Illinois General Assembly - Full Text of HB1656
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Full Text of HB1656  101st General Assembly




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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 16-0.1 as follows:
6    (720 ILCS 5/16-0.1)
7    Sec. 16-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise, the following terms are
9defined as indicated:
10    "Access" means to use, instruct, communicate with, store
11data in, retrieve or intercept data from, or otherwise utilize
12any services of a computer.
13    "Coin-operated machine" includes any automatic vending
14machine or any part thereof, parking meter, coin telephone,
15coin-operated transit turnstile, transit fare box, coin
16laundry machine, coin dry cleaning machine, amusement machine,
17music machine, vending machine dispensing goods or services, or
18money changer.
19    "Communication device" means any type of instrument,
20device, machine, or equipment which is capable of transmitting,
21acquiring, decrypting, or receiving any telephonic,
22electronic, data, Internet access, audio, video, microwave, or
23radio transmissions, signals, communications, or services,



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1including the receipt, acquisition, transmission, or
2decryption of all such communications, transmissions, signals,
3or services provided by or through any cable television, fiber
4optic, telephone, satellite, microwave, radio, Internet-based,
5data transmission, or wireless distribution network, system or
6facility; or any part, accessory, or component thereof,
7including any computer circuit, security module, smart card,
8software, computer chip, electronic mechanism or other
9component, accessory or part of any communication device which
10is capable of facilitating the transmission, decryption,
11acquisition or reception of all such communications,
12transmissions, signals, or services.
13    "Communication service" means any service lawfully
14provided for a charge or compensation to facilitate the lawful
15origination, transmission, emission, or reception of signs,
16signals, data, writings, images, and sounds or intelligence of
17any nature by telephone, including cellular telephones or a
18wire, wireless, radio, electromagnetic, photo-electronic or
19photo-optical system; and also any service lawfully provided by
20any radio, telephone, cable television, fiber optic,
21satellite, microwave, Internet-based or wireless distribution
22network, system, facility or technology, including, but not
23limited to, any and all electronic, data, video, audio,
24Internet access, telephonic, microwave and radio
25communications, transmissions, signals and services, and any
26such communications, transmissions, signals and services



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1lawfully provided directly or indirectly by or through any of
2those networks, systems, facilities or technologies.
3    "Communication service provider" means: (1) any person or
4entity providing any communication service, whether directly
5or indirectly, as a reseller, including, but not limited to, a
6cellular, paging or other wireless communications company or
7other person or entity which, for a fee, supplies the facility,
8cell site, mobile telephone switching office or other equipment
9or communication service; (2) any person or entity owning or
10operating any cable television, fiber optic, satellite,
11telephone, wireless, microwave, radio, data transmission or
12Internet-based distribution network, system or facility; and
13(3) any person or entity providing any communication service
14directly or indirectly by or through any such distribution
15system, network or facility.
16    "Computer" means a device that accepts, processes, stores,
17retrieves or outputs data, and includes but is not limited to
18auxiliary storage and telecommunications devices connected to
20    "Continuing course of conduct" means a series of acts, and
21the accompanying mental state necessary for the crime in
22question, irrespective of whether the series of acts are
23continuous or intermittent.
24    "Delivery container" means any bakery basket of wire or
25plastic used to transport or store bread or bakery products,
26any dairy case of wire or plastic used to transport or store



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1dairy products, and any dolly or cart of 2 or 4 wheels used to
2transport or store any bakery or dairy product.
3    "Document-making implement" means any implement,
4impression, template, computer file, computer disc, electronic
5device, computer hardware, computer software, instrument, or
6device that is used to make a real or fictitious or fraudulent
7personal identification document.
8    "Financial transaction device" means any of the following:
9        (1) An electronic funds transfer card.
10        (2) A credit card.
11        (3) A debit card.
12        (4) A point-of-sale card.
13        (5) Any instrument, device, card, plate, code, account
14    number, personal identification number, or a record or copy
15    of a code, account number, or personal identification
16    number or other means of access to a credit account or
17    deposit account, or a driver's license or State
18    identification card used to access a proprietary account,
19    other than access originated solely by a paper instrument,
20    that can be used alone or in conjunction with another
21    access device, for any of the following purposes:
22            (A) Obtaining money, cash refund or credit
23        account, credit, goods, services, or any other thing of
24        value.
25            (B) Certifying or guaranteeing to a person or
26        business the availability to the device holder of funds



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1        on deposit to honor a draft or check payable to the
2        order of that person or business.
3            (C) Providing the device holder access to a deposit
4        account for the purpose of making deposits,
5        withdrawing funds, transferring funds between deposit
6        accounts, obtaining information pertaining to a
7        deposit account, or making an electronic funds
8        transfer.
9    "Full retail value" means the merchant's stated or
10advertised price of the merchandise. "Full retail value"
11includes the aggregate value of property obtained from retail
12thefts committed by the same person as part of a continuing
13course of conduct from one or more mercantile establishments in
14a single transaction or in separate transactions over a period
15of one year.
16    "Internet" means an interactive computer service or system
17or an information service, system, or access software provider
18that provides or enables computer access by multiple users to a
19computer server, and includes, but is not limited to, an
20information service, system, or access software provider that
21provides access to a network system commonly known as the
22Internet, or any comparable system or service and also
23includes, but is not limited to, a World Wide Web page,
24newsgroup, message board, mailing list, or chat area on any
25interactive computer service or system or other online service.
26    "Library card" means a card or plate issued by a library



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1facility for purposes of identifying the person to whom the
2library card was issued as authorized to borrow library
3material, subject to all limitations and conditions imposed on
4the borrowing by the library facility issuing such card.
5    "Library facility" includes any public library or museum,
6or any library or museum of an educational, historical or
7eleemosynary institution, organization or society.
8    "Library material" includes any book, plate, picture,
9photograph, engraving, painting, sculpture, statue, artifact,
10drawing, map, newspaper, pamphlet, broadside, magazine,
11manuscript, document, letter, microfilm, sound recording,
12audiovisual material, magnetic or other tape, electronic data
13processing record or other documentary, written or printed
14material regardless of physical form or characteristics, or any
15part thereof, belonging to, or on loan to or otherwise in the
16custody of a library facility.
17    "Manufacture or assembly of an unlawful access device"
18means to make, produce or assemble an unlawful access device or
19to modify, alter, program or re-program any instrument, device,
20machine, equipment or software so that it is capable of
21defeating or circumventing any technology, device or software
22used by the provider, owner or licensee of a communication
23service or of any data, audio or video programs or
24transmissions to protect any such communication, data, audio or
25video services, programs or transmissions from unauthorized
26access, acquisition, disclosure, receipt, decryption,



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1communication, transmission or re-transmission.
2    "Manufacture or assembly of an unlawful communication
3device" means to make, produce or assemble an unlawful
4communication or wireless device or to modify, alter, program
5or reprogram a communication or wireless device to be capable
6of acquiring, disrupting, receiving, transmitting, decrypting,
7or facilitating the acquisition, disruption, receipt,
8transmission or decryption of, a communication service without
9the express consent or express authorization of the
10communication service provider, or to knowingly assist others
11in those activities.
12    "Master sound recording" means the original physical
13object on which a given set of sounds were first recorded and
14which the original object from which all subsequent sound
15recordings embodying the same set of sounds are directly or
16indirectly derived.
17    "Merchandise" means any item of tangible personal
18property, including motor fuel.
19    "Merchant" means an owner or operator of any retail
20mercantile establishment or any agent, employee, lessee,
21consignee, officer, director, franchisee, or independent
22contractor of the owner or operator. "Merchant" also means a
23person who receives from an authorized user of a payment card,
24or someone the person believes to be an authorized user, a
25payment card or information from a payment card, or what the
26person believes to be a payment card or information from a



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1payment card, as the instrument for obtaining, purchasing or
2receiving goods, services, money, or anything else of value
3from the person.
4    "Motor fuel" means a liquid, regardless of its properties,
5used to propel a vehicle, including gasoline and diesel.
6    "Online" means the use of any electronic or wireless device
7to access the Internet.
8    "Payment card" means a credit card, charge card, debit
9card, or any other card that is issued to an authorized card
10user and that allows the user to obtain, purchase, or receive
11goods, services, money, or anything else of value from a
13    "Person with a disability" means a person who suffers from
14a physical or mental impairment resulting from disease, injury,
15functional disorder or congenital condition that impairs the
16individual's mental or physical ability to independently
17manage his or her property or financial resources, or both.
18    "Personal identification document" means a birth
19certificate, a driver's license, a State identification card, a
20public, government, or private employment identification card,
21a social security card, a firearm owner's identification card,
22a credit card, a debit card, or a passport issued to or on
23behalf of a person other than the offender, or any document
24made or issued, or falsely purported to have been made or
25issued, by or under the authority of the United States
26Government, the State of Illinois, or any other state political



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1subdivision of any state, or any other governmental or
2quasi-governmental organization that is of a type intended for
3the purpose of identification of an individual, or any such
4document made or altered in a manner that it falsely purports
5to have been made on behalf of or issued to another person or
6by the authority of one who did not give that authority.
7    "Personal identifying information" means any of the
8following information:
9        (1) A person's name.
10        (2) A person's address.
11        (3) A person's date of birth.
12        (4) A person's telephone number.
13        (5) A person's driver's license number or State of
14    Illinois identification card as assigned by the Secretary
15    of State of the State of Illinois or a similar agency of
16    another state.
17        (6) A person's social security number.
18        (7) A person's public, private, or government
19    employer, place of employment, or employment
20    identification number.
21        (8) The maiden name of a person's mother.
22        (9) The number assigned to a person's depository
23    account, savings account, or brokerage account.
24        (10) The number assigned to a person's credit or debit
25    card, commonly known as a "Visa Card", "MasterCard",
26    "American Express Card", "Discover Card", or other similar



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1    cards whether issued by a financial institution,
2    corporation, or business entity.
3        (11) Personal identification numbers.
4        (12) Electronic identification numbers.
5        (13) Digital signals.
6        (14) User names, passwords, and any other word, number,
7    character or combination of the same usable in whole or
8    part to access information relating to a specific
9    individual, or to the actions taken, communications made or
10    received, or other activities or transactions of a specific
11    individual.
12        (15) Any other numbers or information which can be used
13    to access a person's financial resources, or to identify a
14    specific individual, or the actions taken, communications
15    made or received, or other activities or transactions of a
16    specific individual.
17        (16) Any information regarding an individual's medical
18    history, mental or physical condition, or medical
19    treatment or diagnosis by a health care professional.
20        (17) A person's health insurance policy number or
21    subscriber identification number, any unique identifier
22    used by a health insurer to identify a person, or any
23    information in an individual's application and claims
24    history, including, but not limited to, appeals history.
25    "Premises of a retail mercantile establishment" includes,
26but is not limited to, the retail mercantile establishment; any



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1common use areas in shopping centers; and all parking areas set
2aside by a merchant or on behalf of a merchant for the parking
3of vehicles for the convenience of the patrons of such retail
4mercantile establishment.
5    "Public water, gas, or power supply, or other public
6services" mean any service subject to regulation by the
7Illinois Commerce Commission; any service furnished by a public
8utility that is owned and operated by any political
9subdivision, public institution of higher education or
10municipal corporation of this State; any service furnished by
11any public utility that is owned by such political subdivision,
12public institution of higher education, or municipal
13corporation and operated by any of its lessees or operating
14agents; any service furnished by an electric cooperative as
15defined in Section 3.4 of the Electric Supplier Act; or
16wireless service or other service regulated by the Federal
17Communications Commission.
18    "Publish" means to communicate or disseminate information
19to any one or more persons, either orally, in person, or by
20telephone, radio or television or in writing of any kind,
21including, without limitation, a letter or memorandum,
22circular or handbill, newspaper or magazine article or book.
23    "Radio frequency identification device" means any
24implement, computer file, computer disc, electronic device,
25computer hardware, computer software, or instrument that is
26used to activate, read, receive, or decode information stored



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1on a RFID tag or transponder attached to a personal
2identification document.
3    "RFID tag or transponder" means a chip or device that
4contains personal identifying information from which the
5personal identifying information can be read or decoded by
6another device emitting a radio frequency that activates or
7powers a radio frequency emission response from the chip or
9    "Reencoder" means an electronic device that places encoded
10information from the magnetic strip or stripe of a payment card
11onto the magnetic strip or stripe of a different payment card.
12    "Retail mercantile establishment" means any place where
13merchandise is displayed, held, stored or offered for sale to
14the public.
15    "Scanning device" means a scanner, reader, or any other
16electronic device that is used to access, read, scan, obtain,
17memorize, or store, temporarily or permanently, information
18encoded on the magnetic strip or stripe of a payment card.
19    "Shopping cart" means those push carts of the type or types
20which are commonly provided by grocery stores, drug stores or
21other retail mercantile establishments for the use of the
22public in transporting commodities in stores and markets and,
23incidentally, from the stores to a place outside the store.
24    "Sound or audio visual recording" means any sound or audio
25visual phonograph record, disc, pre-recorded tape, film, wire,
26magnetic tape or other object, device or medium, now known or



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1hereafter invented, by which sounds or images may be reproduced
2with or without the use of any additional machine, equipment or
4    "Theft detection device remover" means any tool or device
5specifically designed and intended to be used to remove any
6theft detection device from any merchandise.
7    "Under-ring" means to cause the cash register or other
8sales recording device to reflect less than the full retail
9value of the merchandise.
10    "Unidentified sound or audio visual recording" means a
11sound or audio visual recording without the actual name and
12full and correct street address of the manufacturer, and the
13name of the actual performers or groups prominently and legibly
14printed on the outside cover or jacket and on the label of such
15sound or audio visual recording.
16    "Unlawful access device" means any type of instrument,
17device, machine, equipment, technology, or software which is
18primarily possessed, used, designed, assembled, manufactured,
19sold, distributed or offered, promoted or advertised for the
20purpose of defeating or circumventing any technology, device or
21software, or any component or part thereof, used by the
22provider, owner or licensee of any communication service or of
23any data, audio or video programs or transmissions to protect
24any such communication, audio or video services, programs or
25transmissions from unauthorized access, acquisition, receipt,
26decryption, disclosure, communication, transmission or



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2    "Unlawful communication device" means any electronic
3serial number, mobile identification number, personal
4identification number or any communication or wireless device
5that is capable of acquiring or facilitating the acquisition of
6a communication service without the express consent or express
7authorization of the communication service provider, or that
8has been altered, modified, programmed or reprogrammed, alone
9or in conjunction with another communication or wireless device
10or other equipment, to so acquire or facilitate the
11unauthorized acquisition of a communication service. "Unlawful
12communication device" also means:
13        (1) any phone altered to obtain service without the
14    express consent or express authorization of the
15    communication service provider, tumbler phone, counterfeit
16    or clone phone, tumbler microchip, counterfeit or clone
17    microchip, scanning receiver of wireless communication
18    service or other instrument capable of disguising its
19    identity or location or of gaining unauthorized access to a
20    communications or wireless system operated by a
21    communication service provider; and
22        (2) any communication or wireless device which is
23    capable of, or has been altered, designed, modified,
24    programmed or reprogrammed, alone or in conjunction with
25    another communication or wireless device or devices, so as
26    to be capable of, facilitating the disruption,



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1    acquisition, receipt, transmission or decryption of a
2    communication service without the express consent or
3    express authorization of the communication service
4    provider, including, but not limited to, any device,
5    technology, product, service, equipment, computer software
6    or component or part thereof, primarily distributed, sold,
7    designed, assembled, manufactured, modified, programmed,
8    reprogrammed or used for the purpose of providing the
9    unauthorized receipt of, transmission of, disruption of,
10    decryption of, access to or acquisition of any
11    communication service provided by any communication
12    service provider.
13    "Vehicle" means a motor vehicle, motorcycle, or farm
14implement that is self-propelled and that uses motor fuel for
16    "Wireless device" includes any type of instrument, device,
17machine, or equipment that is capable of transmitting or
18receiving telephonic, electronic or radio communications, or
19any part of such instrument, device, machine, or equipment, or
20any computer circuit, computer chip, electronic mechanism, or
21other component that is capable of facilitating the
22transmission or reception of telephonic, electronic, or radio
24(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
251-1-12; 97-1109, eff. 1-1-13.)