Full Text of HB2697 94th General Assembly
HB2697 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2697
Introduced 2/22/2005, by Rep. Ruth Munson SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16G-10 |
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720 ILCS 5/16G-14 new |
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Amends the Criminal Code of 1961. Provides that a person who is not a party to a transaction that involves the use of a financial transaction device may not secretly or surreptitiously photograph, or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. Provides that a violation is a Class A misdemeanor. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2697 |
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LRB094 09127 RLC 39358 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16G-10 and by adding Section 16G-14 as follows:
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| (720 ILCS 5/16G-10)
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| Sec. 16G-10. Definitions. In this Article unless the | 8 |
| context otherwise
requires:
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| (a) "Personal identification document" means a birth | 10 |
| certificate, a drivers
license, a State identification
card, a | 11 |
| public, government, or private employment identification card, | 12 |
| a social
security card, a firearm
owner's identification card, | 13 |
| a credit card, a debit card, or a passport issued
to
or on | 14 |
| behalf of a person other
than the offender,
or any document | 15 |
| made or issued, or falsely purported to have been made or
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| issued, by or under the authority of the United States | 17 |
| Government, the State of
Illinois, or any other State political | 18 |
| subdivision of any state, or any other
governmental or | 19 |
| quasi-governmental organization that is of a type intended for
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| the
purpose of identification of an individual,
or any such | 21 |
| document made or altered in a manner that it falsely
purports | 22 |
| to have been
made on behalf of or issued to another person or | 23 |
| by the authority of one who
did not give that authority.
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| (b) "Personal identifying information" means any of the | 25 |
| following
information:
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| (1) A person's name;
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| (2) A person's address;
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| (2.5) A person's date of birth;
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| (3) A person's telephone number;
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| (4) A person's drivers license number or State of | 31 |
| Illinois identification
card as assigned by the
Secretary | 32 |
| of State of the State of Illinois or a similar agency of |
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HB2697 |
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LRB094 09127 RLC 39358 b |
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| another
state;
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| (5) A person's Social Security number;
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| (6) A person's public, private, or government | 4 |
| employer, place of
employment, or employment
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| identification number;
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| (7) The maiden name of a person's mother;
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| (8) The number assigned to a person's depository | 8 |
| account, savings account,
or brokerage
account;
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| (9) The number assigned to a person's credit or debit | 10 |
| card, commonly known
as a "Visa Card",
"Master Card", | 11 |
| "American Express Card", "Discover Card", or other similar | 12 |
| cards
whether issued by a
financial institution, | 13 |
| corporation, or business entity;
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| (10) Personal identification numbers;
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| (11) Electronic identification numbers;
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| (12) Digital signals;
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| (13) Any other numbers or information which can be used | 18 |
| to access a
person's financial
resources, or to identify a | 19 |
| specific individual.
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| (c) "Document-making implement" means any implement, | 21 |
| impression, template,
computer file, computer disc, electronic | 22 |
| device, computer hardware, computer
software, instrument, or | 23 |
| device that is used to make a real or fictitious or
fraudulent | 24 |
| personal identification document. | 25 |
| (d) "Financial transaction device" means any of the | 26 |
| following: | 27 |
| (1) An electronic funds transfer card. | 28 |
| (2) A credit card. | 29 |
| (3) A debit card. | 30 |
| (4) A point-of-sale card. | 31 |
| (5) Any instrument, device, card, plate, code, account | 32 |
| number, personal identification number, or a record
or copy | 33 |
| of a code, account number, or personal identification | 34 |
| number or other means of access to a credit
account or | 35 |
| deposit account, or a driver's license or state | 36 |
| identification card used to access a proprietary
account, |
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HB2697 |
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LRB094 09127 RLC 39358 b |
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| other than access originated solely by a paper instrument, | 2 |
| that can be used alone or in conjunction
with another | 3 |
| access device, for any of the following purposes: | 4 |
| (A) Obtaining money, cash refund or credit | 5 |
| account, credit, goods, services, or any other thing of | 6 |
| value. | 7 |
| (B) Certifying or guaranteeing to a person or | 8 |
| business the availability to the device holder of funds | 9 |
| on
deposit to honor a draft or check payable to the | 10 |
| order of that person or business. | 11 |
| (C) Providing the device holder access to a deposit | 12 |
| account for the purpose of making deposits,
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| withdrawing funds, transferring funds between deposit | 14 |
| accounts, obtaining information pertaining to a | 15 |
| deposit
account, or making an electronic funds | 16 |
| transfer.
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| (Source: P.A. 93-401, eff. 7-31-03.)
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| (720 ILCS 5/16G-14 new) | 19 |
| Sec. 16G-14. Transmission of personal identifying | 20 |
| information prohibited. | 21 |
| (a) A person who is not a party to a transaction that | 22 |
| involves the use of a financial transaction device may not | 23 |
| secretly or surreptitiously photograph, or otherwise capture | 24 |
| or record, electronically or by any other means, or distribute, | 25 |
| disseminate, or transmit, electronically or by any other means, | 26 |
| personal identifying information from the transaction without | 27 |
| the consent of the person whose information is photographed, or | 28 |
| otherwise captured, recorded, distributed, disseminated, or | 29 |
| transmitted. | 30 |
| (b) This Section does not: | 31 |
| (1) prohibit the capture or transmission of personal | 32 |
| identifying information in the ordinary and lawful course | 33 |
| of business; | 34 |
| (2) apply to a peace officer of this State, or of the | 35 |
| federal government, or the officer's agent, while in the |
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LRB094 09127 RLC 39358 b |
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| lawful performance of the officer's duties; | 2 |
| (3) prohibit a person from being charged with, | 3 |
| convicted of, or punished for any other violation of law | 4 |
| committed by that person while violating or attempting to | 5 |
| violate this Section. | 6 |
| (c) Sentence. A person who violates this Section is guilty | 7 |
| of a Class A misdemeanor.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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