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

HB1091sam003 102ND GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 4/6/2022

 

 


 

 


 
10200HB1091sam003LRB102 03105 RLC 38821 a

1
AMENDMENT TO HOUSE BILL 1091

2    AMENDMENT NO. ______. Amend House Bill 1091 by replacing
3everything after the enacting clause with the following:
 
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).

 

 

10200HB1091sam003- 2 -LRB102 03105 RLC 38821 a

1    "High-volume third-party seller" means a participant in an
2online marketplace who is a third-party seller and who, in any
3continuous 12-month period during the previous 24 months, has
4entered into 200 or more discrete sales or transactions of new
5or unused consumer products and has an aggregate total of
6$5,000 or more in gross revenue. For purposes of calculating
7the number of discrete sales or transactions or the aggregate
8gross revenues under subsection (a) of Section 1-10, an online
9marketplace shall only be required to count sales or
10transactions made through the online marketplace and for which
11payment was processed by the online marketplace, either
12directly or through its payment processor.
13    "Online marketplace" means any person or entity that:
14        (1) operates a consumer-directed electronically based
15    or accessed platform that includes features that allow
16    for, facilitate, or enable online third-party sellers to
17    engage in the sale, purchase, payment, storage, shipping,
18    or delivery of consumer products in this State;
19        (2) is used by one or more online third-party sellers
20    for such purposes; and
21        (3) has a contractual or similar relationship with
22    consumers governing their use of the platform to purchase
23    consumer product.
24    "Seller" means a person who sells, offers to sell, or
25contracts to sell consumer products through an online
26marketplace's platform.

 

 

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1    "Third-party seller" means any seller, independent of an
2online marketplace, who sells, offers to sell, or contracts to
3sell a consumer product in this State through an online
4marketplace. "Third-party seller" does not include, with
5respect to an online marketplace:
6        (1) a seller who operates the online marketplace's
7    platform; or
8        (2) a business entity that has:
9            (A) made available to the public the entity's
10        name, business address, and working contact
11        information;
12            (B) an ongoing contractual relationship with the
13        online marketplace to provide the online marketplace
14        with the manufacture, distribution, wholesaling, or
15        fulfillment of shipments of consumer products; and
16            (C) provided to the online marketplace identifying
17        information, as described in subsection (a) of Section
18        1-10, that has been verified in accordance with that
19        subsection.
20    "Verify" means to confirm information provided to an
21online marketplace, including, but not limited to, by the use
22of one or more methods that enable the online marketplace to
23reliably determine that any information and documents provided
24are valid, corresponding to the seller or an individual acting
25on the seller's behalf, not misappropriated, and not
26falsified.
 

 

 

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1    Section 1-10. Online marketplace verification.
2    (a) Online marketplaces shall require that any high-volume
3third-party seller on the online marketplace's platform
4provide the online marketplace with the following information
5no later than 10 days after qualifying as a high-volume
6third-party seller on the platform:
7        (1) A bank account number, or, if the high-volume
8    third-party seller does not have a bank account, the name
9    of the payee for payments issued by the online marketplace
10    to the high-volume third-party seller. The bank account or
11    payee information required may be provided by the seller
12    to the online marketplace or other third parties
13    contracted by the online marketplace to maintain the
14    information, so long as the online marketplace ensures
15    that it can obtain the information on demand from the
16    other third parties.
17        (2) The contact information for the high-volume
18    third-party seller. If the high-volume third-party seller
19    is an individual, the individual's name shall be provided.
20    If the high-volume third-party seller is not an
21    individual, a copy of a valid government-issued
22    identification for an individual acting on behalf of the
23    seller that includes the individual's name or a copy of a
24    valid government-issued record or tax document that
25    includes the business name and physical address of the

 

 

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1    seller shall be provided.
2        (3) A business tax identification number or, if the
3    high-volume third-party seller does not have a business
4    tax identification number, a taxpayer identification
5    number.
6        (4) A current working email address and phone number
7    for the high-volume third-party seller.
8    (b) An online marketplace shall periodically, but not less
9than annually, notify any high-volume third-party seller on
10the online marketplace's platform of the requirement to keep
11any information collected under subsection (a) current and
12require any high-volume third-party seller on the online
13marketplace's platform to, not later than 10 days after
14receiving the notice, electronically certify that:
15        (1) the high-volume third-party seller has provided
16    any changes to the information to the online marketplace,
17    if such changes have occurred;
18        (2) there have been no changes to the high-volume
19    third-party seller's information; or
20        (3) the high-volume third-party seller has provided
21    any changes to such information to the online marketplace.
22    (c) If a high-volume third-party seller does not provide
23the information or certification required under this Section,
24the online marketplace, after providing the seller with
25written or electronic notice and an opportunity to provide the
26information or certification not later than 10 days after the

 

 

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1issuance of the notice, shall suspend any future sales
2activity of the seller until the seller provides the
3information or certification.
4    (d) An online marketplace shall verify the information
5collected under subsection (a) no later than 10 days after the
6collection and shall verify any change to the information not
7later than 10 days after being notified of the change by a
8high-volume third-party seller under subsection (b). If a
9high-volume third-party seller provides a copy of a valid
10government-issued tax document, any information contained in
11the document shall be presumed to be verified as of the date of
12issuance of the document.
13    (e) An online marketplace shall require any high-volume
14third-party seller with an aggregate total of $20,000 or more
15in annual gross revenues on the online marketplace, and that
16uses the online marketplace's platform, to provide information
17to the online marketplace that includes the identity of the
18high-volume third-party seller, including:
19        (1) the full name of the seller or seller's company
20    name, or the name by which the seller or company operates
21    on the online marketplace;
22        (2) the physical address of the seller;
23        (3) the contact information of the seller including a
24    current working phone number; a current working email
25    address for the seller; or other means of direct
26    electronic messaging that may be provided to the

 

 

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1    high-volume third-party seller by the online marketplace
2    to allow for the direct, unhindered communication with
3    high-volume third-party sellers by users of the online
4    marketplace; and
5        (4) whether the high-volume third-party seller used a
6    different seller to supply consumer products to consumers
7    upon purchase, and, upon the request of a consumer, the
8    information described in paragraph (1) of this subsection
9    (e) relating to any such seller that supplied the consumer
10    product to the consumer, if the seller is different from
11    the high-volume third-party seller listed on the product
12    listing prior to purchase.
13    (f) An online marketplace shall provide to consumers the
14information in subsection (e) in a conspicuous manner: (i) in
15the order confirmation message or other document or
16communication made to a consumer after a purchase is
17finalized; and (ii) in the consumer's account transaction
18history.
19    (g) Upon the request of a high-volume third-party seller,
20an online marketplace may provide for partial disclosure of
21the identity information required under subsection (e) as
22follows:
23        (1) If the high-volume third-party seller certifies to
24    the online marketplace that the seller does not have a
25    business address and only has a residential street
26    address, or has a combined business and residential

 

 

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

 

 

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1a provision for a partial disclosure under subsection (g) has
2not provided responsive answers within a reasonable time to
3consumer inquiries submitted to the seller by phone, email, or
4other means of electronic messaging provided to the seller by
5the online marketplace, the online marketplace shall, after
6providing the seller with written or electronic notice and an
7opportunity to respond not later than 10 days after the
8issuance of the notice, suspend any future sales activity of
9the seller unless the seller consents to the disclosure of the
10identity information required under subsection (e).
11    (i) If a high-volume third-party seller does not comply
12with the requirements to provide and disclose information
13under this Section, the online marketplace, after providing
14the seller with written or electronic notice and an
15opportunity to provide or disclose the information not later
16than 10 days after the issuance of the notice, shall suspend
17any future sales activity of the seller until the seller
18complies with the requirements.
19    (j) An online marketplace shall disclose to consumers in a
20clear and conspicuous manner on the product listing of any
21high-volume third-party seller a reporting mechanism that
22allows for electronic and telephonic reporting of suspicious
23marketplace activity to the online marketplace.
24    (k) Information collected solely to comply with the
25requirements of this Section may not be used for any other
26purpose unless required by law. An online marketplace shall

 

 

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1implement and maintain reasonable security procedures and
2practices, including administrative, physical, and technical
3safeguards, appropriate to the nature of the data and the
4purposes for which the data will be used, to protect the data
5collected under this Section from unauthorized use,
6disclosure, access, destruction, or modification.
7Notwithstanding anything to the contrary in this subsection,
8the Attorney General may request, by subpoena or otherwise,
9and use any information collected to comply with the
10requirements of this Section to enforce the provisions of this
11Act as set forth in subsection (l).
12    (l) If the Attorney General has reason to believe that any
13person has violated this Act, the Attorney General may bring
14an action in the name of the People of the State against the
15person to restrain by preliminary or permanent injunction the
16use of such a method, act, or practice. The court, in its
17discretion, may exercise all powers necessary, including, but
18not limited to: injunction; revocation, forfeiture, or
19suspension of any license, charter, franchise, certificate, or
20other evidence of authority of any person to do business in
21this State; appointment of a receiver; dissolution of domestic
22corporations or associations or suspension or termination of
23the right of foreign corporations or associations to do
24business in this State; and restitution. In the administration
25of this Section, the Attorney General may accept an Assurance
26of Voluntary Compliance with respect to any method, act, or

 

 

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1practice deemed to be violative of this Act from any person who
2has engaged in, is engaging in, or was ab to engage in such a
3method, act, or practice. Evidence of a violation of an
4Assurance of Voluntary Compliance shall be prima facie
5evidence of a violation of this Act in any subsequent
6proceeding brought by the Attorney General against the alleged
7violator. The Attorney General shall be empowered to issue
8subpoenas to or examine under oath any person alleged to have
9participated in or to have knowledge of the alleged method,
10act, or practice in violation of this Act. Nothing in this Act
11creates or is intended to create a private right of action
12against any high-volume third-party seller, online marketplace
13seller, or third-party seller based upon compliance or
14noncompliance with its provisions.
15    (m) To the extent that a substantially similar federal law
16or regulation conflicts with this Act, the federal law or
17regulation controls.
 
18
Article 2.

 
19    Section 2-5. The Criminal Code of 2012 is amended by
20changing Sections 16-0.1 and 17-37 and by adding Sections
2116-25.1 and 16-25.2 as follows:
 
22    (720 ILCS 5/16-0.1)
23    Sec. 16-0.1. Definitions. In this Article, unless the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1includes the aggregate value of property obtained from retail
2thefts committed by the same person as part of a continuing
3course of conduct from one or more mercantile establishments
4in a single transaction or in separate transactions over a
5period of one year.
6    "Internet" means an interactive computer service or system
7or an information service, system, or access software provider
8that provides or enables computer access by multiple users to
9a computer server, and includes, but is not limited to, an
10information service, system, or access software provider that
11provides access to a network system commonly known as the
12Internet, or any comparable system or service and also
13includes, but is not limited to, a World Wide Web page,
14newsgroup, message board, mailing list, or chat area on any
15interactive computer service or system or other online
16service.
17    "Library card" means a card or plate issued by a library
18facility for purposes of identifying the person to whom the
19library card was issued as authorized to borrow library
20material, subject to all limitations and conditions imposed on
21the borrowing by the library facility issuing such card.
22    "Library facility" includes any public library or museum,
23or any library or museum of an educational, historical or
24eleemosynary institution, organization or society.
25    "Library material" includes any book, plate, picture,
26photograph, engraving, painting, sculpture, statue, artifact,

 

 

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1drawing, map, newspaper, pamphlet, broadside, magazine,
2manuscript, document, letter, microfilm, sound recording,
3audiovisual material, magnetic or other tape, electronic data
4processing record or other documentary, written or printed
5material regardless of physical form or characteristics, or
6any part thereof, belonging to, or on loan to or otherwise in
7the custody of a library facility.
8    "Manufacture or assembly of an unlawful access device"
9means to make, produce or assemble an unlawful access device
10or to modify, alter, program or re-program any instrument,
11device, machine, equipment or software so that it is capable
12of defeating or circumventing any technology, device or
13software used by the provider, owner or licensee of a
14communication service or of any data, audio or video programs
15or transmissions to protect any such communication, data,
16audio or video services, programs or transmissions from
17unauthorized access, acquisition, disclosure, receipt,
18decryption, communication, transmission or re-transmission.
19    "Manufacture or assembly of an unlawful communication
20device" means to make, produce or assemble an unlawful
21communication or wireless device or to modify, alter, program
22or reprogram a communication or wireless device to be capable
23of acquiring, disrupting, receiving, transmitting, decrypting,
24or facilitating the acquisition, disruption, receipt,
25transmission or decryption of, a communication service without
26the express consent or express authorization of the

 

 

10200HB1091sam003- 18 -LRB102 03105 RLC 38821 a

1communication service provider, or to knowingly assist others
2in those activities.
3    "Master sound recording" means the original physical
4object on which a given set of sounds were first recorded and
5which the original object from which all subsequent sound
6recordings embodying the same set of sounds are directly or
7indirectly derived.
8    "Merchandise" means any item of tangible personal
9property, including motor fuel.
10    "Merchant" means an owner or operator of any retail
11mercantile establishment or any agent, employee, lessee,
12consignee, officer, director, franchisee, or independent
13contractor of the owner or operator. "Merchant" also means a
14person who receives from an authorized user of a payment card,
15or someone the person believes to be an authorized user, a
16payment card or information from a payment card, or what the
17person believes to be a payment card or information from a
18payment card, as the instrument for obtaining, purchasing or
19receiving goods, services, money, or anything else of value
20from the person.
21    "Motor fuel" means a liquid, regardless of its properties,
22used to propel a vehicle, including gasoline and diesel.
23    "Online" means the use of any electronic or wireless
24device to access the Internet.
25    "Online marketplace" means any person or entity that:
26        (1) operates a consumer-directed electronically based

 

 

10200HB1091sam003- 19 -LRB102 03105 RLC 38821 a

1    or accessed platform that includes features that allow
2    for, facilitate, or enable online third-party sellers to
3    engage in the sale, purchase, payment, storage, shipping,
4    or delivery of merchandise in this State and is used by one
5    or more online third-party sellers for such purposes; and
6        (2) has a contractual or similar relationship with
7    consumers governing their use of the platform to purchase
8    merchandise.
9    "Payment card" means a credit card, charge card, debit
10card, or any other card that is issued to an authorized card
11user and that allows the user to obtain, purchase, or receive
12goods, services, money, or anything else of value from a
13merchant.
14    "Person with a disability" means a person who suffers from
15a physical or mental impairment resulting from disease,
16injury, functional disorder or congenital condition that
17impairs the individual's mental or physical ability to
18independently manage his or her property or financial
19resources, or both.
20    "Personal identification document" means a birth
21certificate, a driver's license, a State identification card,
22a public, government, or private employment identification
23card, a social security card, a firearm owner's identification
24card, a credit card, a debit card, or a passport issued to or
25on behalf of a person other than the offender, or any document
26made or issued, or falsely purported to have been made or

 

 

10200HB1091sam003- 20 -LRB102 03105 RLC 38821 a

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

 

 

10200HB1091sam003- 21 -LRB102 03105 RLC 38821 a

1        (10) The number assigned to a person's credit or debit
2    card, commonly known as a "Visa Card", "MasterCard",
3    "American Express Card", "Discover Card", or other similar
4    cards whether issued by a financial institution,
5    corporation, or business entity.
6        (11) Personal identification numbers.
7        (12) Electronic identification numbers.
8        (13) Digital signals.
9        (14) User names, passwords, and any other word,
10    number, character or combination of the same usable in
11    whole or part to access information relating to a specific
12    individual, or to the actions taken, communications made
13    or received, or other activities or transactions of a
14    specific individual.
15        (15) Any other numbers or information which can be
16    used to access a person's financial resources, or to
17    identify a specific individual, or the actions taken,
18    communications made or received, or other activities or
19    transactions of a specific individual.
20    "Premises of a retail mercantile establishment" includes,
21but is not limited to, the retail mercantile establishment;
22any common use areas in shopping centers; and all parking
23areas set aside by a merchant or on behalf of a merchant for
24the parking of vehicles for the convenience of the patrons of
25such retail mercantile establishment.
26    "Public water, gas, or power supply, or other public

 

 

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1services" mean any service subject to regulation by the
2Illinois Commerce Commission; any service furnished by a
3public utility that is owned and operated by any political
4subdivision, public institution of higher education or
5municipal corporation of this State; any service furnished by
6any public utility that is owned by such political
7subdivision, public institution of higher education, or
8municipal corporation and operated by any of its lessees or
9operating agents; any service furnished by an electric
10cooperative as defined in Section 3.4 of the Electric Supplier
11Act; or wireless service or other service regulated by the
12Federal Communications Commission.
13    "Publish" means to communicate or disseminate information
14to any one or more persons, either orally, in person, or by
15telephone, radio or television or in writing of any kind,
16including, without limitation, a letter or memorandum,
17circular or handbill, newspaper or magazine article or book.
18    "Radio frequency identification device" means any
19implement, computer file, computer disc, electronic device,
20computer hardware, computer software, or instrument that is
21used to activate, read, receive, or decode information stored
22on a RFID tag or transponder attached to a personal
23identification document.
24    "RFID tag or transponder" means a chip or device that
25contains personal identifying information from which the
26personal identifying information can be read or decoded by

 

 

10200HB1091sam003- 23 -LRB102 03105 RLC 38821 a

1another device emitting a radio frequency that activates or
2powers a radio frequency emission response from the chip or
3transponder.
4    "Reencoder" means an electronic device that places encoded
5information from the magnetic strip or stripe of a payment
6card onto the magnetic strip or stripe of a different payment
7card.
8    "Retail mercantile establishment" means any place where
9merchandise is displayed, held, stored or offered for sale to
10the public.
11    "Scanning device" means a scanner, reader, or any other
12electronic device that is used to access, read, scan, obtain,
13memorize, or store, temporarily or permanently, information
14encoded on the magnetic strip or stripe of a payment card.
15    "Shopping cart" means those push carts of the type or
16types which are commonly provided by grocery stores, drug
17stores or other retail mercantile establishments for the use
18of the public in transporting commodities in stores and
19markets and, incidentally, from the stores to a place outside
20the store.
21    "Sound or audio visual recording" means any sound or audio
22visual phonograph record, disc, pre-recorded tape, film, wire,
23magnetic tape or other object, device or medium, now known or
24hereafter invented, by which sounds or images may be
25reproduced with or without the use of any additional machine,
26equipment or device.

 

 

10200HB1091sam003- 24 -LRB102 03105 RLC 38821 a

1    "Stored value card" means any card, gift card, instrument,
2or device issued with or without fee for the use of the
3cardholder to obtain money, goods, services, or anything else
4of value. Stored value cards include, but are not limited to,
5cards issued for use as a stored value card or gift card, and
6an account identification number or symbol used to identify a
7stored value card. "Stored value card" does not include a
8prepaid card usable at multiple, unaffiliated merchants or at
9automated teller machines, or both. "Stored value card" shall
10only apply to Section 16-25.1 of this Act.
11    "Theft detection device remover" means any tool or device
12specifically designed and intended to be used to remove any
13theft detection device from any merchandise.
14    "Under-ring" means to cause the cash register or other
15sales recording device to reflect less than the full retail
16value of the merchandise.
17    "Unidentified sound or audio visual recording" means a
18sound or audio visual recording without the actual name and
19full and correct street address of the manufacturer, and the
20name of the actual performers or groups prominently and
21legibly printed on the outside cover or jacket and on the label
22of such sound or audio visual recording.
23    "Unlawful access device" means any type of instrument,
24device, machine, equipment, technology, or software which is
25primarily possessed, used, designed, assembled, manufactured,
26sold, distributed or offered, promoted or advertised for the

 

 

10200HB1091sam003- 25 -LRB102 03105 RLC 38821 a

1purpose of defeating or circumventing any technology, device
2or software, or any component or part thereof, used by the
3provider, owner or licensee of any communication service or of
4any data, audio or video programs or transmissions to protect
5any such communication, audio or video services, programs or
6transmissions from unauthorized access, acquisition, receipt,
7decryption, disclosure, communication, transmission or
8re-transmission.
9    "Unlawful communication device" means any electronic
10serial number, mobile identification number, personal
11identification number or any communication or wireless device
12that is capable of acquiring or facilitating the acquisition
13of a communication service without the express consent or
14express authorization of the communication service provider,
15or that has been altered, modified, programmed or
16reprogrammed, alone or in conjunction with another
17communication or wireless device or other equipment, to so
18acquire or facilitate the unauthorized acquisition of a
19communication service. "Unlawful communication device" also
20means:
21        (1) any phone altered to obtain service without the
22    express consent or express authorization of the
23    communication service provider, tumbler phone, counterfeit
24    or clone phone, tumbler microchip, counterfeit or clone
25    microchip, scanning receiver of wireless communication
26    service or other instrument capable of disguising its

 

 

10200HB1091sam003- 26 -LRB102 03105 RLC 38821 a

1    identity or location or of gaining unauthorized access to
2    a communications or wireless system operated by a
3    communication service provider; and
4        (2) any communication or wireless device which is
5    capable of, or has been altered, designed, modified,
6    programmed or reprogrammed, alone or in conjunction with
7    another communication or wireless device or devices, so as
8    to be capable of, facilitating the disruption,
9    acquisition, receipt, transmission or decryption of a
10    communication service without the express consent or
11    express authorization of the communication service
12    provider, including, but not limited to, any device,
13    technology, product, service, equipment, computer software
14    or component or part thereof, primarily distributed, sold,
15    designed, assembled, manufactured, modified, programmed,
16    reprogrammed or used for the purpose of providing the
17    unauthorized receipt of, transmission of, disruption of,
18    decryption of, access to or acquisition of any
19    communication service provided by any communication
20    service provider.
21    "Vehicle" means a motor vehicle, motorcycle, or farm
22implement that is self-propelled and that uses motor fuel for
23propulsion.
24    "Wireless device" includes any type of instrument, device,
25machine, or equipment that is capable of transmitting or
26receiving telephonic, electronic or radio communications, or

 

 

10200HB1091sam003- 27 -LRB102 03105 RLC 38821 a

1any part of such instrument, device, machine, or equipment, or
2any computer circuit, computer chip, electronic mechanism, or
3other component that is capable of facilitating the
4transmission or reception of telephonic, electronic, or radio
5communications.
6(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
71-1-12; 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/16-25.1 new)
9    Sec. 16-25.1. Organized retail crime.
10    (a) A person commits organized retail crime when that
11individual, in concert with another individual or any group of
12individuals, knowingly does any of the following:
13        (1) engages in conduct in which one or more of the
14    following apply:
15            (A) commits the act of retail theft from one or
16        more retail mercantile establishments, if the
17        aggregate value of the merchandise exceeds $300, and
18        has the intent or purpose of reselling the merchandise
19        or otherwise having the merchandise reenter the stream
20        of commerce, including the transfer of the merchandise
21        to another retail mercantile establishment or to any
22        other individual personally, through the mail, or
23        through any electronic medium, including the Internet
24        or online marketplace, in exchange for anything of
25        value;

 

 

10200HB1091sam003- 28 -LRB102 03105 RLC 38821 a

1            (B) commits the act of retail theft from one or
2        more retail mercantile establishments, and in the
3        course of or in furtherance of such crime or flight
4        therefrom:
5                (i) the individual assaults another on the
6            premises of the retail mercantile establishment;
7            or
8                (ii) the individual destroys, damages, or
9            defaces the property of the retail mercantile
10            establishment; or
11            (C) commits the theft of the merchandise while the
12        merchandise is in transit from the manufacturer to the
13        retail mercantile establishment and has the intent to
14        resell that merchandise.
15        (2) recruits, organizes, supervises, finances, or
16    otherwise manages or directs another individual in
17    engaging in conduct described in paragraph (1);
18        (3) conspires with another individual to engage in
19    conduct described in paragraph (1);
20        (4) obtains control over property for sale or resale
21    knowing the property to have been stolen or under such
22    circumstances as would reasonably induce the individual to
23    believe that the property was stolen;
24        (5) obtains or exerts control over property in the
25    custody of any law enforcement agency that any law
26    enforcement officer or any individual acting on behalf of

 

 

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1    a law enforcement agency explicitly represents to the
2    person as being stolen or represents to the person such
3    circumstances as would reasonably induce the person to
4    believe that the property was stolen, and:
5            (A) intends to deprive the owner permanently of
6        the use or benefit of the property; or
7            (B) knowingly uses, conceals, or abandons the
8        property in such a manner as to deprive the owner
9        permanently of the use or benefit of the property; or
10            (C) uses, conceals, or abandons the property
11        knowing such use, concealment, or abandonment probably
12        will deprive the owner permanently of the use or
13        benefit of the property;
14        (6) purchases a wireless telecommunication device
15    using fraudulent credit or procures a wireless
16    telecommunications service agreement with the intent to
17    defraud another individual or to breach that agreement, or
18    uses another individual to obtain a wireless
19    telecommunications service agreement with the intent to
20    defraud another individual or to breach that agreement;
21        (7) receives, possesses, or purchases any merchandise
22    or stored value cards obtained from a fraudulent return
23    with the knowledge that the property was obtained in
24    violation of this Section or Section 16-25;
25        (8) removes, destroys, deactivates, or knowingly
26    evades any component of an anti-shoplifting or inventory

 

 

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1    control device to prevent the activation of that device to
2    aid one or more individuals in engaging in conduct
3    described in paragraph (1);
4        (9) uses any artifice, instrument, container, device,
5    or other article to aid one or more individuals in
6    engaging in conduct described in paragraph (1);
7        (10) causes an emergency alarm to sound or otherwise
8    activates, deactivates, or prevents an emergency alarm
9    from sounding to aid one or more individuals in engaging
10    in conduct described in paragraph (1); or
11        (11) damages, destroys, or defaces the property of a
12    retail mercantile establishment while engaging in conduct
13    described in subparagraph (A) or (C) of paragraph (1).
14    (b) In a prosecution under paragraph (7) of subsection
15(a), the trier of fact may infer from the defendant's receipt,
16possession, or purchase of 10 or more stored value cards and
17the aggregate value of the stored value cards exceeds $300 in a
1814-day period from the same individual or merchant that the
19property was obtained in violation of this Section or Section
2016-25.
21    (c) If acts or omissions constituting any part of the
22commission of the charged offense under this Section occurred
23in more than one county, each county has concurrent venue. If
24the charged offenses under this Section occurred in more than
25one county, the counties may join the offenses in a single
26criminal pleading and have concurrent venue as to all charged

 

 

10200HB1091sam003- 31 -LRB102 03105 RLC 38821 a

1offenses. When counties have concurrent venue, the first
2county in which a criminal complaint, information, or
3indictment is issued in the case becomes the county with
4exclusive venue. A violation of organized retail crime may be
5investigated, indicted, and prosecuted pursuant to the
6Statewide Grand Jury Act.
7    (d) Sentence. A violation of subdivision (1)(A),
8(1)(B)(i), or (1)(C) or paragraph (3), (4), or (5) of
9subsection (a) of this Section is a Class 3 felony. A violation
10of paragraph (6) or (7) of subsection (a) is a Class 4 felony.
11A violation of subdivision (1)(B)(ii) or paragraph (2), (8),
12(9), (10), or (11) of subsection (a) is a Class 2 felony.
 
13    (720 ILCS 5/16-25.2 new)
14    Sec. 16-25.2. Retail loss prevention report and notice
15requirements.
16    (a) A retail mercantile establishment that is a victim of
17a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
18have the right:
19        (1) to timely notification of all court proceedings as
20    defined under subsection (e) of Section 3 of the Rights of
21    Crime Victims and Witnesses Act. Timely notice shall
22    include 7 days' notice of any court proceedings. Timely
23    notice shall be sent to the location of the retail
24    mercantile establishment where the violation occurred and
25    to the point of contact as provided by the retail

 

 

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1    mercantile establishment. The point of contact may be any
2    employee of the retail mercantile establishment or
3    representative as provided by the retail mercantile
4    establishment;
5        (2) to communicate with the prosecution;
6        (3) to be reasonably heard at any post-arraignment
7    court proceeding in which a right of the victim is at issue
8    and any court proceeding involving a post-arraignment
9    release decision, plea, or sentencing;
10        (4) to be notified of the conviction, the sentence,
11    the imprisonment, and the release of the accused; and
12        (5) to have present at all court proceedings subject
13    to the rules of evidence an advocate of the retail
14    mercantile establishment's choice.
15    (b) Unless a retail mercantile establishment refuses to
16file a report regarding the incident, the law enforcement
17agency having jurisdiction shall file a report concerning the
18incident with the State's Attorney. No law enforcement agent
19shall discourage or attempt to discourage a retail mercantile
20establishment from filing a police report concerning the
21incident. Upon the request of the retail mercantile
22establishment, the law enforcement agency having jurisdiction
23shall provide a free copy of the police report concerning the
24incident, as soon as practicable, but in no event later than 5
25business days after the request. The Illinois Law Enforcement
26Training Standards Board shall not consider any allegation of

 

 

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1a violation of this subsection that is contained in a
2complaint made under Section 1-35 of the Police and Community
3Relations Improvement Act.
 
4    (720 ILCS 5/17-37)
5    Sec. 17-37. Use of credit or debit card with intent to
6defraud.
7    (a) A cardholder who uses a credit card or debit card
8issued to him or her, or allows another person to use a credit
9card or debit card issued to him or her, with intent to defraud
10the issuer, or a person providing an item or items of value, or
11any other person is guilty of a Class A misdemeanor if the
12value of all items of value does not exceed $150 in any 6-month
13period; and is guilty of a Class 4 felony if the value exceeds
14$150 in any 6-month period.
15    (b) Where an investigation into an intent to defraud under
16subsection (a) occurs, issuers shall consider a merchant's
17timely submission of compelling evidence under the applicable
18dispute management guidelines of the card association with
19whom the merchant maintains an agreement. A merchant shall
20comply with merchant responsibilities under any such
21agreement.
22(Source: P.A. 96-1551, eff. 7-1-11.)
 
23    Section 2-10. The Statewide Grand Jury Act is amended by
24changing Sections 2, 3, and 4 as follows:
 

 

 

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1    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
2    Sec. 2. (a) County grand juries and State's Attorneys have
3always had and shall continue to have primary responsibility
4for investigating, indicting, and prosecuting persons who
5violate the criminal laws of the State of Illinois. However,
6in recent years organized terrorist activity directed against
7innocent civilians and certain criminal enterprises have
8developed that require investigation, indictment, and
9prosecution on a statewide or multicounty level. The criminal
10enterprises exist as a result of the allure of profitability
11present in narcotic activity, the unlawful sale and transfer
12of firearms, and streetgang related felonies and organized
13terrorist activity is supported by the contribution of money
14and expert assistance from geographically diverse sources. In
15order to shut off the life blood of terrorism and weaken or
16eliminate the criminal enterprises, assets, and property used
17to further these offenses must be frozen, and any profit must
18be removed. State statutes exist that can accomplish that
19goal. Among them are the offense of money laundering,
20violations of Article 29D of the Criminal Code of 1961 or the
21Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
22and gunrunning. Local prosecutors need investigative personnel
23and specialized training to attack and eliminate these
24profits. In light of the transitory and complex nature of
25conduct that constitutes these criminal activities, the many

 

 

10200HB1091sam003- 35 -LRB102 03105 RLC 38821 a

1diverse property interests that may be used, acquired directly
2or indirectly as a result of these criminal activities, and
3the many places that illegally obtained property may be
4located, it is the purpose of this Act to create a limited,
5multicounty Statewide Grand Jury with authority to
6investigate, indict, and prosecute: narcotic activity,
7including cannabis and controlled substance trafficking,
8narcotics racketeering, money laundering, violations of the
9Cannabis and Controlled Substances Tax Act, and violations of
10Article 29D of the Criminal Code of 1961 or the Criminal Code
11of 2012; the unlawful sale and transfer of firearms;
12gunrunning; and streetgang related felonies.
13    (b) A Statewide Grand Jury may also investigate, indict,
14and prosecute violations facilitated by the use of a computer
15of any of the following offenses: indecent solicitation of a
16child, sexual exploitation of a child, soliciting for a
17juvenile prostitute, keeping a place of juvenile prostitution,
18juvenile pimping, child pornography, aggravated child
19pornography, or promoting juvenile prostitution except as
20described in subdivision (a)(4) of Section 11-14.4 of the
21Criminal Code of 1961 or the Criminal Code of 2012.
22    (c) A Statewide Grand Jury may also investigate, indict,
23and prosecute violations of organized retail crime.
24(Source: P.A. 101-593, eff. 12-4-19.)
 
25    (725 ILCS 215/3)  (from Ch. 38, par. 1703)

 

 

10200HB1091sam003- 36 -LRB102 03105 RLC 38821 a

1    Sec. 3. Written application for the appointment of a
2Circuit Judge to convene and preside over a Statewide Grand
3Jury, with jurisdiction extending throughout the State, shall
4be made to the Chief Justice of the Supreme Court. Upon such
5written application, the Chief Justice of the Supreme Court
6shall appoint a Circuit Judge from the circuit where the
7Statewide Grand Jury is being sought to be convened, who shall
8make a determination that the convening of a Statewide Grand
9Jury is necessary.
10    In such application the Attorney General shall state that
11the convening of a Statewide Grand Jury is necessary because
12of an alleged offense or offenses set forth in this Section
13involving more than one county of the State and identifying
14any such offense alleged; and
15        (a) that he or she believes that the grand jury
16    function for the investigation and indictment of the
17    offense or offenses cannot effectively be performed by a
18    county grand jury together with the reasons for such
19    belief, and
20        (b)(1) that each State's Attorney with jurisdiction
21    over an offense or offenses to be investigated has
22    consented to the impaneling of the Statewide Grand Jury,
23    or
24        (2) if one or more of the State's Attorneys having
25    jurisdiction over an offense or offenses to be
26    investigated fails to consent to the impaneling of the

 

 

10200HB1091sam003- 37 -LRB102 03105 RLC 38821 a

1    Statewide Grand Jury, the Attorney General shall set forth
2    good cause for impaneling the Statewide Grand Jury.
3    If the Circuit Judge determines that the convening of a
4Statewide Grand Jury is necessary, he or she shall convene and
5impanel the Statewide Grand Jury with jurisdiction extending
6throughout the State to investigate and return indictments:
7        (a) For violations of any of the following or for any
8    other criminal offense committed in the course of
9    violating any of the following: Article 29D of the
10    Criminal Code of 1961 or the Criminal Code of 2012, the
11    Illinois Controlled Substances Act, the Cannabis Control
12    Act, the Methamphetamine Control and Community Protection
13    Act, or the Narcotics Profit Forfeiture Act; a streetgang
14    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
15    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
16    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
17    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
18    of 1961 or the Criminal Code of 2012; or a money laundering
19    offense; provided that the violation or offense involves
20    acts occurring in more than one county of this State; and
21        (a-5) For violations facilitated by the use of a
22    computer, including the use of the Internet, the World
23    Wide Web, electronic mail, message board, newsgroup, or
24    any other commercial or noncommercial on-line service, of
25    any of the following offenses: indecent solicitation of a
26    child, sexual exploitation of a child, soliciting for a

 

 

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1    juvenile prostitute, keeping a place of juvenile
2    prostitution, juvenile pimping, child pornography,
3    aggravated child pornography, or promoting juvenile
4    prostitution except as described in subdivision (a)(4) of
5    Section 11-14.4 of the Criminal Code of 1961 or the
6    Criminal Code of 2012; and
7        (b) For the offenses of perjury, subornation of
8    perjury, communicating with jurors and witnesses, and
9    harassment of jurors and witnesses, as they relate to
10    matters before the Statewide Grand Jury.
11    "Streetgang related" has the meaning ascribed to it in
12Section 10 of the Illinois Streetgang Terrorism Omnibus
13Prevention Act.
14    Upon written application by the Attorney General for the
15convening of an additional Statewide Grand Jury, the Chief
16Justice of the Supreme Court shall appoint a Circuit Judge
17from the circuit for which the additional Statewide Grand Jury
18is sought. The Circuit Judge shall determine the necessity for
19an additional Statewide Grand Jury in accordance with the
20provisions of this Section. No more than 2 Statewide Grand
21Juries may be empaneled at any time.
22(Source: P.A. 101-593, eff. 12-4-19.)
 
23    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
24    Sec. 4. (a) The presiding judge of the Statewide Grand
25Jury will receive recommendations from the Attorney General as

 

 

10200HB1091sam003- 39 -LRB102 03105 RLC 38821 a

1to the county in which the Grand Jury will sit. Prior to making
2the recommendations, the Attorney General shall obtain the
3permission of the local State's Attorney to use his or her
4county for the site of the Statewide Grand Jury. Upon
5receiving the Attorney General's recommendations, the
6presiding judge will choose one of those recommended locations
7as the site where the Grand Jury shall sit.
8    Any indictment by a Statewide Grand Jury shall be returned
9to the Circuit Judge presiding over the Statewide Grand Jury
10and shall include a finding as to the county or counties in
11which the alleged offense was committed. Thereupon, the judge
12shall, by order, designate the county of venue for the purpose
13of trial. The judge may also, by order, direct the
14consolidation of an indictment returned by a county grand jury
15with an indictment returned by the Statewide Grand Jury and
16set venue for trial.
17    (b) Venue for purposes of trial for the offense of
18narcotics racketeering shall be proper in any county where:
19        (1) Cannabis or a controlled substance which is the
20    basis for the charge of narcotics racketeering was used;
21    acquired; transferred or distributed to, from or through;
22    or any county where any act was performed to further the
23    use; acquisition, transfer or distribution of said
24    cannabis or controlled substance; or
25        (2) Any money, property, property interest, or any
26    other asset generated by narcotics activities was

 

 

10200HB1091sam003- 40 -LRB102 03105 RLC 38821 a

1    acquired, used, sold, transferred or distributed to, from
2    or through; or,
3        (3) Any enterprise interest obtained as a result of
4    narcotics racketeering was acquired, used, transferred or
5    distributed to, from or through, or where any activity was
6    conducted by the enterprise or any conduct to further the
7    interests of such an enterprise.
8    (c) Venue for purposes of trial for the offense of money
9laundering shall be proper in any county where any part of a
10financial transaction in criminally derived property took
11place, or in any county where any money or monetary interest
12which is the basis for the offense, was acquired, used, sold,
13transferred or distributed to, from, or through.
14    (d) A person who commits the offense of cannabis
15trafficking or controlled substance trafficking may be tried
16in any county.
17    (e) Venue for purposes of trial for any violation of
18Article 29D of the Criminal Code of 1961 or the Criminal Code
19of 2012 may be in the county in which an act of terrorism
20occurs, the county in which material support or resources are
21provided or solicited, the county in which criminal assistance
22is rendered, or any county in which any act in furtherance of
23any violation of Article 29D of the Criminal Code of 1961 or
24the Criminal Code of 2012 occurs.
25    (f) Venue for purposes of trial for the offense of
26organized retail crime shall be proper in any county where:

 

 

10200HB1091sam003- 41 -LRB102 03105 RLC 38821 a

1        (1) any property, property interest, asset, money, or
2    thing of value that is the basis for the charge of
3    organized retail crime was used, acquired, transferred, or
4    distributed to, from, or through; or any county where any
5    act was performed to further the use, acquisition,
6    transfer, or distribution of the property, property
7    interest, asset, money, or thing or value; or
8        (2) any enterprise interest obtained as a result of
9    organized retail crime was acquired, used, transferred, or
10    distributed to, from, or through, or where any activity
11    was conducted by the enterprise or any conduct to further
12    the interests of such an enterprise.
13(Source: P.A. 97-1150, eff. 1-25-13.)
 
14
Article 99.

 
15    Section 99-99. Effective date. This Act takes effect upon
16becoming law, except that Article 1 of this Act takes effect
17January 1, 2023.".