Full Text of HB5500 101st General Assembly
HB5500 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5500 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Includes in the definition of "computer" under the Deception and Fraud Article of the Code, a device or system that is located within, connected to, or otherwise integrated with, a motor vehicle as defined in the Illinois Vehicle Code.
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| | 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 17-0.5 as follows: | 6 | | (720 ILCS 5/17-0.5) | 7 | | Sec. 17-0.5. Definitions. In this Article: | 8 | | "Altered credit card or debit card" means any instrument
or | 9 | | device, whether known as a credit card or debit card, which has | 10 | | been
changed in any
respect by addition or deletion of any | 11 | | material, except for the signature
by the person to whom the | 12 | | card is issued. | 13 | | "Cardholder" means the person or organization named on the
| 14 | | face of a credit card or debit card to whom or for whose | 15 | | benefit the
credit card or debit card is issued by an issuer. | 16 | | "Computer" means a device that accepts, processes, stores, | 17 | | retrieves,
or outputs data and includes, but is not limited to, | 18 | | a device or system that is located within, connected to, or | 19 | | otherwise integrated with, a motor vehicle as defined in | 20 | | Section 1-146 of the Illinois Vehicle Code, auxiliary storage, | 21 | | including cloud-based networks of remote services hosted on the | 22 | | Internet, and
telecommunications devices connected to | 23 | | computers. |
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| 1 | | "Computer network" means a set of related, remotely | 2 | | connected
devices and any communications facilities including | 3 | | more than one
computer with the capability to transmit data | 4 | | between them through the
communications facilities. | 5 | | "Computer program" or "program" means a series of coded | 6 | | instructions or
statements in a form acceptable to a computer | 7 | | which causes the computer to
process data and supply the | 8 | | results of the data processing. | 9 | | "Computer services" means computer time or services, | 10 | | including data
processing services, Internet services, | 11 | | electronic mail services, electronic
message services, or | 12 | | information or data stored in connection therewith. | 13 | | "Counterfeit" means to manufacture, produce or create, by | 14 | | any
means, a credit card or debit card without the purported | 15 | | issuer's
consent or authorization. | 16 | | "Credit card" means any instrument or device, whether known | 17 | | as a credit
card, credit plate, charge plate or any other name, | 18 | | issued with or without
fee by an issuer for the use of the | 19 | | cardholder in obtaining money, goods,
services or anything else | 20 | | of value on credit or in consideration or an
undertaking or | 21 | | guaranty by the issuer of the payment of a check drawn by
the | 22 | | cardholder. | 23 | | "Data" means a representation in any form of information, | 24 | | knowledge, facts, concepts,
or instructions, including program | 25 | | documentation, which is prepared or has been prepared in a
| 26 | | formalized manner and is stored or processed in or transmitted |
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| 1 | | by a computer or in a system or network.
Data is considered | 2 | | property and may be in any form, including, but not
limited to, | 3 | | printouts, magnetic or optical storage media, punch cards, or
| 4 | | data stored internally in the memory of the computer. | 5 | | "Debit card" means any instrument or device, known by any
| 6 | | name, issued with or without fee by an issuer for the use of | 7 | | the cardholder
in obtaining money, goods, services, and | 8 | | anything else of value, payment of
which is made against funds | 9 | | previously deposited by the cardholder. A debit
card which also | 10 | | can be used to obtain money, goods, services and anything
else | 11 | | of value on credit shall not be considered a debit card when it | 12 | | is
being used to obtain money, goods, services or anything else | 13 | | of value on credit. | 14 | | "Document" includes, but is not limited to, any document, | 15 | | representation, or image produced manually, electronically, or | 16 | | by computer. | 17 | | "Electronic fund transfer terminal" means any machine or
| 18 | | device that, when properly activated, will perform any of the | 19 | | following services: | 20 | | (1) Dispense money as a debit to the cardholder's | 21 | | account; or | 22 | | (2) Print the cardholder's account balances on a | 23 | | statement; or | 24 | | (3) Transfer funds between a cardholder's accounts; or | 25 | | (4) Accept payments on a cardholder's loan; or | 26 | | (5) Dispense cash advances on an open end credit or a |
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| 1 | | revolving charge agreement; or | 2 | | (6) Accept deposits to a customer's account; or | 3 | | (7) Receive inquiries of verification of checks and | 4 | | dispense information
that verifies that funds are | 5 | | available to cover such checks; or | 6 | | (8) Cause money to be transferred electronically from a | 7 | | cardholder's
account to an account held by any business, | 8 | | firm, retail merchant,
corporation, or any other | 9 | | organization. | 10 | | "Electronic funds transfer system", hereafter referred to | 11 | | as
"EFT System", means that system whereby funds are | 12 | | transferred
electronically from a cardholder's account to any | 13 | | other account. | 14 | | "Electronic mail service provider" means any person who (i) | 15 | | is an
intermediary in sending or receiving electronic mail and | 16 | | (ii) provides to
end-users of electronic mail services the | 17 | | ability to send or receive electronic
mail. | 18 | | "Expired credit card or debit card" means a credit card
or | 19 | | debit card which is no longer valid because the term on it has | 20 | | elapsed. | 21 | | "False academic degree" means a certificate, diploma, | 22 | | transcript, or other
document purporting to be issued by an | 23 | | institution of higher learning or
purporting to indicate that a | 24 | | person has completed an organized academic
program of study at | 25 | | an institution of higher learning when the person has not
| 26 | | completed the organized academic program of study indicated
on |
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| 1 | | the certificate, diploma, transcript, or other document. | 2 | | "False claim" means any statement made to any insurer, | 3 | | purported
insurer, servicing corporation, insurance broker, or | 4 | | insurance agent, or any
agent or employee of one of those | 5 | | entities, and made as part of, or in support of, a
claim for
| 6 | | payment or other benefit under a policy of insurance, or as | 7 | | part of, or
in support of, an application for the issuance of, | 8 | | or the rating of, any
insurance policy, when the statement does | 9 | | any of the following: | 10 | | (1) Contains any false, incomplete, or
misleading | 11 | | information concerning any fact or thing material to the | 12 | | claim. | 13 | | (2) Conceals (i) the occurrence of an event that is | 14 | | material to any person's initial or
continued right or | 15 | | entitlement to any insurance benefit or payment or (ii) the
| 16 | | amount of any benefit or payment to which the person is | 17 | | entitled. | 18 | | "Financial institution" means any bank, savings and loan | 19 | | association, credit union, or other depository of money or | 20 | | medium of savings and collective investment. | 21 | | "Governmental entity" means: each officer, board, | 22 | | commission, and
agency created by the Constitution, whether in | 23 | | the executive, legislative, or
judicial branch of State | 24 | | government; each officer, department, board,
commission, | 25 | | agency, institution, authority, university, and body politic | 26 | | and
corporate of the State; each administrative unit or |
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| 1 | | corporate outgrowth of
State government that is created by or | 2 | | pursuant to
statute, including units of local government and | 3 | | their officers, school
districts, and boards of election | 4 | | commissioners; and each administrative unit
or corporate | 5 | | outgrowth of the foregoing items and as may be created by | 6 | | executive order of
the Governor. | 7 | | "Incomplete credit card or debit card" means a credit
card | 8 | | or debit card which is missing part of the matter other than | 9 | | the
signature of the cardholder which an issuer requires to | 10 | | appear on the
credit card or debit card before it can be used | 11 | | by a cardholder, and
this includes credit cards or debit cards | 12 | | which have not been stamped,
embossed, imprinted or written on. | 13 | | "Institution of higher learning" means a public or private | 14 | | college,
university, or community college located in the State | 15 | | of Illinois that is
authorized by the Board of Higher Education | 16 | | or the Illinois Community
College Board to issue post-secondary | 17 | | degrees, or a public or private college,
university, or | 18 | | community college located anywhere in the United States that is
| 19 | | or has been legally constituted to offer degrees and | 20 | | instruction in its state
of origin or incorporation. | 21 | | "Insurance company" means "company" as defined under | 22 | | Section 2 of the
Illinois Insurance Code. | 23 | | "Issuer" means the business organization or financial
| 24 | | institution which issues a credit card or debit card, or its | 25 | | duly authorized agent. | 26 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
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| 1 | | of this Code. | 2 | | "Person" means any individual, corporation, government, | 3 | | governmental
subdivision or agency, business trust, estate, | 4 | | trust, partnership or
association or any other entity. | 5 | | "Receives" or "receiving" means acquiring possession or | 6 | | control. | 7 | | "Record of charge form" means any document submitted or | 8 | | intended to be
submitted to an issuer as evidence of a credit | 9 | | transaction for which the
issuer has agreed to reimburse | 10 | | persons providing money, goods, property,
services or other | 11 | | things of value. | 12 | | "Revoked credit card or debit card" means a credit card
or | 13 | | debit card which is no longer valid because permission to use | 14 | | it has
been suspended or terminated by the issuer. | 15 | | "Sale" means any delivery for value. | 16 | | "Scheme or artifice to defraud" includes a scheme or | 17 | | artifice to deprive another of the intangible right to honest | 18 | | services. | 19 | | "Self-insured entity" means any person, business, | 20 | | partnership,
corporation, or organization that sets aside | 21 | | funds to meet his, her, or its
losses or to absorb fluctuations | 22 | | in the amount of loss, the losses being
charged against the | 23 | | funds set aside or accumulated. | 24 | | "Social networking website" means an Internet website | 25 | | containing profile web pages of the members of the website that | 26 | | include the names or nicknames of such members, photographs |
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| 1 | | placed on the profile web pages by such members, or any other | 2 | | personal or personally identifying information about such | 3 | | members and links to other profile web pages on social | 4 | | networking websites of friends or associates of such members | 5 | | that can be accessed by other members or visitors to the | 6 | | website. A social networking website provides members of or | 7 | | visitors to such website the ability to leave messages or | 8 | | comments on the profile web page that are visible to all or | 9 | | some visitors to the profile web page and may also include a | 10 | | form of electronic mail for members of the social networking | 11 | | website. | 12 | | "Statement" means any assertion, oral, written, or | 13 | | otherwise, and
includes, but is not limited to: any notice, | 14 | | letter, or memorandum; proof of
loss; bill of lading; receipt | 15 | | for payment; invoice, account, or other financial
statement; | 16 | | estimate of property damage; bill for services; diagnosis or
| 17 | | prognosis;
prescription; hospital, medical, or dental chart or | 18 | | other record, x-ray,
photograph, videotape, or movie film; test | 19 | | result; other evidence of loss,
injury, or expense; | 20 | | computer-generated document; and data in any form. | 21 | | "Universal Price Code Label" means a unique symbol that | 22 | | consists of a machine-readable code and human-readable | 23 | | numbers. | 24 | | "With intent to defraud" means to act knowingly, and with | 25 | | the specific intent to deceive or cheat, for the purpose of | 26 | | causing financial loss to another or bringing some financial |
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| 1 | | gain to oneself, regardless of whether any person was actually | 2 | | defrauded or deceived. This includes an intent to cause another | 3 | | to assume, create, transfer, alter, or terminate any right, | 4 | | obligation, or power with reference to any person or property.
| 5 | | (Source: P.A. 101-87, eff. 1-1-20 .)
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