Illinois General Assembly - Full Text of HB1091
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Full Text of HB1091  102nd General Assembly

HB1091enr 102ND GENERAL ASSEMBLY



 


 
HB1091 EnrolledLRB102 03105 RLC 13118 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Illinois Integrity, Notification, and Fairness in Online
7Retail Marketplaces for Consumers (INFORM Consumers) Act.
8References in this Article to "this Act" mean this Article.
 
9    Section 1-5. Definitions. In this Act:
10    "Consumer product" means any tangible personal property
11that is distributed in commerce and that is normally used for
12personal, family, or household purposes (including any such
13property intended to be attached to or installed in any real
14property without regard to whether it is so attached or
15installed).
16    "High-volume third-party seller" means a participant in an
17online marketplace who is a third-party seller and who, in any
18continuous 12-month period during the previous 24 months, has
19entered into 200 or more discrete sales or transactions of new
20or unused consumer products and has an aggregate total of
21$5,000 or more in gross revenue. For purposes of calculating
22the number of discrete sales or transactions or the aggregate

 

 

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1gross revenues under subsection (a) of Section 1-10, an online
2marketplace shall only be required to count sales or
3transactions made through the online marketplace and for which
4payment was processed by the online marketplace, either
5directly or through its payment processor.
6    "Online marketplace" means any person or entity that:
7        (1) operates a consumer-directed electronically based
8    or accessed platform that includes features that allow
9    for, facilitate, or enable online third-party sellers to
10    engage in the sale, purchase, payment, storage, shipping,
11    or delivery of consumer products in this State;
12        (2) is used by one or more online third-party sellers
13    for such purposes; and
14        (3) has a contractual or similar relationship with
15    consumers governing their use of the platform to purchase
16    consumer product.
17    "Seller" means a person who sells, offers to sell, or
18contracts to sell consumer products through an online
19marketplace's platform.
20    "Third-party seller" means any seller, independent of an
21online marketplace, who sells, offers to sell, or contracts to
22sell a consumer product in this State through an online
23marketplace. "Third-party seller" does not include, with
24respect to an online marketplace:
25        (1) a seller who operates the online marketplace's
26    platform; or

 

 

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1        (2) a business entity that has:
2            (A) made available to the public the entity's
3        name, business address, and working contact
4        information;
5            (B) an ongoing contractual relationship with the
6        online marketplace to provide the online marketplace
7        with the manufacture, distribution, wholesaling, or
8        fulfillment of shipments of consumer products; and
9            (C) provided to the online marketplace identifying
10        information, as described in subsection (a) of Section
11        1-10, that has been verified in accordance with that
12        subsection.
13    "Verify" means to confirm information provided to an
14online marketplace, including, but not limited to, by the use
15of one or more methods that enable the online marketplace to
16reliably determine that any information and documents provided
17are valid, corresponding to the seller or an individual acting
18on the seller's behalf, not misappropriated, and not
19falsified.
 
20    Section 1-10. Online marketplace verification.
21    (a) Online marketplaces shall require that any high-volume
22third-party seller on the online marketplace's platform
23provide the online marketplace with the following information
24no later than 10 days after qualifying as a high-volume
25third-party seller on the platform:

 

 

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1        (1) A bank account number, or, if the high-volume
2    third-party seller does not have a bank account, the name
3    of the payee for payments issued by the online marketplace
4    to the high-volume third-party seller. The bank account or
5    payee information required may be provided by the seller
6    to the online marketplace or other third parties
7    contracted by the online marketplace to maintain the
8    information, so long as the online marketplace ensures
9    that it can obtain the information on demand from the
10    other third parties.
11        (2) The contact information for the high-volume
12    third-party seller. If the high-volume third-party seller
13    is an individual, the individual's name shall be provided.
14    If the high-volume third-party seller is not an
15    individual, a copy of a valid government-issued
16    identification for an individual acting on behalf of the
17    seller that includes the individual's name or a copy of a
18    valid government-issued record or tax document that
19    includes the business name and physical address of the
20    seller shall be provided.
21        (3) A business tax identification number or, if the
22    high-volume third-party seller does not have a business
23    tax identification number, a taxpayer identification
24    number.
25        (4) A current working email address and phone number
26    for the high-volume third-party seller.

 

 

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1    (b) An online marketplace shall periodically, but not less
2than annually, notify any high-volume third-party seller on
3the online marketplace's platform of the requirement to keep
4any information collected under subsection (a) current and
5require any high-volume third-party seller on the online
6marketplace's platform to, not later than 10 days after
7receiving the notice, electronically certify that:
8        (1) the high-volume third-party seller has provided
9    any changes to the information to the online marketplace,
10    if such changes have occurred;
11        (2) there have been no changes to the high-volume
12    third-party seller's information; or
13        (3) the high-volume third-party seller has provided
14    any changes to such information to the online marketplace.
15    (c) If a high-volume third-party seller does not provide
16the information or certification required under this Section,
17the online marketplace, after providing the seller with
18written or electronic notice and an opportunity to provide the
19information or certification not later than 10 days after the
20issuance of the notice, shall suspend any future sales
21activity of the seller until the seller provides the
22information or certification.
23    (d) An online marketplace shall verify the information
24collected under subsection (a) no later than 10 days after the
25collection and shall verify any change to the information not
26later than 10 days after being notified of the change by a

 

 

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1high-volume third-party seller under subsection (b). If a
2high-volume third-party seller provides a copy of a valid
3government-issued tax document, any information contained in
4the document shall be presumed to be verified as of the date of
5issuance of the document.
6    (e) An online marketplace shall require any high-volume
7third-party seller with an aggregate total of $20,000 or more
8in annual gross revenues on the online marketplace, and that
9uses the online marketplace's platform, to provide information
10to the online marketplace that includes the identity of the
11high-volume third-party seller, including:
12        (1) the full name of the seller or seller's company
13    name, or the name by which the seller or company operates
14    on the online marketplace;
15        (2) the physical address of the seller;
16        (3) the contact information of the seller including a
17    current working phone number; a current working email
18    address for the seller; or other means of direct
19    electronic messaging that may be provided to the
20    high-volume third-party seller by the online marketplace
21    to allow for the direct, unhindered communication with
22    high-volume third-party sellers by users of the online
23    marketplace; and
24        (4) whether the high-volume third-party seller used a
25    different seller to supply consumer products to consumers
26    upon purchase, and, upon the request of a consumer, the

 

 

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1    information described in paragraph (1) of this subsection
2    (e) relating to any such seller that supplied the consumer
3    product to the consumer, if the seller is different from
4    the high-volume third-party seller listed on the product
5    listing prior to purchase.
6    (f) An online marketplace shall provide to consumers the
7information in subsection (e) in a conspicuous manner: (i) in
8the order confirmation message or other document or
9communication made to a consumer after a purchase is
10finalized; and (ii) in the consumer's account transaction
11history.
12    (g) Upon the request of a high-volume third-party seller,
13an online marketplace may provide for partial disclosure of
14the identity information required under subsection (e) as
15follows:
16        (1) If the high-volume third-party seller certifies to
17    the online marketplace that the seller does not have a
18    business address and only has a residential street
19    address, or has a combined business and residential
20    address, the online marketplace may disclose only the
21    country and, if applicable, the state in which the
22    high-volume third-party seller resides; and inform
23    consumers that there is no business address available for
24    the seller and that consumer inquiries should be submitted
25    to the seller by phone, email, or other means of
26    electronic messaging provided to the seller by the online

 

 

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1    marketplace.
2        (2) If the high-volume third-party seller certifies to
3    the online marketplace that the seller is a business that
4    has a physical address for product returns, the online
5    marketplace may disclose the seller's physical address for
6    product returns.
7        (3) If a high-volume third-party seller certifies to
8    the online marketplace that the seller does not have a
9    phone number other than a personal phone number, the
10    online marketplace shall inform consumers that there is no
11    phone number available for the seller and that consumer
12    inquiries should be submitted to the seller's email
13    address or other means of electronic messaging provided to
14    the seller by the online marketplace.
15    (h) If an online marketplace becomes aware that a
16high-volume third-party seller has made a false representation
17to the online marketplace in order to justify the provision of
18a partial disclosure under subsection (g) or that a
19high-volume third-party seller who has requested and received
20a provision for a partial disclosure under subsection (g) has
21not provided responsive answers within a reasonable time to
22consumer inquiries submitted to the seller by phone, email, or
23other means of electronic messaging provided to the seller by
24the online marketplace, the online marketplace shall, after
25providing the seller with written or electronic notice and an
26opportunity to respond not later than 10 days after the

 

 

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1issuance of the notice, suspend any future sales activity of
2the seller unless the seller consents to the disclosure of the
3identity information required under subsection (e).
4    (i) If a high-volume third-party seller does not comply
5with the requirements to provide and disclose information
6under this Section, the online marketplace, after providing
7the seller with written or electronic notice and an
8opportunity to provide or disclose the information not later
9than 10 days after the issuance of the notice, shall suspend
10any future sales activity of the seller until the seller
11complies with the requirements.
12    (j) An online marketplace shall disclose to consumers in a
13clear and conspicuous manner on the product listing of any
14high-volume third-party seller a reporting mechanism that
15allows for electronic and telephonic reporting of suspicious
16marketplace activity to the online marketplace.
17    (k) Information collected solely to comply with the
18requirements of this Section may not be used for any other
19purpose unless required by law. An online marketplace shall
20implement and maintain reasonable security procedures and
21practices, including administrative, physical, and technical
22safeguards, appropriate to the nature of the data and the
23purposes for which the data will be used, to protect the data
24collected under this Section from unauthorized use,
25disclosure, access, destruction, or modification.
26Notwithstanding anything to the contrary in this subsection,

 

 

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1the Attorney General may request, by subpoena or otherwise,
2and use any information collected to comply with the
3requirements of this Section to enforce the provisions of this
4Act as set forth in subsection (l).
5    (l) If the Attorney General has reason to believe that any
6person has violated this Act, the Attorney General may bring
7an action in the name of the People of the State against the
8person to restrain by preliminary or permanent injunction the
9use of such a method, act, or practice. The court, in its
10discretion, may exercise all powers necessary, including, but
11not limited to: injunction; revocation, forfeiture, or
12suspension of any license, charter, franchise, certificate, or
13other evidence of authority of any person to do business in
14this State; appointment of a receiver; dissolution of domestic
15corporations or associations or suspension or termination of
16the right of foreign corporations or associations to do
17business in this State; and restitution. In the administration
18of this Section, the Attorney General may accept an Assurance
19of Voluntary Compliance with respect to any method, act, or
20practice deemed to be violative of this Act from any person who
21has engaged in, is engaging in, or was ab to engage in such a
22method, act, or practice. Evidence of a violation of an
23Assurance of Voluntary Compliance shall be prima facie
24evidence of a violation of this Act in any subsequent
25proceeding brought by the Attorney General against the alleged
26violator. The Attorney General shall be empowered to issue

 

 

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1subpoenas to or examine under oath any person alleged to have
2participated in or to have knowledge of the alleged method,
3act, or practice in violation of this Act. Nothing in this Act
4creates or is intended to create a private right of action
5against any high-volume third-party seller, online marketplace
6seller, or third-party seller based upon compliance or
7noncompliance with its provisions.
8    (m) To the extent that a substantially similar federal law
9or regulation conflicts with this Act, the federal law or
10regulation controls.
 
11    Section 1-15. Organized Retail Crime Enforcement Fund.
12    (a) There is created in the State treasury a special fund
13known as the Organized Retail Crime Enforcement Fund.
14    (b) Subject to appropriation, moneys in the Organized
15Retail Crime Enforcement Fund shall be used by the Office of
16the Attorney General to award grants to State's Attorneys'
17offices and law enforcement agencies to investigate, indict,
18and prosecute violations of organized retail crime.
19    (c) Moneys received for purposes of this Section,
20including, but not limited to, fee receipts, gifts, grants,
21and awards from any public or private entity, must be
22deposited into the Fund.
23    (d) The Office of the Attorney General may use moneys in
24the Fund to investigate, indict, and prosecute violations of
25organized retail crime, for payment of awards and grants, and

 

 

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1for ordinary and contingent expenses and operational programs,
2including law enforcement purposes.
3    (e) The Office of the Attorney General may set
4requirements for application and distribution of grant moneys.
5    (f) As used in this Section, "organized retail crime" has
6the meaning provided in Section 16-25.1 of the Criminal Code
7of 2012.
 
8    Section 1-20. The State Finance Act is amended by adding
9Section 5.970 as follows:
 
10    (30 ILCS 105/5.970 new)
11    Sec. 5.970. The Organized Retail Crime Enforcement Fund.
 
12
Article 2.

 
13    Section 2-5. The Criminal Code of 2012 is amended by
14changing Sections 16-0.1 and 17-37 and by adding Sections
1516-25.1 and 16-25.2 as follows:
 
16    (720 ILCS 5/16-0.1)
17    Sec. 16-0.1. Definitions. In this Article, unless the
18context clearly requires otherwise, the following terms are
19defined as indicated:
20    "Access" means to use, instruct, communicate with, store
21data in, retrieve or intercept data from, or otherwise utilize

 

 

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1any services of a computer.
2    "Coin-operated machine" includes any automatic vending
3machine or any part thereof, parking meter, coin telephone,
4coin-operated transit turnstile, transit fare box, coin
5laundry machine, coin dry cleaning machine, amusement machine,
6music machine, vending machine dispensing goods or services,
7or money changer.
8    "Communication device" means any type of instrument,
9device, machine, or equipment which is capable of
10transmitting, acquiring, decrypting, or receiving any
11telephonic, electronic, data, Internet access, audio, video,
12microwave, or radio transmissions, signals, communications, or
13services, including the receipt, acquisition, transmission, or
14decryption of all such communications, transmissions, signals,
15or services provided by or through any cable television, fiber
16optic, telephone, satellite, microwave, radio, Internet-based,
17data transmission, or wireless distribution network, system or
18facility; or any part, accessory, or component thereof,
19including any computer circuit, security module, smart card,
20software, computer chip, electronic mechanism or other
21component, accessory or part of any communication device which
22is capable of facilitating the transmission, decryption,
23acquisition or reception of all such communications,
24transmissions, signals, or services.
25    "Communication service" means any service lawfully
26provided for a charge or compensation to facilitate the lawful

 

 

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1origination, transmission, emission, or reception of signs,
2signals, data, writings, images, and sounds or intelligence of
3any nature by telephone, including cellular telephones or a
4wire, wireless, radio, electromagnetic, photo-electronic or
5photo-optical system; and also any service lawfully provided
6by any radio, telephone, cable television, fiber optic,
7satellite, microwave, Internet-based or wireless distribution
8network, system, facility or technology, including, but not
9limited to, any and all electronic, data, video, audio,
10Internet access, telephonic, microwave and radio
11communications, transmissions, signals and services, and any
12such communications, transmissions, signals and services
13lawfully provided directly or indirectly by or through any of
14those networks, systems, facilities or technologies.
15    "Communication service provider" means: (1) any person or
16entity providing any communication service, whether directly
17or indirectly, as a reseller, including, but not limited to, a
18cellular, paging or other wireless communications company or
19other person or entity which, for a fee, supplies the
20facility, cell site, mobile telephone switching office or
21other equipment or communication service; (2) any person or
22entity owning or operating any cable television, fiber optic,
23satellite, telephone, wireless, microwave, radio, data
24transmission or Internet-based distribution network, system or
25facility; and (3) any person or entity providing any
26communication service directly or indirectly by or through any

 

 

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1such distribution system, network or facility.
2    "Computer" means a device that accepts, processes, stores,
3retrieves or outputs data, and includes but is not limited to
4auxiliary storage and telecommunications devices connected to
5computers.
6    "Continuing course of conduct" means a series of acts, and
7the accompanying mental state necessary for the crime in
8question, irrespective of whether the series of acts are
9continuous or intermittent.
10    "Delivery container" means any bakery basket of wire or
11plastic used to transport or store bread or bakery products,
12any dairy case of wire or plastic used to transport or store
13dairy products, and any dolly or cart of 2 or 4 wheels used to
14transport or store any bakery or dairy product.
15    "Document-making implement" means any implement,
16impression, template, computer file, computer disc, electronic
17device, computer hardware, computer software, instrument, or
18device that is used to make a real or fictitious or fraudulent
19personal identification document.
20    "Financial transaction device" means any of the following:
21        (1) An electronic funds transfer card.
22        (2) A credit card.
23        (3) A debit card.
24        (4) A point-of-sale card.
25        (5) Any instrument, device, card, plate, code, account
26    number, personal identification number, or a record or

 

 

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1    copy of a code, account number, or personal identification
2    number or other means of access to a credit account or
3    deposit account, or a driver's license or State
4    identification card used to access a proprietary account,
5    other than access originated solely by a paper instrument,
6    that can be used alone or in conjunction with another
7    access device, for any of the following purposes:
8            (A) Obtaining money, cash refund or credit
9        account, credit, goods, services, or any other thing
10        of value.
11            (B) Certifying or guaranteeing to a person or
12        business the availability to the device holder of
13        funds on deposit to honor a draft or check payable to
14        the order of that person or business.
15            (C) Providing the device holder access to a
16        deposit account for the purpose of making deposits,
17        withdrawing funds, transferring funds between deposit
18        accounts, obtaining information pertaining to a
19        deposit account, or making an electronic funds
20        transfer.
21    "Full retail value" means the merchant's stated or
22advertised price of the merchandise. "Full retail value"
23includes the aggregate value of property obtained from retail
24thefts committed by the same person as part of a continuing
25course of conduct from one or more mercantile establishments
26in a single transaction or in separate transactions over a

 

 

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1period of one year.
2    "Internet" means an interactive computer service or system
3or an information service, system, or access software provider
4that provides or enables computer access by multiple users to
5a computer server, and includes, but is not limited to, an
6information service, system, or access software provider that
7provides access to a network system commonly known as the
8Internet, or any comparable system or service and also
9includes, but is not limited to, a World Wide Web page,
10newsgroup, message board, mailing list, or chat area on any
11interactive computer service or system or other online
12service.
13    "Library card" means a card or plate issued by a library
14facility for purposes of identifying the person to whom the
15library card was issued as authorized to borrow library
16material, subject to all limitations and conditions imposed on
17the borrowing by the library facility issuing such card.
18    "Library facility" includes any public library or museum,
19or any library or museum of an educational, historical or
20eleemosynary institution, organization or society.
21    "Library material" includes any book, plate, picture,
22photograph, engraving, painting, sculpture, statue, artifact,
23drawing, map, newspaper, pamphlet, broadside, magazine,
24manuscript, document, letter, microfilm, sound recording,
25audiovisual material, magnetic or other tape, electronic data
26processing record or other documentary, written or printed

 

 

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1material regardless of physical form or characteristics, or
2any part thereof, belonging to, or on loan to or otherwise in
3the custody of a library facility.
4    "Manufacture or assembly of an unlawful access device"
5means to make, produce or assemble an unlawful access device
6or to modify, alter, program or re-program any instrument,
7device, machine, equipment or software so that it is capable
8of defeating or circumventing any technology, device or
9software used by the provider, owner or licensee of a
10communication service or of any data, audio or video programs
11or transmissions to protect any such communication, data,
12audio or video services, programs or transmissions from
13unauthorized access, acquisition, disclosure, receipt,
14decryption, communication, transmission or re-transmission.
15    "Manufacture or assembly of an unlawful communication
16device" means to make, produce or assemble an unlawful
17communication or wireless device or to modify, alter, program
18or reprogram a communication or wireless device to be capable
19of acquiring, disrupting, receiving, transmitting, decrypting,
20or facilitating the acquisition, disruption, receipt,
21transmission or decryption of, a communication service without
22the express consent or express authorization of the
23communication service provider, or to knowingly assist others
24in those activities.
25    "Master sound recording" means the original physical
26object on which a given set of sounds were first recorded and

 

 

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1which the original object from which all subsequent sound
2recordings embodying the same set of sounds are directly or
3indirectly derived.
4    "Merchandise" means any item of tangible personal
5property, including motor fuel.
6    "Merchant" means an owner or operator of any retail
7mercantile establishment or any agent, employee, lessee,
8consignee, officer, director, franchisee, or independent
9contractor of the owner or operator. "Merchant" also means a
10person who receives from an authorized user of a payment card,
11or someone the person believes to be an authorized user, a
12payment card or information from a payment card, or what the
13person believes to be a payment card or information from a
14payment card, as the instrument for obtaining, purchasing or
15receiving goods, services, money, or anything else of value
16from the person.
17    "Motor fuel" means a liquid, regardless of its properties,
18used to propel a vehicle, including gasoline and diesel.
19    "Online" means the use of any electronic or wireless
20device to access the Internet.
21    "Payment card" means a credit card, charge card, debit
22card, or any other card that is issued to an authorized card
23user and that allows the user to obtain, purchase, or receive
24goods, services, money, or anything else of value from a
25merchant.
26    "Person with a disability" means a person who suffers from

 

 

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1a physical or mental impairment resulting from disease,
2injury, functional disorder or congenital condition that
3impairs the individual's mental or physical ability to
4independently manage his or her property or financial
5resources, or both.
6    "Personal identification document" means a birth
7certificate, a driver's license, a State identification card,
8a public, government, or private employment identification
9card, a social security card, a firearm owner's identification
10card, a credit card, a debit card, or a passport issued to or
11on behalf of a person other than the offender, or any document
12made or issued, or falsely purported to have been made or
13issued, by or under the authority of the United States
14Government, the State of Illinois, or any other state
15political subdivision of any state, or any other governmental
16or quasi-governmental organization that is of a type intended
17for the purpose of identification of an individual, or any
18such document made or altered in a manner that it falsely
19purports to have been made on behalf of or issued to another
20person or by the authority of one who did not give that
21authority.
22    "Personal identifying information" means any of the
23following information:
24        (1) A person's name.
25        (2) A person's address.
26        (3) A person's date of birth.

 

 

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1        (4) A person's telephone number.
2        (5) A person's driver's license number or State of
3    Illinois identification card as assigned by the Secretary
4    of State of the State of Illinois or a similar agency of
5    another state.
6        (6) A person's social security number.
7        (7) A person's public, private, or government
8    employer, place of employment, or employment
9    identification number.
10        (8) The maiden name of a person's mother.
11        (9) The number assigned to a person's depository
12    account, savings account, or brokerage account.
13        (10) The number assigned to a person's credit or debit
14    card, commonly known as a "Visa Card", "MasterCard",
15    "American Express Card", "Discover Card", or other similar
16    cards whether issued by a financial institution,
17    corporation, or business entity.
18        (11) Personal identification numbers.
19        (12) Electronic identification numbers.
20        (13) Digital signals.
21        (14) User names, passwords, and any other word,
22    number, character or combination of the same usable in
23    whole or part to access information relating to a specific
24    individual, or to the actions taken, communications made
25    or received, or other activities or transactions of a
26    specific individual.

 

 

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1        (15) Any other numbers or information which can be
2    used to access a person's financial resources, or to
3    identify a specific individual, or the actions taken,
4    communications made or received, or other activities or
5    transactions of a specific individual.
6    "Premises of a retail mercantile establishment" includes,
7but is not limited to, the retail mercantile establishment;
8any common use areas in shopping centers; and all parking
9areas set aside by a merchant or on behalf of a merchant for
10the parking of vehicles for the convenience of the patrons of
11such retail mercantile establishment.
12    "Public water, gas, or power supply, or other public
13services" mean any service subject to regulation by the
14Illinois Commerce Commission; any service furnished by a
15public utility that is owned and operated by any political
16subdivision, public institution of higher education or
17municipal corporation of this State; any service furnished by
18any public utility that is owned by such political
19subdivision, public institution of higher education, or
20municipal corporation and operated by any of its lessees or
21operating agents; any service furnished by an electric
22cooperative as defined in Section 3.4 of the Electric Supplier
23Act; or wireless service or other service regulated by the
24Federal Communications Commission.
25    "Publish" means to communicate or disseminate information
26to any one or more persons, either orally, in person, or by

 

 

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1telephone, radio or television or in writing of any kind,
2including, without limitation, a letter or memorandum,
3circular or handbill, newspaper or magazine article or book.
4    "Radio frequency identification device" means any
5implement, computer file, computer disc, electronic device,
6computer hardware, computer software, or instrument that is
7used to activate, read, receive, or decode information stored
8on a RFID tag or transponder attached to a personal
9identification document.
10    "RFID tag or transponder" means a chip or device that
11contains personal identifying information from which the
12personal identifying information can be read or decoded by
13another device emitting a radio frequency that activates or
14powers a radio frequency emission response from the chip or
15transponder.
16    "Reencoder" means an electronic device that places encoded
17information from the magnetic strip or stripe of a payment
18card onto the magnetic strip or stripe of a different payment
19card.
20    "Retail mercantile establishment" means any place where
21merchandise is displayed, held, stored or offered for sale to
22the public.
23    "Scanning device" means a scanner, reader, or any other
24electronic device that is used to access, read, scan, obtain,
25memorize, or store, temporarily or permanently, information
26encoded on the magnetic strip or stripe of a payment card.

 

 

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1    "Shopping cart" means those push carts of the type or
2types which are commonly provided by grocery stores, drug
3stores or other retail mercantile establishments for the use
4of the public in transporting commodities in stores and
5markets and, incidentally, from the stores to a place outside
6the store.
7    "Sound or audio visual recording" means any sound or audio
8visual phonograph record, disc, pre-recorded tape, film, wire,
9magnetic tape or other object, device or medium, now known or
10hereafter invented, by which sounds or images may be
11reproduced with or without the use of any additional machine,
12equipment or device.
13    "Stored value card" means any card, gift card, instrument,
14or device issued with or without fee for the use of the
15cardholder to obtain money, goods, services, or anything else
16of value. Stored value cards include, but are not limited to,
17cards issued for use as a stored value card or gift card, and
18an account identification number or symbol used to identify a
19stored value card. "Stored value card" does not include a
20prepaid card usable at multiple, unaffiliated merchants or at
21automated teller machines, or both. "Stored value card" shall
22only apply to Section 16-25.1 of this Act.
23    "Theft detection device remover" means any tool or device
24specifically designed and intended to be used to remove any
25theft detection device from any merchandise.
26    "Under-ring" means to cause the cash register or other

 

 

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1sales recording device to reflect less than the full retail
2value of the merchandise.
3    "Unidentified sound or audio visual recording" means a
4sound or audio visual recording without the actual name and
5full and correct street address of the manufacturer, and the
6name of the actual performers or groups prominently and
7legibly printed on the outside cover or jacket and on the label
8of such sound or audio visual recording.
9    "Unlawful access device" means any type of instrument,
10device, machine, equipment, technology, or software which is
11primarily possessed, used, designed, assembled, manufactured,
12sold, distributed or offered, promoted or advertised for the
13purpose of defeating or circumventing any technology, device
14or software, or any component or part thereof, used by the
15provider, owner or licensee of any communication service or of
16any data, audio or video programs or transmissions to protect
17any such communication, audio or video services, programs or
18transmissions from unauthorized access, acquisition, receipt,
19decryption, disclosure, communication, transmission or
20re-transmission.
21    "Unlawful communication device" means any electronic
22serial number, mobile identification number, personal
23identification number or any communication or wireless device
24that is capable of acquiring or facilitating the acquisition
25of a communication service without the express consent or
26express authorization of the communication service provider,

 

 

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1or that has been altered, modified, programmed or
2reprogrammed, alone or in conjunction with another
3communication or wireless device or other equipment, to so
4acquire or facilitate the unauthorized acquisition of a
5communication service. "Unlawful communication device" also
6means:
7        (1) any phone altered to obtain service without the
8    express consent or express authorization of the
9    communication service provider, tumbler phone, counterfeit
10    or clone phone, tumbler microchip, counterfeit or clone
11    microchip, scanning receiver of wireless communication
12    service or other instrument capable of disguising its
13    identity or location or of gaining unauthorized access to
14    a communications or wireless system operated by a
15    communication service provider; and
16        (2) any communication or wireless device which is
17    capable of, or has been altered, designed, modified,
18    programmed or reprogrammed, alone or in conjunction with
19    another communication or wireless device or devices, so as
20    to be capable of, facilitating the disruption,
21    acquisition, receipt, transmission or decryption of a
22    communication service without the express consent or
23    express authorization of the communication service
24    provider, including, but not limited to, any device,
25    technology, product, service, equipment, computer software
26    or component or part thereof, primarily distributed, sold,

 

 

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1    designed, assembled, manufactured, modified, programmed,
2    reprogrammed or used for the purpose of providing the
3    unauthorized receipt of, transmission of, disruption of,
4    decryption of, access to or acquisition of any
5    communication service provided by any communication
6    service provider.
7    "Vehicle" means a motor vehicle, motorcycle, or farm
8implement that is self-propelled and that uses motor fuel for
9propulsion.
10    "Wireless device" includes any type of instrument, device,
11machine, or equipment that is capable of transmitting or
12receiving telephonic, electronic or radio communications, or
13any part of such instrument, device, machine, or equipment, or
14any computer circuit, computer chip, electronic mechanism, or
15other component that is capable of facilitating the
16transmission or reception of telephonic, electronic, or radio
17communications.
18(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
191-1-12; 97-1109, eff. 1-1-13.)
 
20    (720 ILCS 5/16-25.1 new)
21    Sec. 16-25.1. Organized retail crime.
22    (a) An individual is guilty of organized retail crime when
23that individual, in concert with another individual or any
24group of individuals, knowingly commits the act of retail
25theft from one or more retail mercantile establishments, and

 

 

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1in the course of or in furtherance of such crime or flight
2therefrom:
3        (1) knowingly commits assault as defined under Section
4    12-1 or battery as defined under Section 12-3(a)(2) on the
5    premises of the retail mercantile establishment;
6        (2) knowingly commits a battery under Section
7    12-3(a)(1) on the premises of the retail mercantile
8    establishment; or
9        (3) intentionally destroys or damages the property of
10    the retail mercantile establishment.
11    (b) An individual is guilty of being a manager of the
12organized retail crime when that individual knowingly
13recruits, organizes, supervises, finances, or otherwise
14manages or directs any other individual or individuals to:
15        (1) commit the act of retail theft from one or more
16    retail mercantile establishments, if the aggregate value
17    of the merchandise exceeds $300, and the manager or the
18    individual has the intent to resell the merchandise or
19    otherwise have the merchandise reenter the stream of
20    commerce;
21        (2) commit theft of merchandise, the aggregate retail
22    value of which exceeds $300, while the merchandise is in
23    transit from the manufacturer to the retail mercantile
24    establishment, and the manager or the individual has the
25    intent to resell the merchandise;
26        (3) obtain control over property for sale or resale,

 

 

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1    the aggregate retail value of which exceeds $300, knowing
2    the property to have been stolen or under such
3    circumstances as would reasonably induce the individual to
4    believe that the property was stolen; or
5        (4) receive, possess, or purchase any merchandise or
6    stored value cards, the aggregate retail value of which
7    exceeds $300, obtained from a fraudulent return with the
8    knowledge that the property was obtained in violation of
9    this Section or Section 16-25.
10    (c) If acts or omissions constituting any part of the
11commission of the charged offense under the Section occurred
12in more than one county, each county has concurrent venue. If
13the charged offenses under this Section occurred in more than
14one county, the counties may join the offenses in a single
15criminal pleading and have concurrent venue as to all charged
16offenses. When counties have concurrent venue, the first
17county in which a criminal complaint, information, or
18indictment is issued in the case becomes the county with
19exclusive venue. A violation of organized retail crime may be
20investigated, indicted, and prosecuted pursuant to the
21Statewide Grand Jury Act.
22    (d) Sentence. A violation of paragraph (1) or (3) of
23subsection (a) is a Class 3 felony. A violation of paragraph
24(2) of subsection (a) is a Class 2 felony. A violation of
25subsection (b) is a Class 2 felony.
 

 

 

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1    (720 ILCS 5/16-25.2 new)
2    Sec. 16-25.2. Retail loss prevention report and notice
3requirements.
4    (a) A retail mercantile establishment that is a victim of
5a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
6have the right:
7        (1) to timely notification of all court proceedings as
8    defined under subsection (e) of Section 3 of the Rights of
9    Crime Victims and Witnesses Act. Timely notice shall
10    include 7 days' notice of any court proceedings. Timely
11    notice shall be sent to the location of the retail
12    mercantile establishment where the violation occurred and
13    to the point of contact as provided by the retail
14    mercantile establishment. The point of contact may be any
15    employee of the retail mercantile establishment or
16    representative as provided by the retail mercantile
17    establishment;
18        (2) to communicate with the prosecution;
19        (3) to be reasonably heard at any post-arraignment
20    court proceeding in which a right of the victim is at issue
21    and any court proceeding involving a post-arraignment
22    release decision, plea, or sentencing;
23        (4) to be notified of the conviction, the sentence,
24    the imprisonment, and the release of the accused; and
25        (5) to have present at all court proceedings subject
26    to the rules of evidence an advocate of the retail

 

 

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1    mercantile establishment's choice.
2    (b) Unless a retail mercantile establishment refuses to
3file a report regarding the incident, the law enforcement
4agency having jurisdiction shall file a report concerning the
5incident with the State's Attorney. No law enforcement agent
6shall discourage or attempt to discourage a retail mercantile
7establishment from filing a police report concerning the
8incident. Upon the request of the retail mercantile
9establishment, the law enforcement agency having jurisdiction
10shall provide a free copy of the police report concerning the
11incident, as soon as practicable, but in no event later than 5
12business days after the request. The Illinois Law Enforcement
13Training Standards Board shall not consider any allegation of
14a violation of this subsection that is contained in a
15complaint made under Section 1-35 of the Police and Community
16Relations Improvement Act.
 
17    (720 ILCS 5/17-37)
18    Sec. 17-37. Use of credit or debit card with intent to
19defraud.
20    (a) A cardholder who uses a credit card or debit card
21issued to him or her, or allows another person to use a credit
22card or debit card issued to him or her, with intent to defraud
23the issuer, or a person providing an item or items of value, or
24any other person is guilty of a Class A misdemeanor if the
25value of all items of value does not exceed $150 in any 6-month

 

 

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1period; and is guilty of a Class 4 felony if the value exceeds
2$150 in any 6-month period.
3    (b) Where an investigation into an intent to defraud under
4subsection (a) occurs, issuers shall consider a merchant's
5timely submission of compelling evidence under the applicable
6dispute management guidelines of the card association with
7whom the merchant maintains an agreement. A merchant shall
8comply with merchant responsibilities under any such
9agreement.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    Section 2-10. The Statewide Grand Jury Act is amended by
12changing Sections 2, 3, and 4 as follows:
 
13    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
14    Sec. 2. (a) County grand juries and State's Attorneys have
15always had and shall continue to have primary responsibility
16for investigating, indicting, and prosecuting persons who
17violate the criminal laws of the State of Illinois. However,
18in recent years organized terrorist activity directed against
19innocent civilians and certain criminal enterprises have
20developed that require investigation, indictment, and
21prosecution on a statewide or multicounty level. The criminal
22enterprises exist as a result of the allure of profitability
23present in narcotic activity, the unlawful sale and transfer
24of firearms, and streetgang related felonies and organized

 

 

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1terrorist activity is supported by the contribution of money
2and expert assistance from geographically diverse sources. In
3order to shut off the life blood of terrorism and weaken or
4eliminate the criminal enterprises, assets, and property used
5to further these offenses must be frozen, and any profit must
6be removed. State statutes exist that can accomplish that
7goal. Among them are the offense of money laundering,
8violations of Article 29D of the Criminal Code of 1961 or the
9Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
10and gunrunning. Local prosecutors need investigative personnel
11and specialized training to attack and eliminate these
12profits. In light of the transitory and complex nature of
13conduct that constitutes these criminal activities, the many
14diverse property interests that may be used, acquired directly
15or indirectly as a result of these criminal activities, and
16the many places that illegally obtained property may be
17located, it is the purpose of this Act to create a limited,
18multicounty Statewide Grand Jury with authority to
19investigate, indict, and prosecute: narcotic activity,
20including cannabis and controlled substance trafficking,
21narcotics racketeering, money laundering, violations of the
22Cannabis and Controlled Substances Tax Act, and violations of
23Article 29D of the Criminal Code of 1961 or the Criminal Code
24of 2012; the unlawful sale and transfer of firearms;
25gunrunning; and streetgang related felonies.
26    (b) A Statewide Grand Jury may also investigate, indict,

 

 

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1and prosecute violations facilitated by the use of a computer
2of any of the following offenses: indecent solicitation of a
3child, sexual exploitation of a child, soliciting for a
4juvenile prostitute, keeping a place of juvenile prostitution,
5juvenile pimping, child pornography, aggravated child
6pornography, or promoting juvenile prostitution except as
7described in subdivision (a)(4) of Section 11-14.4 of the
8Criminal Code of 1961 or the Criminal Code of 2012.
9    (c) A Statewide Grand Jury may also investigate, indict,
10and prosecute violations of organized retail crime.
11(Source: P.A. 101-593, eff. 12-4-19.)
 
12    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
13    Sec. 3. Written application for the appointment of a
14Circuit Judge to convene and preside over a Statewide Grand
15Jury, with jurisdiction extending throughout the State, shall
16be made to the Chief Justice of the Supreme Court. Upon such
17written application, the Chief Justice of the Supreme Court
18shall appoint a Circuit Judge from the circuit where the
19Statewide Grand Jury is being sought to be convened, who shall
20make a determination that the convening of a Statewide Grand
21Jury is necessary.
22    In such application the Attorney General shall state that
23the convening of a Statewide Grand Jury is necessary because
24of an alleged offense or offenses set forth in this Section
25involving more than one county of the State and identifying

 

 

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1any such offense alleged; and
2        (a) that he or she believes that the grand jury
3    function for the investigation and indictment of the
4    offense or offenses cannot effectively be performed by a
5    county grand jury together with the reasons for such
6    belief, and
7        (b)(1) that each State's Attorney with jurisdiction
8    over an offense or offenses to be investigated has
9    consented to the impaneling of the Statewide Grand Jury,
10    or
11        (2) if one or more of the State's Attorneys having
12    jurisdiction over an offense or offenses to be
13    investigated fails to consent to the impaneling of the
14    Statewide Grand Jury, the Attorney General shall set forth
15    good cause for impaneling the Statewide Grand Jury.
16    If the Circuit Judge determines that the convening of a
17Statewide Grand Jury is necessary, he or she shall convene and
18impanel the Statewide Grand Jury with jurisdiction extending
19throughout the State to investigate and return indictments:
20        (a) For violations of any of the following or for any
21    other criminal offense committed in the course of
22    violating any of the following: Article 29D of the
23    Criminal Code of 1961 or the Criminal Code of 2012, the
24    Illinois Controlled Substances Act, the Cannabis Control
25    Act, the Methamphetamine Control and Community Protection
26    Act, or the Narcotics Profit Forfeiture Act; a streetgang

 

 

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1    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
2    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
3    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
4    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
5    of 1961 or the Criminal Code of 2012; or a money laundering
6    offense; provided that the violation or offense involves
7    acts occurring in more than one county of this State; and
8        (a-5) For violations facilitated by the use of a
9    computer, including the use of the Internet, the World
10    Wide Web, electronic mail, message board, newsgroup, or
11    any other commercial or noncommercial on-line service, of
12    any of the following offenses: indecent solicitation of a
13    child, sexual exploitation of a child, soliciting for a
14    juvenile prostitute, keeping a place of juvenile
15    prostitution, juvenile pimping, child pornography,
16    aggravated child pornography, or promoting juvenile
17    prostitution except as described in subdivision (a)(4) of
18    Section 11-14.4 of the Criminal Code of 1961 or the
19    Criminal Code of 2012; and
20        (b) For the offenses of perjury, subornation of
21    perjury, communicating with jurors and witnesses, and
22    harassment of jurors and witnesses, as they relate to
23    matters before the Statewide Grand Jury.
24    "Streetgang related" has the meaning ascribed to it in
25Section 10 of the Illinois Streetgang Terrorism Omnibus
26Prevention Act.

 

 

HB1091 Enrolled- 37 -LRB102 03105 RLC 13118 b

1    Upon written application by the Attorney General for the
2convening of an additional Statewide Grand Jury, the Chief
3Justice of the Supreme Court shall appoint a Circuit Judge
4from the circuit for which the additional Statewide Grand Jury
5is sought. The Circuit Judge shall determine the necessity for
6an additional Statewide Grand Jury in accordance with the
7provisions of this Section. No more than 2 Statewide Grand
8Juries may be empaneled at any time.
9(Source: P.A. 101-593, eff. 12-4-19.)
 
10    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
11    Sec. 4. (a) The presiding judge of the Statewide Grand
12Jury will receive recommendations from the Attorney General as
13to the county in which the Grand Jury will sit. Prior to making
14the recommendations, the Attorney General shall obtain the
15permission of the local State's Attorney to use his or her
16county for the site of the Statewide Grand Jury. Upon
17receiving the Attorney General's recommendations, the
18presiding judge will choose one of those recommended locations
19as the site where the Grand Jury shall sit.
20    Any indictment by a Statewide Grand Jury shall be returned
21to the Circuit Judge presiding over the Statewide Grand Jury
22and shall include a finding as to the county or counties in
23which the alleged offense was committed. Thereupon, the judge
24shall, by order, designate the county of venue for the purpose
25of trial. The judge may also, by order, direct the

 

 

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1consolidation of an indictment returned by a county grand jury
2with an indictment returned by the Statewide Grand Jury and
3set venue for trial.
4    (b) Venue for purposes of trial for the offense of
5narcotics racketeering shall be proper in any county where:
6        (1) Cannabis or a controlled substance which is the
7    basis for the charge of narcotics racketeering was used;
8    acquired; transferred or distributed to, from or through;
9    or any county where any act was performed to further the
10    use; acquisition, transfer or distribution of said
11    cannabis or controlled substance; or
12        (2) Any money, property, property interest, or any
13    other asset generated by narcotics activities was
14    acquired, used, sold, transferred or distributed to, from
15    or through; or,
16        (3) Any enterprise interest obtained as a result of
17    narcotics racketeering was acquired, used, transferred or
18    distributed to, from or through, or where any activity was
19    conducted by the enterprise or any conduct to further the
20    interests of such an enterprise.
21    (c) Venue for purposes of trial for the offense of money
22laundering shall be proper in any county where any part of a
23financial transaction in criminally derived property took
24place, or in any county where any money or monetary interest
25which is the basis for the offense, was acquired, used, sold,
26transferred or distributed to, from, or through.

 

 

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1    (d) A person who commits the offense of cannabis
2trafficking or controlled substance trafficking may be tried
3in any county.
4    (e) Venue for purposes of trial for any violation of
5Article 29D of the Criminal Code of 1961 or the Criminal Code
6of 2012 may be in the county in which an act of terrorism
7occurs, the county in which material support or resources are
8provided or solicited, the county in which criminal assistance
9is rendered, or any county in which any act in furtherance of
10any violation of Article 29D of the Criminal Code of 1961 or
11the Criminal Code of 2012 occurs.
12    (f) Venue for purposes of trial for the offense of
13organized retail crime shall be proper in any county where:
14        (1) any property, property interest, asset, money, or
15    thing of value that is the basis for the charge of
16    organized retail crime was used, acquired, transferred, or
17    distributed to, from, or through; or any county where any
18    act was performed to further the use, acquisition,
19    transfer, or distribution of the property, property
20    interest, asset, money, or thing or value; or
21        (2) any enterprise interest obtained as a result of
22    organized retail crime was acquired, used, transferred, or
23    distributed to, from, or through, or where any activity
24    was conducted by the enterprise or any conduct to further
25    the interests of such an enterprise.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

HB1091 Enrolled- 40 -LRB102 03105 RLC 13118 b

1
Article 99.

 
2    Section 99-99. Effective date. This Act takes effect upon
3becoming law, except that Article 1 of this Act takes effect
4January 1, 2023.