Full Text of SB2972 100th General Assembly
SB2972 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2972 Introduced 2/15/2018, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-6 | from Ch. 38, par. 16-6 |
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Amends the Criminal Code of 2012. Provides that a violation of the use of a scanning device or reencoder to defraud when the person knowingly uses a scanning device to access, read, obtain, memorize, or store,
temporarily or permanently, information encoded on the magnetic strip or
stripe of a payment card without the permission of the authorized user of
the payment card and with the intent to defraud the authorized user, the
issuer of the authorized user's payment card, or a merchant; or a reencoder to place information encoded on the magnetic strip or
stripe of a payment card onto the magnetic strip or stripe of a different
card without the permission of the authorized user of the card from which
the information is being reencoded and with the intent to defraud the
authorized user, the issuer of the authorized user's payment card, or a
merchant is a Class 3 felony (rather than a Class 4 felony). Provides that a second or subsequent violation is a Class 2 felony (rather than a Class 3 felony). Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 16-6 as follows:
| 6 | | (720 ILCS 5/16-6) (from Ch. 38, par. 16-6)
| 7 | | Sec. 16-6. Theft-related devices.
| 8 | | (a)(1) A person commits unlawful possession of a key or | 9 | | device for a coin-operated machine when he or she possesses a | 10 | | key,
drawing, print, mold of a key, device, or substance
| 11 | | designed to open, break into, tamper with, or damage a | 12 | | coin-operated
machine, with intent to
commit a theft from the | 13 | | machine. | 14 | | (2)
A person commits unlawful use of a key or device for a | 15 | | coin-operated machine when he or she
with the intent to commit | 16 | | a theft from a coin-operated machine uses a key, drawing, | 17 | | print, mold of a key, device, or substance and causes
damage or | 18 | | loss to the coin-operated machine of more than $300.
| 19 | | (b)(1) A person commits unlawful use of a theft detection | 20 | | shielding device when he or she knowingly manufactures, sells, | 21 | | offers for sale or distributes any theft detection shielding | 22 | | device. | 23 | | (2) A person commits unlawful possession of a theft |
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| 1 | | detection shielding device when he or she knowingly possesses a | 2 | | theft detection shielding device with the intent to commit | 3 | | theft or retail theft. | 4 | | (3) A person commits unlawful possession of a theft | 5 | | detection device remover when he or she knowingly possesses a | 6 | | theft detection device remover with the intent to use such tool | 7 | | to remove any theft detection device from any merchandise | 8 | | without the permission of the merchant or person owning or | 9 | | holding the merchandise. | 10 | | (c) A person commits use of a scanning device or reencoder | 11 | | to defraud when the person knowingly uses: | 12 | | (1) a scanning device to access, read, obtain, | 13 | | memorize, or store,
temporarily or permanently, | 14 | | information encoded on the magnetic strip or
stripe of a | 15 | | payment card without the permission of the authorized user | 16 | | of
the payment card and with the intent to defraud the | 17 | | authorized user, the
issuer of the authorized user's | 18 | | payment card, or a merchant; or | 19 | | (2) a reencoder to place information encoded on the | 20 | | magnetic strip or
stripe of a payment card onto the | 21 | | magnetic strip or stripe of a different
card without the | 22 | | permission of the authorized user of the card from which
| 23 | | the information is being reencoded and with the intent to | 24 | | defraud the
authorized user, the issuer of the authorized | 25 | | user's payment card, or a
merchant. | 26 | | (d) Sentence. A violation of subdivision (a)(1), (b)(1), |
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| 1 | | (b)(2), or (b)(3) is a Class A misdemeanor. A second or | 2 | | subsequent violation of subdivision (b)(1), (b)(2), or (b)(3) | 3 | | is a Class 4 felony. A violation of subdivision (a)(2) , (c)(1), | 4 | | or (c)(2) is a Class 4 felony. A violation of subdivision | 5 | | (c)(1) or (c)(2) is a Class 3 felony. A second or subsequent | 6 | | violation of subdivision (c)(1) or (c)(2) is a Class 2 3 | 7 | | felony. | 8 | | (e) The owner of a coin-operated machine may maintain a | 9 | | civil cause of
action against a person engaged in the | 10 | | activities covered in subdivisions (a)(1) and (a)(2) and
may | 11 | | recover treble actual damages, reasonable attorney's fees, and | 12 | | costs.
| 13 | | (f) As used in this Section, "substance" means a corrosive | 14 | | or acidic
liquid or solid but does not include items purchased | 15 | | through a coin-operated
machine at the location or acquired as | 16 | | condiments at the location of the
coin-operated machine.
| 17 | | (g) For the purposes of this Section, "theft detection | 18 | | shielding device" means any laminated or coated bag or device | 19 | | peculiar to and marketed for shielding and intended to shield | 20 | | merchandise from detection by an electronic or magnetic theft | 21 | | alarm sensor. | 22 | | (Source: P.A. 97-597, eff. 1-1-12.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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