Full Text of HB2697 94th General Assembly
HB2697enr 94TH GENERAL ASSEMBLY
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HB2697 Enrolled |
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LRB094 09127 RLC 39358 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16G-10 and by adding Section 16G-14 as follows:
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| (720 ILCS 5/16G-10)
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| Sec. 16G-10. Definitions. In this Article unless the | 8 |
| context otherwise
requires:
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| (a) "Personal identification document" means a birth | 10 |
| certificate, a drivers
license, a State identification
card, a | 11 |
| public, government, or private employment identification card, | 12 |
| a social
security card, a firearm
owner's identification card, | 13 |
| a credit card, a debit card, or a passport issued
to
or on | 14 |
| behalf of a person other
than the offender,
or any document | 15 |
| made or issued, or falsely purported to have been made or
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| issued, by or under the authority of the United States | 17 |
| Government, the State of
Illinois, or any other State political | 18 |
| subdivision of any state, or any other
governmental or | 19 |
| quasi-governmental organization that is of a type intended for
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| the
purpose of identification of an individual,
or any such | 21 |
| document made or altered in a manner that it falsely
purports | 22 |
| to have been
made on behalf of or issued to another person or | 23 |
| by the authority of one who
did not give that authority.
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| (b) "Personal identifying information" means any of the | 25 |
| following
information:
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| (1) A person's name;
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| (2) A person's address;
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| (2.5) A person's date of birth;
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| (3) A person's telephone number;
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| (4) A person's drivers license number or State of | 31 |
| Illinois identification
card as assigned by the
Secretary | 32 |
| of State of the State of Illinois or a similar agency of |
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| another
state;
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| (5) A person's Social Security number;
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| (6) A person's public, private, or government | 4 |
| employer, place of
employment, or employment
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| identification number;
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| (7) The maiden name of a person's mother;
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| (8) The number assigned to a person's depository | 8 |
| account, savings account,
or brokerage
account;
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| (9) The number assigned to a person's credit or debit | 10 |
| card, commonly known
as a "Visa Card",
"Master Card", | 11 |
| "American Express Card", "Discover Card", or other similar | 12 |
| cards
whether issued by a
financial institution, | 13 |
| corporation, or business entity;
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| (10) Personal identification numbers;
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| (11) Electronic identification numbers;
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| (12) Digital signals;
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| (13) Any other numbers or information which can be used | 18 |
| to access a
person's financial
resources, or to identify a | 19 |
| specific individual.
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| (c) "Document-making implement" means any implement, | 21 |
| impression, template,
computer file, computer disc, electronic | 22 |
| device, computer hardware, computer
software, instrument, or | 23 |
| device that is used to make a real or fictitious or
fraudulent | 24 |
| personal identification document. | 25 |
| (d) "Financial transaction device" means any of the | 26 |
| following: | 27 |
| (1) An electronic funds transfer card. | 28 |
| (2) A credit card. | 29 |
| (3) A debit card. | 30 |
| (4) A point-of-sale card. | 31 |
| (5) Any instrument, device, card, plate, code, account | 32 |
| number, personal identification number, or a record
or copy | 33 |
| of a code, account number, or personal identification | 34 |
| number or other means of access to a credit
account or | 35 |
| deposit account, or a driver's license or state | 36 |
| identification card used to access a proprietary
account, |
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| other than access originated solely by a paper instrument, | 2 |
| that can be used alone or in conjunction
with another | 3 |
| access device, for any of the following purposes: | 4 |
| (A) Obtaining money, cash refund or credit | 5 |
| account, credit, goods, services, or any other thing of | 6 |
| value. | 7 |
| (B) Certifying or guaranteeing to a person or | 8 |
| business the availability to the device holder of funds | 9 |
| on
deposit to honor a draft or check payable to the | 10 |
| order of that person or business. | 11 |
| (C) Providing the device holder access to a deposit | 12 |
| account for the purpose of making deposits,
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| withdrawing funds, transferring funds between deposit | 14 |
| accounts, obtaining information pertaining to a | 15 |
| deposit
account, or making an electronic funds | 16 |
| transfer.
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| (Source: P.A. 93-401, eff. 7-31-03.)
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| (720 ILCS 5/16G-14 new) | 19 |
| Sec. 16G-14. Transmission of personal identifying | 20 |
| information prohibited. | 21 |
| (a) A person who is not a party to a transaction that | 22 |
| involves the use of a financial transaction device may not | 23 |
| secretly or surreptitiously photograph, or otherwise capture | 24 |
| or record, electronically or by any other means, or distribute, | 25 |
| disseminate, or transmit, electronically or by any other means, | 26 |
| personal identifying information from the transaction without | 27 |
| the consent of the person whose information is photographed, or | 28 |
| otherwise captured, recorded, distributed, disseminated, or | 29 |
| transmitted. | 30 |
| (b) This Section does not: | 31 |
| (1) prohibit the capture or transmission of personal | 32 |
| identifying information in the ordinary and lawful course | 33 |
| of business; | 34 |
| (2) apply to a peace officer of this State, or of the | 35 |
| federal government, or the officer's agent, while in the |
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| lawful performance of the officer's duties; | 2 |
| (3) prohibit a person from being charged with, | 3 |
| convicted of, or punished for any other violation of law | 4 |
| committed by that person while violating or attempting to | 5 |
| violate this Section. | 6 |
| (c) Sentence. A person who violates this Section is guilty | 7 |
| of a Class A misdemeanor.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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