Full Text of SB0066 99th General Assembly
SB0066eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Smart | 5 | | Phone Theft Protection Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Appropriate law enforcement official" means the sheriff | 8 | | of the county where a dealer is located or, if the dealer is | 9 | | located within a municipality, the police chief of the | 10 | | municipality, provided, however, that the sheriff or police | 11 | | chief may designate an appropriate official of the county or | 12 | | municipality as applicable. | 13 | | "Internet marketplace" or "online platform" means a | 14 | | digitally accessible platform that facilitates commercial | 15 | | transactions between buyers and community-rated sellers where | 16 | | the operator or the platform does not take possession of, or | 17 | | title to, the goods bought or sold. | 18 | | "Law enforcement agency" means a duly authorized local, | 19 | | county, State, or federal law enforcement agency. | 20 | | "Repair and refurbishment program" means a program, | 21 | | offered by a wireless telephone service provider, | 22 | | manufacturer, or retailer who is not primarily engaged in | 23 | | purchasing personal property of any type from a person who is |
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| 1 | | not a wholesaler, through which used or previously owned | 2 | | wireless communications devices are restored to good working | 3 | | order. | 4 | | "Trade-in program" means a program offered by a wireless | 5 | | telephone service provider, manufacturer, or retailer who is | 6 | | not primarily engaged in purchasing personal property of any | 7 | | type from a person who is not a wholesaler, pursuant to which | 8 | | used wireless communications devices are accepted from | 9 | | customers for trade-in when purchasing a new device or in | 10 | | exchange for a noncash credit usable only for the purchase of | 11 | | goods or services from the wireless telephone service provider, | 12 | | manufacturer, or retailer or a rebate from a manufacturer on | 13 | | the purchase of one of the manufacturer's wireless | 14 | | communications devices. | 15 | | "Wireless communications device" means a hand-held | 16 | | cellular phone or other hand-held mobile
device that (1) is | 17 | | built on a smart phone mobile operating system; (2) possesses | 18 | | advanced computing capability; (3) enables network | 19 | | connectivity; (4) enables the user to engage in voice | 20 | | communications via commercial mobile radio service, as defined | 21 | | in 47 CFR 20.3; and (5) is capable of operating on a long-term | 22 | | evolution network and successor wireless data network | 23 | | communication standards. Capabilities a wireless | 24 | | communications device may possess include, but are not limited | 25 | | to, built-in applications, Internet access, digital voice | 26 | | service, text messaging, email, and web browsing. "Wireless |
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| 1 | | communications device" does not include a phone commonly | 2 | | referred to as a feature or messaging phone, a laptop computer, | 3 | | a tablet device, or a device that has only electronic reading | 4 | | capability. | 5 | | "Wireless communications device dealer" or "dealer" means | 6 | | an individual, partnership, limited partnership, limited | 7 | | liability company, corporation, or other entity engaged in the | 8 | | business of buying or selling used wireless communications | 9 | | devices. | 10 | | "Wireless communications device manufacturer" or | 11 | | "manufacturer" means an individual, partnership, limited | 12 | | partnership, limited liability company, corporation, or other | 13 | | entity engaged in the business of manufacturing wireless | 14 | | communications devices.
| 15 | | "Wireless telephone service provider" means a provider of | 16 | | wireless telephone services and its authorized dealers, | 17 | | distributors, and agents. | 18 | | Section 10. Wireless communications devices; acquisition | 19 | | for resale; purchase or acquisition record required. | 20 | | (a) Every wireless communications device dealer, including | 21 | | an agent, employee, or representative of the dealer, but not an | 22 | | internet marketplace, shall keep a written record at the time | 23 | | of each purchase or acquisition of a used wireless | 24 | | communications device for resale. The record must include the | 25 | | following: |
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| 1 | | (1) an accurate account or description of the wireless | 2 | | communications device purchased or acquired; | 3 | | (2) the date, time, and place or the online platform | 4 | | the wireless communications device was purchased or | 5 | | acquired; | 6 | | (3) the name and address of the person selling or | 7 | | delivering the wireless communications device; | 8 | | (4) the number of the check or electronic transfer used | 9 | | to purchase the wireless communications device; | 10 | | (5) the number from an identification document issued | 11 | | by any state, federal, or foreign government if the | 12 | | document includes the person's photograph, full name, | 13 | | birth date, and signature; and | 14 | | (6) a statement signed by the seller, under penalty of | 15 | | perjury, attesting that the wireless communications device | 16 | | is not stolen and is free of any liens or encumbrances and | 17 | | the seller has the right to sell it. | 18 | | (a-5) A wireless communications device dealer covered by | 19 | | this Section may maintain the records required by subsection | 20 | | (a) of this Section in an electronic form approved by the | 21 | | appropriate law enforcement official. | 22 | | (b) Records required to be maintained under this Section | 23 | | shall be retained by the wireless communications device dealer | 24 | | for a period of 3 years. | 25 | | (c) The record, as well as the wireless communications | 26 | | device purchased or received, shall at all reasonable times be |
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| 1 | | available for inspection by any law enforcement agency. | 2 | | (d) No record is required for wireless communications | 3 | | devices purchased from merchants, manufacturers, or wholesale | 4 | | dealers having an established place of business, but a bill of | 5 | | sale or other evidence of open or legitimate purchase of the | 6 | | wireless communications device shall be obtained and kept by | 7 | | the wireless communications device dealer, which must be shown | 8 | | upon demand to any law enforcement agency. | 9 | | (e) Except as otherwise provided in this Section, a | 10 | | wireless communications device dealer or the dealer's agent, | 11 | | employee, or representative may not disclose personal | 12 | | information received pursuant to subsection (a) concerning a | 13 | | customer without the customer's consent unless the disclosure | 14 | | is made in response to a request from a law enforcement agency. | 15 | | A wireless communications device dealer must implement | 16 | | reasonable safeguards to protect the security of the personal | 17 | | information and prevent unauthorized access to or disclosure of | 18 | | the information. For purposes of this Section, "personal | 19 | | information" is any individually identifiable information | 20 | | gathered in connection with a record under subsection (a).
| 21 | | Section 15. Records; prohibitions. A wireless | 22 | | communications device dealer, including an agent, employee, or | 23 | | representative of the dealer, shall not: | 24 | | (1) make any false entry in the records of transactions | 25 | | involving a used wireless communications device; |
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| 1 | | (2) falsify, obliterate, destroy, or remove from the | 2 | | place of business the records, books, or accounts relating | 3 | | to used wireless communications device transactions;
| 4 | | (3) refuse to allow the appropriate law enforcement | 5 | | agency to inspect records or any used wireless | 6 | | communications device in the dealer's possession during | 7 | | the ordinary hours of business or other times acceptable to | 8 | | both parties; | 9 | | (4) fail to maintain a record of each used wireless | 10 | | communications device transaction for 3 years; or | 11 | | (5) purchase a used wireless communications device | 12 | | from a person under the age of 18 years. | 13 | | Section 20. Payment for used wireless communications | 14 | | devices. A wireless communications device dealer shall pay for | 15 | | purchases of all used wireless communications devices by check | 16 | | mailed to a specific address or by electronic transfer. | 17 | | Section 25. Investigative holds; confiscation of property.
| 18 | | (a) Whenever a law enforcement official from any agency has | 19 | | probable cause to believe that a wireless communications device | 20 | | in the possession of a wireless communications device dealer is | 21 | | stolen or is evidence of a crime and notifies the dealer not to | 22 | | sell the item, the dealer shall not process or sell the item or | 23 | | remove or allow its removal from the premises. This | 24 | | investigative hold must be confirmed in writing by the |
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| 1 | | originating agency within 72 hours and remain in effect for 120 | 2 | | days from the date of initial notification, until the | 3 | | investigative hold is canceled or renewed, or until a law | 4 | | enforcement notification to confiscate or directive to release | 5 | | is issued, whichever comes first. | 6 | | (b) If a wireless communications device is identified as | 7 | | stolen or as evidence in a criminal case, a law enforcement | 8 | | official may: | 9 | | (1) physically confiscate and remove the wireless | 10 | | communications device from the wireless communications | 11 | | device dealer pursuant to a written notification; | 12 | | (2) place the wireless communications device on hold or | 13 | | extend the hold under subsection (a) and leave the device | 14 | | at the premises; or | 15 | | (3) direct its release to a registered owner or owner's | 16 | | agent. | 17 | | (c) When an item is confiscated, the law enforcement agency | 18 | | doing so shall provide identification upon request of the | 19 | | wireless communications device dealer, and shall provide the | 20 | | name and telephone number of the confiscating agency and | 21 | | investigator and the case number related to the confiscation. | 22 | | (d) When an investigative hold or notification to | 23 | | confiscate is no longer necessary, the law enforcement official | 24 | | or designee shall notify the wireless communications device | 25 | | dealer. | 26 | | (e) A wireless communications device dealer may sell or |
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| 1 | | otherwise dispose of the wireless communications device if:
(1) | 2 | | a notification to confiscate is not issued during the | 3 | | investigative hold; or
(2) a law enforcement official does not | 4 | | physically remove the wireless communications device from the | 5 | | premises within 15 calendar days from issuance of a | 6 | | notification to confiscate. | 7 | | (f) If a wireless communications device dealer is required | 8 | | to hold the wireless communications device at the direction of | 9 | | law enforcement for purposes of investigation or prosecution, | 10 | | or if the device is seized by law enforcement, the wireless | 11 | | communications device dealer and any other victim is entitled | 12 | | to seek restitution, including any out-of-pocket expenses for | 13 | | storage and lost profit, in any criminal case that may arise | 14 | | from the investigation against the individual who sold the | 15 | | wireless communications device to the wireless communications | 16 | | device dealer. | 17 | | Section 30. Video security cameras required.
| 18 | | (a) Each wireless communications device dealer shall | 19 | | install and maintain at each physical location video | 20 | | surveillance cameras, still digital cameras, or similar | 21 | | devices positioned to record or photograph a frontal view | 22 | | showing a readily identifiable image of the face of each seller | 23 | | of a wireless communications device who enters the physical | 24 | | location. | 25 | | (b) The video camera or still digital camera must be kept |
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| 1 | | in operating condition and must be shown upon request to a | 2 | | properly identified law enforcement officer for inspection. | 3 | | The camera must record and display the accurate date and time. | 4 | | The video camera or still digital camera must be turned on at | 5 | | all times when the physical location is open for business and | 6 | | at any other time when wireless communications devices are | 7 | | purchased or sold. | 8 | | (c) Recordings and images required by subsection (a) shall | 9 | | be retained by the wireless communications device dealer for a | 10 | | minimum period of 120 days and shall at all reasonable times be | 11 | | open to the inspection of any properly identified law | 12 | | enforcement officer. | 13 | | Section 35. Penalty. A wireless communications device | 14 | | dealer, or the agent, employee, or representative of the | 15 | | wireless communications device dealer, who intentionally | 16 | | violates a provision of this Act is guilty of a business | 17 | | offense and shall be fined more than $500 but not more than | 18 | | $1,000. | 19 | | Section 40. Application of Act.
| 20 | | (a) This Act does not apply with respect to a wireless | 21 | | communications device returned pursuant to the return policies | 22 | | of the wireless communications device dealer, wireless | 23 | | telephone service provider, manufacturer, or retailer from | 24 | | whom it was originally purchased. |
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| 1 | | (b) This Act does not apply to: | 2 | | (1) a wireless telephone service provider or retailer | 3 | | who has 25 or more locations in this State who acquires | 4 | | wireless communications devices as part of a trade-in or a | 5 | | repair and refurbishment program; | 6 | | (2) a manufacturer who acquires wireless | 7 | | communications devices as part of a trade-in program; or | 8 | | (3) an entity that complies with the requirements of | 9 | | the Resale Dealers Act and purchases used wireless | 10 | | communications devices for the purpose of recycling and | 11 | | refurbishment. | 12 | | (c) This Act does not apply to wireless communications | 13 | | device dealers regulated under the Pawnbroker Regulation Act. | 14 | | (d) This Act does not alter or affect a dealer's separate | 15 | | obligations under the Resale Dealers Act, if applicable, except | 16 | | that any violation under this Act, by a person covered by the | 17 | | Resale Dealers Act, which has the same or similar elements as a | 18 | | violation under the Resale Dealers Act shall be punished as | 19 | | provided under the Resale Dealers Act.
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