Illinois General Assembly - Full Text of SB0066
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Full Text of SB0066  99th General Assembly

SB0066sam002 99TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 3/20/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 66

2    AMENDMENT NO. ______. Amend Senate Bill 66 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Smart
5Phone Theft Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Appropriate law enforcement official" means the sheriff
8of the county where a dealer is located or, if the dealer is
9located within a municipality, the police chief of the
10municipality, provided, however, that the sheriff or police
11chief may designate an appropriate official of the county or
12municipality as applicable.
13    "Internet marketplace" or "online platform" means a
14digitally accessible platform that facilitates commercial
15transactions between buyers and community-rated sellers where
16the operator or the platform does not take possession of, or

 

 

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1title to, the goods bought or sold.
2    "Law enforcement agency" means a duly authorized local,
3county, State, or federal law enforcement agency.
4    "Repair and refurbishment program" means a program,
5offered by a wireless telephone service provider,
6manufacturer, or retailer who is not primarily engaged in
7purchasing personal property of any type from a person who is
8not a wholesaler, through which used or previously owned
9wireless communications devices are restored to good working
10order.
11    "Trade-in program" means a program offered by a wireless
12telephone service provider, manufacturer, or retailer who is
13not primarily engaged in purchasing personal property of any
14type from a person who is not a wholesaler, pursuant to which
15used wireless communications devices are accepted from
16customers for trade-in when purchasing a new device or in
17exchange for a noncash credit usable only for the purchase of
18goods or services from the wireless telephone service provider,
19manufacturer, or retailer or a rebate from a manufacturer on
20the purchase of one of the manufacturer's wireless
21communications devices.
22    "Wireless communications device" means a hand-held
23cellular phone or other hand-held mobile device that (1) is
24built on a smart phone mobile operating system; (2) possesses
25advanced computing capability; (3) enables network
26connectivity; (4) enables the user to engage in voice

 

 

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1communications via commercial mobile radio service, as defined
2in 47 CFR 20.3; and (5) is capable of operating on a long-term
3evolution network and successor wireless data network
4communication standards. Capabilities a wireless communication
5device may possess include, but are not limited to, built-in
6applications, Internet access, digital voice service, text
7messaging, email, and web browsing. "Wireless communications
8device" does not include a phone commonly referred to as a
9feature or messaging phone, a laptop computer, a tablet device,
10or a device that has only electronic reading capability.
11    "Wireless communications device dealer" or "dealer" means
12an individual, partnership, limited partnership, limited
13liability company, corporation, or other entity engaged in the
14business of buying or selling used wireless communications
15devices.
16    "Wireless communications device manufacturer" or
17"manufacturer" means an individual, partnership, limited
18partnership, limited liability company, corporation, or other
19entity engaged in the business of manufacturing wireless
20communications devices.
21    "Wireless telephone service provider" means a provider of
22wireless telephone services and its authorized dealers,
23distributors, and agents.
 
24    Section 10. Wireless communications devices; acquisition
25for resale; purchase or acquisition record required.

 

 

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1    (a) Every wireless communications device dealer, including
2an agent, employee, or representative of the dealer, but not an
3internet marketplace, shall keep a written record at the time
4of each purchase or acquisition of a used wireless
5communications device for resale. The record must include the
6following:
7        (1) an accurate account or description of the wireless
8    communications device purchased or acquired;
9        (2) the date, time, and place or the online platform
10    the wireless communications device was purchased or
11    acquired;
12        (3) the name and address of the person selling or
13    delivering the wireless communications device;
14        (4) the number of the check or electronic transfer used
15    to purchase the wireless communications device;
16        (5) the number from an identification document issued
17    by any state, federal, or foreign government if the
18    document includes the person's photograph, full name,
19    birth date, and signature; and
20        (6) a statement signed by the seller, under penalty of
21    perjury, attesting that the wireless communications device
22    is not stolen and is free of any liens or encumbrances and
23    the seller has the right to sell it.
24    (a-5) A wireless communications device dealer covered by
25this Section may maintain the records required by subsection
26(a) of this Section in an electronic form approved by the

 

 

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1appropriate law enforcement official.
2    (b) Records required to be maintained under this Section
3shall be retained by the wireless communications device dealer
4for a period of 3 years.
5    (c) The record, as well as the wireless communications
6device purchased or received, shall at all reasonable times be
7available for inspection by any law enforcement agency.
8    (d) No record is required for wireless communications
9devices purchased from merchants, manufacturers, or wholesale
10dealers having an established place of business, but a bill of
11sale or other evidence of open or legitimate purchase of the
12wireless communications device shall be obtained and kept by
13the wireless communications device dealer, which must be shown
14upon demand to any law enforcement agency.
15    (e) Except as otherwise provided in this Section, a
16wireless communications device dealer or the dealer's agent,
17employee, or representative may not disclose personal
18information received pursuant to subsection (a) concerning a
19customer without the customer's consent unless the disclosure
20is made in response to a request from a law enforcement agency.
21A wireless communications device dealer must implement
22reasonable safeguards to protect the security of the personal
23information and prevent unauthorized access to or disclosure of
24the information. For purposes of this Section, "personal
25information" is any individually identifiable information
26gathered in connection with a record under subsection (a).
 

 

 

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1    Section 15. Records; prohibitions. A wireless
2communications device dealer, including an agent, employee, or
3representative of the dealer, shall not:
4        (1) make any false entry in the records of transactions
5    involving a used wireless communications device;
6        (2) falsify, obliterate, destroy, or remove from the
7    place of business the records, books, or accounts relating
8    to used wireless communications device transactions;
9        (3) refuse to allow the appropriate law enforcement
10    agency to inspect records or any used wireless
11    communications device in the dealer's possession during
12    the ordinary hours of business or other times acceptable to
13    both parties;
14        (4) fail to maintain a record of each used wireless
15    communications device transaction for 3 years; or
16        (5) purchase a used wireless communications device
17    from a person under the age of 18 years.
 
18    Section 20. Payment for used wireless communications
19devices. A wireless communications device dealer shall pay for
20purchases of all used wireless communications devices by check
21mailed to a specific address or by electronic transfer.
 
22    Section 25. Investigative holds; confiscation of property.
23    (a) Whenever a law enforcement official from any agency has

 

 

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1probable cause to believe that a wireless communications device
2in the possession of a wireless communications device dealer is
3stolen or is evidence of a crime and notifies the dealer not to
4sell the item, the dealer shall not process or sell the item or
5remove or allow its removal from the premises. This
6investigative hold must be confirmed in writing by the
7originating agency within 72 hours and remain in effect for 120
8days from the date of initial notification, until the
9investigative hold is canceled or renewed, or until a law
10enforcement notification to confiscate or directive to release
11is issued, whichever comes first.
12    (b) If a wireless communications device is identified as
13stolen or as evidence in a criminal case, a law enforcement
14official may:
15        (1) physically confiscate and remove the wireless
16    communications device from the wireless communications
17    device dealer pursuant to a written notification;
18        (2) place the wireless communications device on hold or
19    extend the hold under subsection (a) and leave the device
20    at the premises; or
21        (3) direct its release to a registered owner or owner's
22    agent.
23    (c) When an item is confiscated, the law enforcement agency
24doing so shall provide identification upon request of the
25wireless communications device dealer, and shall provide the
26name and telephone number of the confiscating agency and

 

 

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1investigator and the case number related to the confiscation.
2    (d) When an investigative hold or notification to
3confiscate is no longer necessary, the law enforcement official
4or designee shall notify the wireless communications device
5dealer.
6    (e) A wireless communications device dealer may sell or
7otherwise dispose of the wireless communications device if: (1)
8a notification to confiscate is not issued during the
9investigative hold; or (2) a law enforcement official does not
10physically remove the wireless communications device from the
11premises within 15 calendar days from issuance of a
12notification to confiscate.
13    (f) If a wireless communications device dealer is required
14to hold the wireless communications device at the direction of
15law enforcement for purposes of investigation or prosecution,
16or if the device is seized by law enforcement, the wireless
17communications device dealer and any other victim is entitled
18to seek restitution, including any out-of-pocket expenses for
19storage and lost profit, in any criminal case that may arise
20from the investigation against the individual who sold the
21wireless communications device to the wireless communications
22device dealer.
 
23    Section 30. Video security cameras required.
24    (a) Each wireless communications device dealer shall
25install and maintain at each physical location video

 

 

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1surveillance cameras, still digital cameras, or similar
2devices positioned to record or photograph a frontal view
3showing a readily identifiable image of the face of each seller
4of a wireless communications device who enters the physical
5location.
6    (b) The video camera or still digital camera must be kept
7in operating condition and must be shown upon request to a
8properly identified law enforcement officer for inspection.
9The camera must record and display the accurate date and time.
10The video camera or still digital camera must be turned on at
11all times when the physical location is open for business and
12at any other time when wireless communications devices are
13purchased or sold.
14    (c) Recordings and images required by subsection (a) shall
15be retained by the wireless communications device dealer for a
16minimum period of 120 days and shall at all reasonable times be
17open to the inspection of any properly identified law
18enforcement officer.
 
19    Section 35. Penalty. A wireless communications device
20dealer, or the agent, employee, or representative of the
21wireless communications device dealer, who intentionally
22violates a provision of this Act is guilty of a business
23offense and shall be fined more than $500 but not more than
24$1,000.
 

 

 

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1    Section 40. Application of Act.
2    (a) This Act does not apply with respect to a wireless
3communications device returned pursuant to the return policies
4of the wireless communications device dealer, wireless
5telephone service provider, manufacturer, or retailer from
6whom it was originally purchased.
7    (b) This Act does not apply to:
8        (1) a wireless telephone service provider who acquires
9    wireless communications devices as part of a trade-in or a
10    repair and refurbishment program; or
11        (2) a manufacturer who acquires wireless
12    communications devices as part of a trade-in program.
13    (c) This Act does not apply to wireless communications
14device dealers regulated under the Pawnbroker Regulation Act.
15    (d) This Act does not alter or affect a dealer's separate
16obligations under the Resale Dealers Act, if applicable, except
17that any violation under this Act, by a person covered by the
18Resale Dealers Act, which has the same or similar elements as a
19violation under the Resale Dealers Act shall be punished as
20provided under the Resale Dealers Act.".