 | participated in or to have knowledge of the alleged method, | ||||||
10 | act, or practice in violation of this Act. Nothing in this Act | ||||||
11 | creates or is intended to create a private right of action | ||||||
12 | against any high-volume third-party seller, online marketplace | ||||||
13 | seller, or third-party seller based upon compliance or | ||||||
14 | noncompliance with its provisions.
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15 | (m) To the extent that a substantially similar federal law | ||||||
16 | or regulation conflicts with this Act, the federal law or | ||||||
17 | regulation controls.
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18 | Article 2. | ||||||
19 | Section 2-5. The Criminal Code of 2012 is amended by | ||||||
20 | changing Sections 16-0.1 and 17-37 and by adding Sections | ||||||
21 | 16-25.1 and 16-25.2 as follows: | ||||||
22 | (720 ILCS 5/16-0.1) | ||||||
23 | Sec. 16-0.1. Definitions. In this Article, unless the |
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1 | context clearly requires otherwise, the following terms are | ||||||
2 | defined as indicated: | ||||||
3 | "Access" means to use, instruct, communicate with, store | ||||||
4 | data in, retrieve or intercept data from, or otherwise utilize | ||||||
5 | any services of a computer. | ||||||
6 | "Coin-operated machine" includes any automatic vending | ||||||
7 | machine or any part thereof, parking meter, coin telephone, | ||||||
8 | coin-operated transit turnstile, transit fare box, coin | ||||||
9 | laundry machine, coin dry cleaning machine, amusement machine, | ||||||
10 | music machine, vending machine dispensing goods or services, | ||||||
11 | or money changer. | ||||||
12 | "Communication device" means any type of instrument, | ||||||
13 | device, machine, or equipment which is capable of | ||||||
14 | transmitting, acquiring, decrypting, or receiving any | ||||||
15 | telephonic, electronic, data, Internet access, audio, video, | ||||||
16 | microwave, or radio transmissions, signals, communications, or | ||||||
17 | services, including the receipt, acquisition, transmission, or | ||||||
18 | decryption of all such communications, transmissions, signals, | ||||||
19 | or services provided by or through any cable television, fiber | ||||||
20 | optic, telephone, satellite, microwave, radio, Internet-based, | ||||||
21 | data transmission, or wireless distribution network, system or | ||||||
22 | facility; or any part, accessory, or component thereof, | ||||||
23 | including any computer circuit, security module, smart card, | ||||||
24 | software, computer chip, electronic mechanism or other | ||||||
25 | component, accessory or part of any communication device which | ||||||
26 | is capable of facilitating the transmission, decryption, |
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1 | acquisition or reception of all such communications, | ||||||
2 | transmissions, signals, or services. | ||||||
3 | "Communication service" means any service lawfully | ||||||
4 | provided for a charge or compensation to facilitate the lawful | ||||||
5 | origination, transmission, emission, or reception of signs, | ||||||
6 | signals, data, writings, images, and sounds or intelligence of | ||||||
7 | any nature by telephone, including cellular telephones or a | ||||||
8 | wire, wireless, radio, electromagnetic, photo-electronic or | ||||||
9 | photo-optical system; and also any service lawfully provided | ||||||
10 | by any radio, telephone, cable television, fiber optic, | ||||||
11 | satellite, microwave, Internet-based or wireless distribution | ||||||
12 | network, system, facility or technology, including, but not | ||||||
13 | limited to, any and all electronic, data, video, audio, | ||||||
14 | Internet access, telephonic, microwave and radio | ||||||
15 | communications, transmissions, signals and services, and any | ||||||
16 | such communications, transmissions, signals and services | ||||||
17 | lawfully provided directly or indirectly by or through any of | ||||||
18 | those networks, systems, facilities or technologies. | ||||||
19 | "Communication service provider" means: (1) any person or | ||||||
20 | entity providing any communication service, whether directly | ||||||
21 | or indirectly, as a reseller, including, but not limited to, a | ||||||
22 | cellular, paging or other wireless communications company or | ||||||
23 | other person or entity which, for a fee, supplies the | ||||||
24 | facility, cell site, mobile telephone switching office or | ||||||
25 | other equipment or communication service; (2) any person or | ||||||
26 | entity owning or operating any cable television, fiber optic, |
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1 | satellite, telephone, wireless, microwave, radio, data | ||||||
2 | transmission or Internet-based distribution network, system or | ||||||
3 | facility; and (3) any person or entity providing any | ||||||
4 | communication service directly or indirectly by or through any | ||||||
5 | such distribution system, network or facility. | ||||||
6 | "Computer" means a device that accepts, processes, stores, | ||||||
7 | retrieves or outputs data, and includes but is not limited to | ||||||
8 | auxiliary storage and telecommunications devices connected to | ||||||
9 | computers. | ||||||
10 | "Continuing
course of conduct" means a series of acts, and | ||||||
11 | the accompanying
mental state necessary for the crime in | ||||||
12 | question, irrespective
of whether the series of acts are | ||||||
13 | continuous or intermittent. | ||||||
14 | "Delivery container" means any bakery basket of wire or | ||||||
15 | plastic used to transport or store bread or bakery products, | ||||||
16 | any dairy case of wire or plastic used to transport or store | ||||||
17 | dairy products, and any dolly or cart of 2 or 4 wheels used to | ||||||
18 | transport or store any bakery or dairy product. | ||||||
19 | "Document-making implement" means any implement, | ||||||
20 | impression, template, computer file, computer disc, electronic | ||||||
21 | device, computer hardware, computer software, instrument, or | ||||||
22 | device that is used to make a real or fictitious or fraudulent | ||||||
23 | personal identification document. | ||||||
24 | "Financial transaction device" means any of the following: | ||||||
25 | (1) An electronic funds transfer card. | ||||||
26 | (2) A credit card. |
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1 | (3) A debit card. | ||||||
2 | (4) A point-of-sale card. | ||||||
3 | (5) Any instrument, device, card, plate, code, account | ||||||
4 | number, personal identification number, or a record or | ||||||
5 | copy of a code, account number, or personal identification | ||||||
6 | number or other means of access to a credit account or | ||||||
7 | deposit account, or a driver's license or State | ||||||
8 | identification card used to access a proprietary account, | ||||||
9 | other than access originated solely by a paper instrument, | ||||||
10 | that can be used alone or in conjunction with another | ||||||
11 | access device, for any of the following purposes: | ||||||
12 | (A) Obtaining money, cash refund or credit | ||||||
13 | account, credit, goods, services, or any other thing | ||||||
14 | of value. | ||||||
15 | (B) Certifying or guaranteeing to a person or | ||||||
16 | business the availability to the device holder of | ||||||
17 | funds on deposit to honor a draft or check payable to | ||||||
18 | the order of that person or business. | ||||||
19 | (C) Providing the device holder access to a | ||||||
20 | deposit account for the purpose of making deposits, | ||||||
21 | withdrawing funds, transferring funds between deposit | ||||||
22 | accounts, obtaining information pertaining to a | ||||||
23 | deposit account, or making an electronic funds | ||||||
24 | transfer. | ||||||
25 | "Full retail value" means the merchant's stated or | ||||||
26 | advertised price of the merchandise. "Full
retail value" |
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1 | includes the aggregate value of property obtained
from retail | ||||||
2 | thefts committed by the same person as part of a
continuing | ||||||
3 | course of conduct from one or more mercantile
establishments | ||||||
4 | in a single transaction or in separate
transactions over a | ||||||
5 | period of one year. | ||||||
6 | "Internet" means an interactive computer service or system | ||||||
7 | or an information service, system, or access software provider | ||||||
8 | that provides or enables computer access by multiple users to | ||||||
9 | a computer server, and includes, but is not limited to, an | ||||||
10 | information service, system, or access software provider that | ||||||
11 | provides access to a network system commonly known as the | ||||||
12 | Internet, or any comparable system or service and also | ||||||
13 | includes, but is not limited to, a World Wide Web page, | ||||||
14 | newsgroup, message board, mailing list, or chat area on any | ||||||
15 | interactive computer service or system or other online | ||||||
16 | service. | ||||||
17 | "Library card" means a card or plate issued by a library | ||||||
18 | facility for purposes of identifying the person to whom the | ||||||
19 | library card was issued as authorized to borrow library | ||||||
20 | material, subject to all limitations and conditions imposed on | ||||||
21 | the borrowing by the library facility issuing such card. | ||||||
22 | "Library facility" includes any public library or museum, | ||||||
23 | or any library or museum of an educational, historical or | ||||||
24 | eleemosynary institution, organization or society. | ||||||
25 | "Library material" includes any book, plate, picture, | ||||||
26 | photograph, engraving, painting, sculpture, statue, artifact, |
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1 | drawing, map, newspaper, pamphlet, broadside, magazine, | ||||||
2 | manuscript, document, letter, microfilm, sound recording, | ||||||
3 | audiovisual material, magnetic or other tape, electronic data | ||||||
4 | processing record or other documentary, written or printed | ||||||
5 | material regardless of physical form or characteristics, or | ||||||
6 | any part thereof, belonging to, or on loan to or otherwise in | ||||||
7 | the custody of a library facility. | ||||||
8 | "Manufacture or assembly of an unlawful access device" | ||||||
9 | means to make, produce or assemble an unlawful access device | ||||||
10 | or to modify, alter, program or re-program any instrument, | ||||||
11 | device, machine, equipment or software so that it is capable | ||||||
12 | of defeating or circumventing any technology, device or | ||||||
13 | software used by the provider, owner or licensee of a | ||||||
14 | communication service or of any data, audio or video programs | ||||||
15 | or transmissions to protect any such communication, data, | ||||||
16 | audio or video services, programs or transmissions from | ||||||
17 | unauthorized access, acquisition, disclosure, receipt, | ||||||
18 | decryption, communication, transmission or re-transmission. | ||||||
19 | "Manufacture or assembly of an unlawful communication | ||||||
20 | device" means to make, produce or assemble an unlawful | ||||||
21 | communication or wireless device or to modify, alter, program | ||||||
22 | or reprogram a communication or wireless device to be capable | ||||||
23 | of acquiring, disrupting, receiving, transmitting, decrypting, | ||||||
24 | or facilitating the acquisition, disruption, receipt, | ||||||
25 | transmission or decryption of, a communication service without | ||||||
26 | the express consent or express authorization of the |
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1 | communication service provider, or to knowingly assist others | ||||||
2 | in those activities. | ||||||
3 | "Master sound recording" means the original physical | ||||||
4 | object on which a given set of sounds were first recorded and | ||||||
5 | which the original object from which all subsequent sound | ||||||
6 | recordings embodying the same set of sounds are directly or | ||||||
7 | indirectly derived. | ||||||
8 | "Merchandise" means any item of tangible personal | ||||||
9 | property, including motor fuel. | ||||||
10 | "Merchant" means an owner or operator of any retail | ||||||
11 | mercantile establishment or any agent, employee, lessee, | ||||||
12 | consignee, officer, director, franchisee, or independent | ||||||
13 | contractor of the owner or operator. "Merchant" also means a | ||||||
14 | person who receives from an authorized user of a payment card, | ||||||
15 | or someone the person believes to be an authorized user, a | ||||||
16 | payment card or information from a payment card, or what the | ||||||
17 | person believes to be a payment card or information from a | ||||||
18 | payment card, as the instrument for obtaining, purchasing or | ||||||
19 | receiving goods, services, money, or anything else of value | ||||||
20 | from the person. | ||||||
21 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
22 | used to propel a vehicle, including gasoline and diesel. | ||||||
23 | "Online" means the use of any electronic or wireless | ||||||
24 | device to access the Internet. | ||||||
25 | "Online marketplace" means any person or entity that: | ||||||
26 | (1) operates a consumer-directed electronically based |
| |||||||
| |||||||
1 | or accessed platform that includes features that allow | ||||||
2 | for, facilitate, or enable online third-party sellers to | ||||||
3 | engage in the sale, purchase, payment, storage, shipping, | ||||||
4 | or delivery of merchandise in this State and is used by one | ||||||
5 | or more online third-party sellers for such purposes; and | ||||||
6 | (2) has a contractual or similar relationship with | ||||||
7 | consumers governing their use of the platform to purchase | ||||||
8 | merchandise. | ||||||
9 | "Payment card" means a credit card, charge card, debit | ||||||
10 | card, or any other card that is issued to an authorized card | ||||||
11 | user and that allows the user to obtain, purchase, or receive | ||||||
12 | goods, services, money, or anything else of value from a | ||||||
13 | merchant. | ||||||
14 | "Person with a disability" means a person who
suffers from | ||||||
15 | a physical or mental impairment resulting from
disease, | ||||||
16 | injury, functional disorder or congenital condition that | ||||||
17 | impairs the
individual's mental or physical ability to | ||||||
18 | independently manage his or her
property or financial | ||||||
19 | resources, or both. | ||||||
20 | "Personal identification document" means a birth | ||||||
21 | certificate, a driver's license, a State identification card, | ||||||
22 | a public, government, or private employment identification | ||||||
23 | card, a social security card, a firearm owner's identification | ||||||
24 | card, a credit card, a debit card, or a passport issued to or | ||||||
25 | on behalf of a person other than the offender, or any document | ||||||
26 | made or issued, or falsely purported to have been made or |
| |||||||
| |||||||
1 | issued, by or under the authority of the United States | ||||||
2 | Government, the State of Illinois, or any other state | ||||||
3 | political subdivision of any state, or any other governmental | ||||||
4 | or quasi-governmental organization that is of a type intended | ||||||
5 | for the purpose of identification of an individual, or any | ||||||
6 | such document made or altered in a manner that it falsely | ||||||
7 | purports to have been made on behalf of or issued to another | ||||||
8 | person or by the authority of one who did not give that | ||||||
9 | authority. | ||||||
10 | "Personal identifying information" means any of the | ||||||
11 | following information: | ||||||
12 | (1) A person's name. | ||||||
13 | (2) A person's address. | ||||||
14 | (3) A person's date of birth. | ||||||
15 | (4) A person's telephone number. | ||||||
16 | (5) A person's driver's license number or State of | ||||||
17 | Illinois identification card as assigned by the Secretary | ||||||
18 | of State of the State of Illinois or a similar agency of | ||||||
19 | another state. | ||||||
20 | (6) A person's social security number. | ||||||
21 | (7) A person's public, private, or government | ||||||
22 | employer, place of employment, or employment | ||||||
23 | identification number. | ||||||
24 | (8) The maiden name of a person's mother. | ||||||
25 | (9) The number assigned to a person's depository | ||||||
26 | account, savings account, or brokerage account. |
| |||||||
| |||||||
1 | (10) The number assigned to a person's credit or debit | ||||||
2 | card, commonly known as a "Visa Card", "MasterCard", | ||||||
3 | "American Express Card", "Discover Card", or other similar | ||||||
4 | cards whether issued by a financial institution, | ||||||
5 | corporation, or business entity. | ||||||
6 | (11) Personal identification numbers. | ||||||
7 | (12) Electronic identification numbers. | ||||||
8 | (13) Digital signals. | ||||||
9 | (14) User names, passwords, and any other word, | ||||||
10 | number, character or combination of the same usable in | ||||||
11 | whole or part to access information relating to a specific | ||||||
12 | individual, or to the actions taken, communications made | ||||||
13 | or received, or other activities or transactions of a | ||||||
14 | specific individual. | ||||||
15 | (15) Any other numbers or information which can be | ||||||
16 | used to access a person's financial resources, or to | ||||||
17 | identify a specific individual, or the actions taken, | ||||||
18 | communications made or received, or other activities or | ||||||
19 | transactions of a specific individual. | ||||||
20 | "Premises of a retail mercantile establishment" includes, | ||||||
21 | but is not limited to, the retail mercantile establishment; | ||||||
22 | any common use areas in shopping centers; and all parking | ||||||
23 | areas set aside by a merchant or on behalf of a merchant for | ||||||
24 | the parking of vehicles for the convenience of the patrons of | ||||||
25 | such retail mercantile establishment. | ||||||
26 | "Public water, gas, or power supply, or other public |
| |||||||
| |||||||
1 | services" mean any service subject to regulation by the | ||||||
2 | Illinois Commerce Commission; any service furnished by a | ||||||
3 | public utility that is owned and operated by any political | ||||||
4 | subdivision, public institution of higher education or | ||||||
5 | municipal corporation of this State; any service furnished by | ||||||
6 | any public utility that is owned by such political | ||||||
7 | subdivision, public institution of higher education, or | ||||||
8 | municipal corporation and operated by any of its lessees or | ||||||
9 | operating agents; any service furnished by an electric | ||||||
10 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
11 | Act; or wireless service or other service regulated by the | ||||||
12 | Federal Communications Commission. | ||||||
13 | "Publish" means to communicate or disseminate information | ||||||
14 | to any one or more persons, either orally, in person, or by | ||||||
15 | telephone, radio or television or in writing of any kind, | ||||||
16 | including, without limitation, a letter or memorandum, | ||||||
17 | circular or handbill, newspaper or magazine article or book. | ||||||
18 | "Radio frequency identification device" means any | ||||||
19 | implement, computer file, computer disc, electronic device, | ||||||
20 | computer hardware, computer software, or instrument that is | ||||||
21 | used to activate, read, receive, or decode information stored | ||||||
22 | on a RFID tag or transponder attached to a personal | ||||||
23 | identification document. | ||||||
24 | "RFID tag or transponder" means a chip or device that | ||||||
25 | contains personal identifying information from which the | ||||||
26 | personal identifying information can be read or decoded by |
| |||||||
| |||||||
1 | another device emitting a radio frequency that activates or | ||||||
2 | powers a radio frequency emission response from the chip or | ||||||
3 | transponder. | ||||||
4 | "Reencoder" means an electronic device that places encoded | ||||||
5 | information from the magnetic strip or stripe of a payment | ||||||
6 | card onto the magnetic strip or stripe of a different payment | ||||||
7 | card. | ||||||
8 | "Retail mercantile establishment" means any place where | ||||||
9 | merchandise is displayed, held, stored or offered for sale to | ||||||
10 | the public. | ||||||
11 | "Scanning device" means a scanner, reader, or any other | ||||||
12 | electronic device that is used to access, read, scan, obtain, | ||||||
13 | memorize, or store, temporarily or permanently, information | ||||||
14 | encoded on the magnetic strip or stripe of a payment card. | ||||||
15 | "Shopping cart" means those push carts of the type or | ||||||
16 | types which are commonly provided by grocery stores, drug | ||||||
17 | stores or other retail mercantile establishments for the use | ||||||
18 | of the public in transporting commodities in stores and | ||||||
19 | markets and, incidentally, from the stores to a place outside | ||||||
20 | the store. | ||||||
21 | "Sound or audio visual recording" means any sound or audio | ||||||
22 | visual phonograph record, disc, pre-recorded tape, film, wire, | ||||||
23 | magnetic tape or other object, device or medium, now known or | ||||||
24 | hereafter invented, by which sounds or images may be | ||||||
25 | reproduced with or without the use of any additional machine, | ||||||
26 | equipment or device. |
| |||||||
| |||||||
1 | "Stored value card" means any card, gift card, instrument, | ||||||
2 | or device issued with or without fee for the use of the | ||||||
3 | cardholder to obtain money, goods, services, or anything else | ||||||
4 | of value. Stored value cards include, but are not limited to, | ||||||
5 | cards issued for use as a stored value card or gift card, and | ||||||
6 | an account identification number or symbol used to identify a | ||||||
7 | stored value card. "Stored value card" does not include a | ||||||
8 | prepaid card usable at multiple, unaffiliated merchants or at | ||||||
9 | automated teller machines, or both. "Stored value card" shall | ||||||
10 | only apply to Section 16-25.1 of this Act. | ||||||
11 | "Theft detection device remover" means any tool or device | ||||||
12 | specifically designed and intended to be used to remove any | ||||||
13 | theft detection device from any merchandise. | ||||||
14 | "Under-ring" means to cause the cash register or other | ||||||
15 | sales recording device to reflect less than the full retail | ||||||
16 | value of the merchandise. | ||||||
17 | "Unidentified sound or audio visual recording" means a | ||||||
18 | sound or audio visual recording without the actual name and | ||||||
19 | full and correct street address of the manufacturer, and the | ||||||
20 | name of the actual performers or groups prominently and | ||||||
21 | legibly printed on the outside cover or jacket and on the label | ||||||
22 | of such sound or audio visual recording. | ||||||
23 | "Unlawful access device" means any type of instrument, | ||||||
24 | device, machine, equipment, technology, or software which is | ||||||
25 | primarily possessed, used, designed, assembled, manufactured, | ||||||
26 | sold, distributed or offered, promoted or advertised for the |
| |||||||
| |||||||
1 | purpose of defeating or circumventing any technology, device | ||||||
2 | or software, or any component or part thereof, used by the | ||||||
3 | provider, owner or licensee of any communication service or of | ||||||
4 | any data, audio or video programs or transmissions to protect | ||||||
5 | any such communication, audio or video services, programs or | ||||||
6 | transmissions from unauthorized access, acquisition, receipt, | ||||||
7 | decryption, disclosure, communication, transmission or | ||||||
8 | re-transmission. | ||||||
9 | "Unlawful communication device" means any electronic | ||||||
10 | serial number, mobile identification number, personal | ||||||
11 | identification number or any communication or wireless device | ||||||
12 | that is capable of acquiring or facilitating the acquisition | ||||||
13 | of a communication service without the express consent or | ||||||
14 | express authorization of the communication service provider, | ||||||
15 | or that has been altered, modified, programmed or | ||||||
16 | reprogrammed, alone or in conjunction with another | ||||||
17 | communication or wireless device or other equipment, to so | ||||||
18 | acquire or facilitate the unauthorized acquisition of a | ||||||
19 | communication service. "Unlawful communication device" also | ||||||
20 | means: | ||||||
21 | (1) any phone altered to obtain service without the | ||||||
22 | express consent or express authorization of the | ||||||
23 | communication service provider, tumbler phone, counterfeit | ||||||
24 | or clone phone, tumbler microchip, counterfeit or clone | ||||||
25 | microchip, scanning receiver of wireless communication | ||||||
26 | service or other instrument capable of disguising its |
| |||||||
| |||||||
1 | identity or location or of gaining unauthorized access to | ||||||
2 | a communications or wireless system operated by a | ||||||
3 | communication service provider; and | ||||||
4 | (2) any communication or wireless device which is | ||||||
5 | capable of, or has been altered, designed, modified, | ||||||
6 | programmed or reprogrammed, alone or in conjunction with | ||||||
7 | another communication or wireless device or devices, so as | ||||||
8 | to be capable of, facilitating the disruption, | ||||||
9 | acquisition, receipt, transmission or decryption of a | ||||||
10 | communication service without the express consent or | ||||||
11 | express authorization of the communication service | ||||||
12 | provider, including, but not limited to, any device, | ||||||
13 | technology, product, service, equipment, computer software | ||||||
14 | or component or part thereof, primarily distributed, sold, | ||||||
15 | designed, assembled, manufactured, modified, programmed, | ||||||
16 | reprogrammed or used for the purpose of providing the | ||||||
17 | unauthorized receipt of, transmission of, disruption of, | ||||||
18 | decryption of, access to or acquisition of any | ||||||
19 | communication service provided by any communication | ||||||
20 | service provider. | ||||||
21 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
22 | implement that is self-propelled and that uses motor fuel for | ||||||
23 | propulsion. | ||||||
24 | "Wireless device" includes any type of instrument, device, | ||||||
25 | machine, or
equipment that is capable of transmitting or | ||||||
26 | receiving telephonic, electronic
or
radio communications, or |
| |||||||
| |||||||
1 | any part of such instrument, device, machine, or
equipment, or | ||||||
2 | any computer circuit, computer chip, electronic mechanism, or
| ||||||
3 | other component that is capable of facilitating the | ||||||
4 | transmission or reception
of telephonic, electronic, or radio | ||||||
5 | communications.
| ||||||
6 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. | ||||||
7 | 1-1-12; 97-1109, eff. 1-1-13.) | ||||||
8 | (720 ILCS 5/16-25.1 new) | ||||||
9 | Sec. 16-25.1. Organized retail crime. | ||||||
10 | (a) A person commits organized retail crime when that | ||||||
11 | individual, in concert with another individual or any group of | ||||||
12 | individuals, knowingly does any of the following: | ||||||
13 | (1) engages in conduct in which one or more of the | ||||||
14 | following apply: | ||||||
15 | (A) commits the act of retail theft from one or | ||||||
16 | more retail mercantile establishments, if the | ||||||
17 | aggregate value of the merchandise exceeds $300, and | ||||||
18 | has the intent or purpose of reselling the merchandise | ||||||
19 | or otherwise having the merchandise reenter the stream | ||||||
20 | of commerce, including the transfer of the merchandise | ||||||
21 | to another retail mercantile establishment or to any | ||||||
22 | other individual personally, through the mail, or | ||||||
23 | through any electronic medium, including the Internet | ||||||
24 | or online marketplace, in exchange for anything of | ||||||
25 | value; |
| |||||||
| |||||||
1 | (B) commits the act of retail theft from one or | ||||||
2 | more retail mercantile establishments, and in the | ||||||
3 | course of or in furtherance of such crime or flight | ||||||
4 | therefrom: | ||||||
5 | (i) the individual assaults another on the | ||||||
6 | premises of the retail mercantile establishment; | ||||||
7 | or | ||||||
8 | (ii) the individual destroys, damages, or | ||||||
9 | defaces the property of the retail mercantile | ||||||
10 | establishment; or | ||||||
11 | (C) commits the theft of the merchandise while the | ||||||
12 | merchandise is in transit from the manufacturer to the | ||||||
13 | retail mercantile establishment and has the intent to | ||||||
14 | resell that merchandise. | ||||||
15 | (2) recruits, organizes, supervises, finances, or | ||||||
16 | otherwise manages or directs another individual in | ||||||
17 | engaging in conduct described in paragraph (1); | ||||||
18 | (3) conspires with another individual to engage in | ||||||
19 | conduct described in paragraph (1); | ||||||
20 | (4) obtains control over property for sale or resale | ||||||
21 | knowing the property to have been stolen or under such | ||||||
22 | circumstances as would reasonably induce the individual to | ||||||
23 | believe that the property was stolen; | ||||||
24 | (5) obtains or exerts control over property in the | ||||||
25 | custody of any law enforcement agency that any law | ||||||
26 | enforcement officer or any individual acting on behalf of |
| |||||||
| |||||||
1 | a law enforcement agency explicitly represents to the | ||||||
2 | person as being stolen or represents to the person such | ||||||
3 | circumstances as would reasonably induce the person to | ||||||
4 | believe that the property was stolen, and: | ||||||
5 | (A) intends to deprive the owner permanently of | ||||||
6 | the use or benefit of the property; or | ||||||
7 | (B) knowingly uses, conceals, or abandons the | ||||||
8 | property in such a manner as to deprive the owner | ||||||
9 | permanently of the use or benefit of the property; or | ||||||
10 | (C) uses, conceals, or abandons the property | ||||||
11 | knowing such use, concealment, or abandonment probably | ||||||
12 | will deprive the owner permanently of the use or | ||||||
13 | benefit of the property; | ||||||
14 | (6) purchases a wireless telecommunication device | ||||||
15 | using fraudulent credit or procures a wireless | ||||||
16 | telecommunications service agreement with the intent to | ||||||
17 | defraud another individual or to breach that agreement, or | ||||||
18 | uses another individual to obtain a wireless | ||||||
19 | telecommunications service agreement with the intent to | ||||||
20 | defraud another individual or to breach that agreement; | ||||||
21 | (7) receives, possesses, or purchases any merchandise | ||||||
22 | or stored value cards obtained from a fraudulent return | ||||||
23 | with the knowledge that the property was obtained in | ||||||
24 | violation of this Section or Section 16-25; | ||||||
25 | (8) removes, destroys, deactivates, or knowingly | ||||||
26 | evades any component of an anti-shoplifting or inventory |
| |||||||
| |||||||
1 | control device to prevent the activation of that device to | ||||||
2 | aid one or more individuals in engaging in conduct | ||||||
3 | described in paragraph (1); | ||||||
4 | (9) uses any artifice, instrument, container, device, | ||||||
5 | or other article to aid one or more individuals in | ||||||
6 | engaging in conduct described in paragraph (1); | ||||||
7 | (10) causes an emergency alarm to sound or otherwise | ||||||
8 | activates, deactivates, or prevents an emergency alarm | ||||||
9 | from sounding to aid one or more individuals in engaging | ||||||
10 | in conduct described in subparagraph (A) or (C) of | ||||||
11 | paragraph (1); or | ||||||
12 | (11) damages, destroys, or defaces the property of a | ||||||
13 | retail mercantile establishment while engaging in conduct | ||||||
14 | described in paragraph (1). | ||||||
15 | (b) In a prosecution under paragraph (7) of subsection | ||||||
16 | (a), the trier of fact may infer from the defendant's receipt, | ||||||
17 | possession, or purchase of 10 or more stored value cards and | ||||||
18 | the aggregate value of the stored value cards exceeds $300 in a | ||||||
19 | 14-day period from the same individual or merchant that the | ||||||
20 | property was obtained in violation of this Section or Section | ||||||
21 | 16-25. | ||||||
22 | (c) If acts or omissions constituting any part of the | ||||||
23 | commission of the charged offense under this Section occurred | ||||||
24 | in more than one county, each county has concurrent venue. If | ||||||
25 | the charged offenses under this Section occurred in more than | ||||||
26 | one county, the counties may join the offenses in a single |
| |||||||
| |||||||
1 | criminal pleading and have concurrent venue as to all charged | ||||||
2 | offenses. When counties have concurrent venue, the first | ||||||
3 | county in which a criminal complaint, information, or | ||||||
4 | indictment is issued in the case becomes the county with | ||||||
5 | exclusive venue. A violation of organized retail crime may be | ||||||
6 | investigated, indicted, and prosecuted pursuant to the | ||||||
7 | Statewide Grand Jury Act. | ||||||
8 | (d) Sentence. A violation of subdivision (1)(A), | ||||||
9 | (1)(B)(i), or (1)(C) or paragraph (3), (4), or (5) of | ||||||
10 | subsection (a) of this Section is a Class 3 felony. A violation | ||||||
11 | of paragraph (6) or (7) of subsection (a) is a Class 4 felony. | ||||||
12 | A violation of subdivision (1)(B)(ii) or paragraph (2), (8), | ||||||
13 | (9), (10), or (11) of subsection (a) is a Class 2 felony. | ||||||
14 | (720 ILCS 5/16-25.2 new) | ||||||
15 | Sec. 16-25.2. Retail loss prevention report and notice | ||||||
16 | requirements. | ||||||
17 | (a) A retail mercantile establishment that is a victim of | ||||||
18 | a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall | ||||||
19 | have the right: | ||||||
20 | (1) to timely notification of all court proceedings as | ||||||
21 | defined under subsection (e) of Section 3 of the Rights of | ||||||
22 | Crime Victims and Witnesses Act. Timely notice shall | ||||||
23 | include 7 days' notice of any court proceedings. Timely | ||||||
24 | notice shall be sent to the location of the retail | ||||||
25 | mercantile establishment where the violation occurred and |
| |||||||
| |||||||
1 | to the point of contact as provided by the retail | ||||||
2 | mercantile establishment. The point of contact may be any | ||||||
3 | employee of the retail mercantile establishment or | ||||||
4 | representative as provided by the retail mercantile | ||||||
5 | establishment; | ||||||
6 | (2) to communicate with the prosecution; | ||||||
7 | (3) to be reasonably heard at any post-arraignment | ||||||
8 | court proceeding in which a right of the victim is at issue | ||||||
9 | and any court proceeding involving a post-arraignment | ||||||
10 | release decision, plea, or sentencing; | ||||||
11 | (4) to be notified of the conviction, the sentence, | ||||||
12 | the imprisonment, and the release of the accused; and | ||||||
13 | (5) to have present at all court proceedings subject | ||||||
14 | to the rules of evidence an advocate of the retail | ||||||
15 | mercantile establishment's choice. | ||||||
16 | (b) Unless a retail mercantile establishment refuses to | ||||||
17 | file a report regarding the incident, the law enforcement | ||||||
18 | agency having jurisdiction shall file a report concerning the | ||||||
19 | incident with the State's Attorney. No law enforcement agent | ||||||
20 | shall discourage or attempt to discourage a retail mercantile | ||||||
21 | establishment from filing a police report concerning the | ||||||
22 | incident. Upon the request of the retail mercantile | ||||||
23 | establishment, the law enforcement agency having jurisdiction | ||||||
24 | shall provide a free copy of the police report concerning the | ||||||
25 | incident, as soon as practicable, but in no event later than 5 | ||||||
26 | business days after the request. The Illinois Law Enforcement |
| |||||||
| |||||||
1 | Training Standards Board shall not consider any allegation of | ||||||
2 | a violation of this subsection that is contained in a | ||||||
3 | complaint made under Section 1-35 of the Police and Community | ||||||
4 | Relations Improvement Act. | ||||||
5 | (720 ILCS 5/17-37) | ||||||
6 | Sec. 17-37. Use of credit or debit card with intent to | ||||||
7 | defraud. | ||||||
8 | (a) A cardholder who uses a credit card or debit card | ||||||
9 | issued to
him or her, or allows another person to use a credit | ||||||
10 | card or debit card issued
to him or her, with intent to defraud | ||||||
11 | the
issuer, or a person providing an item or items of value, or | ||||||
12 | any other person is guilty of a Class A
misdemeanor if the | ||||||
13 | value of all items of value does not exceed $150 in any 6-month | ||||||
14 | period;
and is guilty of a Class 4 felony if the value exceeds | ||||||
15 | $150 in
any 6-month period.
| ||||||
16 | (b) Where an investigation into an intent to defraud under | ||||||
17 | subsection (a) occurs, issuers shall consider a merchant's | ||||||
18 | timely submission of compelling evidence under the applicable | ||||||
19 | dispute management guidelines of the card association with | ||||||
20 | whom the merchant maintains an agreement. A merchant shall | ||||||
21 | comply with merchant responsibilities under any such | ||||||
22 | agreement. | ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
24 | Section 2-10. The Statewide Grand Jury Act is amended by |
| |||||||
| |||||||
1 | changing Sections 2, 3, and 4 as follows:
| ||||||
2 | (725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||||||
3 | Sec. 2.
(a) County grand juries and State's Attorneys have | ||||||
4 | always had
and
shall continue to have primary responsibility | ||||||
5 | for investigating, indicting,
and prosecuting persons who | ||||||
6 | violate the criminal laws of the State of
Illinois. However, | ||||||
7 | in recent years organized terrorist activity directed
against | ||||||
8 | innocent civilians and certain criminal enterprises have
| ||||||
9 | developed that require investigation, indictment, and | ||||||
10 | prosecution on a
statewide or multicounty level. The criminal | ||||||
11 | enterprises exist
as a result of the
allure of profitability | ||||||
12 | present in narcotic activity, the unlawful sale and
transfer | ||||||
13 | of firearms, and streetgang related felonies and organized | ||||||
14 | terrorist
activity is supported by the contribution of money | ||||||
15 | and expert assistance from
geographically diverse sources. In
| ||||||
16 | order to shut off the life blood of terrorism and
weaken or | ||||||
17 | eliminate the criminal enterprises, assets, and
property
used | ||||||
18 | to further these offenses must be frozen, and any profit must | ||||||
19 | be
removed. State
statutes exist that can accomplish that | ||||||
20 | goal. Among them are the offense of
money laundering, | ||||||
21 | violations
of Article 29D of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, | ||||||
23 | and gunrunning. Local prosecutors need
investigative personnel | ||||||
24 | and specialized training to attack and eliminate these
| ||||||
25 | profits. In light of the transitory and complex nature of |
| |||||||
| |||||||
1 | conduct that
constitutes these criminal activities, the many | ||||||
2 | diverse property interests that
may be used, acquired directly | ||||||
3 | or indirectly as a result of these criminal
activities, and | ||||||
4 | the many places that illegally obtained property may be
| ||||||
5 | located, it is the purpose of this Act to create a limited, | ||||||
6 | multicounty
Statewide Grand Jury with authority to | ||||||
7 | investigate, indict, and prosecute:
narcotic activity, | ||||||
8 | including cannabis and controlled substance trafficking,
| ||||||
9 | narcotics racketeering, money laundering, violations of the | ||||||
10 | Cannabis
and
Controlled Substances Tax Act, and violations of | ||||||
11 | Article 29D of the Criminal
Code of 1961 or the Criminal Code | ||||||
12 | of 2012; the unlawful sale and transfer of firearms;
| ||||||
13 | gunrunning; and streetgang related felonies.
| ||||||
14 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
15 | and prosecute
violations facilitated by the use of a computer | ||||||
16 | of any of
the
following offenses: indecent solicitation of a | ||||||
17 | child, sexual exploitation of a
child, soliciting for a | ||||||
18 | juvenile prostitute, keeping a place of juvenile
prostitution, | ||||||
19 | juvenile pimping, child pornography, aggravated child | ||||||
20 | pornography, or promoting juvenile prostitution except as | ||||||
21 | described in subdivision (a)(4) of Section 11-14.4 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
23 | (c) A Statewide Grand Jury may also investigate, indict, | ||||||
24 | and prosecute violations of organized retail crime. | ||||||
25 | (Source: P.A. 101-593, eff. 12-4-19.)
|
| |||||||
| |||||||
1 | (725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||||||
2 | Sec. 3. Written application for the appointment of a | ||||||
3 | Circuit
Judge to convene and preside over a Statewide Grand | ||||||
4 | Jury, with jurisdiction
extending throughout the State, shall | ||||||
5 | be made to the Chief Justice of the
Supreme Court. Upon such | ||||||
6 | written application, the Chief Justice of the
Supreme Court | ||||||
7 | shall appoint a Circuit Judge from the circuit where the
| ||||||
8 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
9 | make a
determination that the convening of a Statewide Grand | ||||||
10 | Jury is necessary.
| ||||||
11 | In such application the Attorney General shall state that | ||||||
12 | the convening
of a Statewide Grand Jury is necessary because | ||||||
13 | of an alleged offense or
offenses set forth in this Section | ||||||
14 | involving more than one county of the
State and identifying | ||||||
15 | any such offense alleged; and
| ||||||
16 | (a) that he or she believes that the grand jury | ||||||
17 | function for the
investigation and indictment of the | ||||||
18 | offense or offenses cannot effectively be
performed by a | ||||||
19 | county grand jury together with the reasons for such
| ||||||
20 | belief, and
| ||||||
21 | (b)(1) that each State's Attorney with jurisdiction | ||||||
22 | over an offense
or offenses to be investigated has | ||||||
23 | consented to the impaneling of the
Statewide Grand Jury, | ||||||
24 | or
| ||||||
25 | (2) if one or more of the State's Attorneys having | ||||||
26 | jurisdiction over
an offense or offenses to be |
| |||||||
| |||||||
1 | investigated fails to consent to the impaneling
of the | ||||||
2 | Statewide Grand Jury, the Attorney General shall set forth | ||||||
3 | good cause
for impaneling the Statewide Grand Jury.
| ||||||
4 | If the Circuit Judge determines that the convening of a | ||||||
5 | Statewide Grand
Jury is necessary, he or she shall convene and | ||||||
6 | impanel the Statewide Grand
Jury with jurisdiction extending | ||||||
7 | throughout the State to investigate and
return indictments:
| ||||||
8 | (a) For violations of any of the following or for any | ||||||
9 | other criminal
offense committed in the course of | ||||||
10 | violating any of the following: Article
29D of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, the
| ||||||
12 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
13 | Act, the Methamphetamine Control and Community Protection | ||||||
14 | Act, or the Narcotics
Profit Forfeiture Act; a
streetgang | ||||||
15 | related felony offense; Section 16-25.1, 24-2.1, 24-2.2, | ||||||
16 | 24-3, 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or | ||||||
17 | subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
| ||||||
18 | 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012; or a money
laundering | ||||||
20 | offense; provided that the violation or offense involves | ||||||
21 | acts
occurring in more than one county of this State; and
| ||||||
22 | (a-5) For violations facilitated by the use of a | ||||||
23 | computer, including
the use of the Internet, the World | ||||||
24 | Wide Web, electronic mail, message board,
newsgroup, or | ||||||
25 | any other commercial or noncommercial on-line service, of | ||||||
26 | any of
the following offenses: indecent solicitation of a |
| |||||||
| |||||||
1 | child, sexual exploitation
of a child, soliciting for a | ||||||
2 | juvenile prostitute, keeping a place of juvenile
| ||||||
3 | prostitution, juvenile pimping, child pornography, | ||||||
4 | aggravated child pornography, or promoting juvenile | ||||||
5 | prostitution except as described in subdivision (a)(4) of | ||||||
6 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012; and
| ||||||
8 | (b) For the offenses of perjury, subornation of | ||||||
9 | perjury, communicating
with jurors and witnesses, and | ||||||
10 | harassment of jurors and witnesses, as they
relate to | ||||||
11 | matters before the Statewide Grand Jury.
| ||||||
12 | "Streetgang related" has the meaning ascribed to it in | ||||||
13 | Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||||||
14 | Prevention Act.
| ||||||
15 | Upon written application by the Attorney General for the | ||||||
16 | convening of an
additional Statewide Grand Jury, the Chief | ||||||
17 | Justice of the Supreme Court shall
appoint a Circuit Judge | ||||||
18 | from the circuit for which the additional Statewide
Grand Jury | ||||||
19 | is sought. The Circuit Judge shall determine the necessity for
| ||||||
20 | an additional Statewide Grand Jury in accordance with the | ||||||
21 | provisions of this
Section. No more than 2 Statewide Grand | ||||||
22 | Juries may be empaneled at any time.
| ||||||
23 | (Source: P.A. 101-593, eff. 12-4-19.)
| ||||||
24 | (725 ILCS 215/4) (from Ch. 38, par. 1704)
| ||||||
25 | Sec. 4.
(a) The presiding judge of the Statewide Grand |
| |||||||
| |||||||
1 | Jury will
receive recommendations from the Attorney General as | ||||||
2 | to the county in which
the Grand Jury will sit. Prior to making | ||||||
3 | the recommendations, the Attorney
General shall obtain the | ||||||
4 | permission of the local State's Attorney to use
his or her | ||||||
5 | county for the site of the Statewide Grand Jury. Upon | ||||||
6 | receiving
the Attorney General's recommendations, the | ||||||
7 | presiding judge will choose one
of those recommended locations | ||||||
8 | as the site where the Grand Jury shall sit.
| ||||||
9 | Any indictment by a Statewide Grand Jury shall be returned | ||||||
10 | to the
Circuit Judge presiding over the Statewide Grand Jury | ||||||
11 | and shall include a
finding as to the county or counties in | ||||||
12 | which the alleged offense was
committed. Thereupon, the judge | ||||||
13 | shall, by order, designate the county of
venue for the purpose | ||||||
14 | of trial. The judge may also, by order, direct the
| ||||||
15 | consolidation of an indictment returned by a county grand jury | ||||||
16 | with an
indictment returned by the Statewide Grand Jury and | ||||||
17 | set venue for trial.
| ||||||
18 | (b) Venue for purposes of trial for the offense of | ||||||
19 | narcotics
racketeering shall be proper in any county where:
| ||||||
20 | (1) Cannabis or a controlled substance which is the | ||||||
21 | basis for the charge
of narcotics racketeering was used; | ||||||
22 | acquired; transferred or distributed
to, from or through; | ||||||
23 | or any county where any act was performed to further
the | ||||||
24 | use; acquisition, transfer or distribution of said | ||||||
25 | cannabis or
controlled substance; or
| ||||||
26 | (2) Any money, property, property interest, or any |
| |||||||
| |||||||
1 | other asset generated
by narcotics activities was | ||||||
2 | acquired, used, sold, transferred or
distributed to, from | ||||||
3 | or through; or,
| ||||||
4 | (3) Any enterprise interest obtained as a result of | ||||||
5 | narcotics
racketeering was acquired, used, transferred or | ||||||
6 | distributed to, from or
through, or where any activity was | ||||||
7 | conducted by the enterprise or any
conduct to further the | ||||||
8 | interests of such an enterprise.
| ||||||
9 | (c) Venue for purposes of trial for the offense of money | ||||||
10 | laundering
shall be proper in any county where any part of a | ||||||
11 | financial transaction in
criminally derived property took | ||||||
12 | place, or in any county where any money or
monetary interest | ||||||
13 | which is the basis for the offense, was acquired, used,
sold, | ||||||
14 | transferred or distributed to, from, or through.
| ||||||
15 | (d) A person who commits the offense of cannabis | ||||||
16 | trafficking or
controlled substance trafficking may be tried | ||||||
17 | in any county.
| ||||||
18 | (e) Venue for purposes of trial for any violation of | ||||||
19 | Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 may be in the county in which an act of terrorism | ||||||
21 | occurs,
the county in which material support or resources are | ||||||
22 | provided or solicited,
the county in which criminal assistance | ||||||
23 | is rendered, or any county in which any
act in furtherance of | ||||||
24 | any violation of Article 29D of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012
occurs.
| ||||||
26 | (f) Venue for purposes of trial for the offense of |
| |||||||
| |||||||
1 | organized retail crime shall be proper in any county where: | ||||||
2 | (1) any property, property interest, asset, money, or | ||||||
3 | thing of value that is the basis for the charge of | ||||||
4 | organized retail crime was used, acquired, transferred, or | ||||||
5 | distributed to, from, or through; or any county where any | ||||||
6 | act was performed to further the use, acquisition, | ||||||
7 | transfer, or distribution of the property, property | ||||||
8 | interest, asset, money, or thing or value; or | ||||||
9 | (2) any enterprise interest obtained as a result of | ||||||
10 | organized retail crime was acquired, used, transferred, or | ||||||
11 | distributed to, from, or through, or where any activity | ||||||
12 | was conducted by the enterprise or any conduct to further | ||||||
13 | the interests of such an enterprise. | ||||||
14 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
15 | Article 99. | ||||||
16 | Section 99-99. Effective date. This Act takes effect upon | ||||||
17 | becoming law, except that Article 1 of this Act takes effect | ||||||
18 | January 1, 2023.".
|