Illinois General Assembly - Bill Status for SB1631
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 Bill Status of SB1631  102nd General Assembly


Short Description:  COUNTERFEIT TRADEMARK-RETAIL

Senate Sponsors
Sen. Ira I. Silverstein - Dale A. Righter - Kirk W. Dillard - Linda Holmes - A. J. Wilhelmi, William R. Haine, Martin A. Sandoval and Randall M. Hultgren

House Sponsors
(Rep. Lou Lang - Michael G. Connelly - Chapin Rose - Al Riley)

Last Action
DateChamber Action
  8/24/2009SenatePublic Act . . . . . . . . . 96-0631

Statutes Amended In Order of Appearance
765 ILCS 1040/1from Ch. 140, par. 23
765 ILCS 1040/2from Ch. 140, par. 24
765 ILCS 1040/3from Ch. 140, par. 25
765 ILCS 1040/4from Ch. 140, par. 26
765 ILCS 1040/8
765 ILCS 1040/9


Synopsis As Introduced
Amends the Counterfeit Trademark Act. Defines counterfeit mark as a spurious mark that is applied to or used with any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation on packaging or any other components that are designed, marketed, or used with any goods or services that is identical or substantially indistinguishable from a registered mark whether or not the defendant knew the mark was registered and the application or use of the mark is likely to cause confusion or mistake or to deceive. Deletes provision that states that a "mark" includes any trademark or service mark whether registered or not. Provides that a "trademark" means anything adopted and used by a person to identify goods which distinguishes them from other goods and registered in Illinois, another state, or with the U.S. Patent and Trademark Office (instead of identify goods which distinguishes them from other goods). Provides definitions of "retail value", "bodily injury", and "serious bodily injury". Provides that a person who knowingly offers or sells counterfeit items having a retail value is guilty of a crime and increases the class of criminal offenses and the fines for those offenses. Provides that a peace officer shall (instead of may) upon probable cause seize any counterfeit items, counterfeit marks, or any component (instead of goods, wares, merchandise, or other product that has a counterfeit mark) and shall, upon probable cause, seize any proceeds from an Act violation.

House Floor Amendment No. 1
Deletes reference to:
765 ILCS 1040/4

Further amends the Counterfeit Trademark Act. Provides that a person who sells or uses fewer than 100 counterfeit items is guilty of a Class A misdemeanor, except as follows: a person with a prior conviction under the Act within the last 5 years is guilty of a Class 4 felony; a person who, as a result of the offense, causes bodily harm is guilty of a Class 3 felony; and a person who, as a result of the offense, causes serious bodily harm to, or the death of, another is guilty of a Class 2 felony (instead of except that a person with a prior conviction under the Act within the last 5 years is guilty of a Class 4 felony). Provides that a person who sells or uses 100 or more but fewer than 500 counterfeit items is guilty of a Class 3 felony (instead of Class A misdemeanor), except as follows: a person who has a prior conviction under the Act within the last 5 years is guilty of a Class 2 felony; and a person who, as a result of the offense, causes serious bodily harm to, or the death of, another is guilty of a Class 2 felony (instead of except that a person who has a prior conviction under the Act within the last 5 years is guilty of a Class 4 felony). Provides that a state or federal certificate of registration of trademark is prima facie evidence of the facts stated therein.

House Floor Amendment No. 2
Further amends the Counterfeit Trademark Act. Deletes definitions of "bodily harm" and "serious bodily harm".

Actions 
DateChamber Action
  2/19/2009SenateFiled with Secretary by Sen. Ira I. Silverstein
  2/19/2009SenateFirst Reading
  2/19/2009SenateReferred to Assignments
  2/25/2009SenateAdded as Co-Sponsor Sen. William R. Haine
  2/25/2009SenateAssigned to Consumer Protection
  2/26/2009SenateAdded as Chief Co-Sponsor Sen. Dale A. Righter
  3/6/2009SenatePostponed - Consumer Protection
  3/12/2009SenateDo Pass Consumer Protection; 009-000-000
  3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009
  3/18/2009SenateAdded as Chief Co-Sponsor Sen. Kirk W. Dillard
  3/24/2009SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  3/24/2009SenateAdded as Chief Co-Sponsor Sen. A. J. Wilhelmi
  4/1/2009SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  4/1/2009SenateAdded as Co-Sponsor Sen. Randall M. Hultgren
  4/1/2009SenateThird Reading - Passed; 056-000-000
  4/1/2009HouseArrived in House
  4/1/2009HousePlaced on Calendar Order of First Reading
  4/1/2009HouseChief House Sponsor Rep. Lou Lang
  4/1/2009HouseAdded Alternate Chief Co-Sponsor Rep. Michael G. Connelly
  4/1/2009HouseAdded Alternate Chief Co-Sponsor Rep. Chapin Rose
  4/1/2009HouseFirst Reading
  4/1/2009HouseReferred to Rules Committee
  4/14/2009HouseAssigned to Judiciary I - Civil Law Committee
  4/22/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000
  4/22/2009HousePlaced on Calendar 2nd Reading - Short Debate
  4/23/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang
  4/23/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/28/2009HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  4/30/2009HouseSecond Reading - Short Debate
  4/30/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  4/30/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang
  4/30/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/11/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/12/2009HouseSecond Reading - Short Debate
  5/12/2009HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/12/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/12/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2009HouseThird Reading - Short Debate - Passed 110-000-000
  5/14/2009HouseAdded Alternate Chief Co-Sponsor Rep. Al Riley
  5/15/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/15/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 17, 2009
  5/19/2009SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/19/2009SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/19/2009SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein
  5/19/2009SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/22/2009SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Consumer Protection
  5/22/2009SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Consumer Protection
  5/26/2009SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Consumer Protection; 006-000-000
  5/26/2009SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Consumer Protection; 006-000-000
  5/27/2009SenateHouse Floor Amendment No. 1 Senate Concurs 056-000-000
  5/27/2009SenateHouse Floor Amendment No. 2 Senate Concurs 056-000-000
  5/27/2009SenatePassed Both Houses
  6/25/2009SenateSent to the Governor
  8/24/2009SenateGovernor Approved
  8/24/2009SenateEffective Date January 1, 2010
  8/24/2009SenatePublic Act . . . . . . . . . 96-0631

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