Full Text of HB0839 101st General Assembly
HB0839 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0839 Introduced , by Rep. Katie Stuart 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 person also commits use of a scanning device or reencoder to defraud when the person knowingly possesses, sells, or delivers a scanning device or reencoder, other than for the purpose of processing information to facilitate a lawful financial transaction. Increases the penalties for use of a scanning device or reencoder to defraud from a Class 4 felony for a first offense to a Class 3 felony and for a second or subsequent offense from a Class 3 felony to a Class 2 felony. Provides that the knowing sale or delivery of the device or reencoder is a Class 2 felony for a first offense and a Class 1 felony for a second or subsequent offense.
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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 | | (c-5) A person also commits use of a scanning device or |
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| 1 | | reencoder to defraud when the person knowingly: | 2 | | (1) possesses or uses a scanning device or reencoder, | 3 | | other than for the purpose of processing information to | 4 | | facilitate a lawful financial transaction; or | 5 | | (2) sells or delivers a scanning device or reencoder, | 6 | | other than for the purpose of processing information to | 7 | | facilitate a lawful financial transaction. | 8 | | (d) Sentence. A violation of subdivision (a)(1), (b)(1), | 9 | | (b)(2), or (b)(3) is a Class A misdemeanor. A second or | 10 | | subsequent violation of subdivision (b)(1), (b)(2), or (b)(3) | 11 | | is a Class 4 felony. A violation of subdivision (a)(2) , (c)(1), | 12 | | or (c)(2) is a Class 4 felony. A violation of subdivision | 13 | | (c)(1) or (c)(2) or subdivision (c-5)(1) is a Class 3 felony | 14 | | for a first offense and a Class 2 felony for a second or | 15 | | subsequent offense. A violation of subdivision (c-5(2) is a | 16 | | Class 2 felony for a first offense and a Class 1 felony for a | 17 | | second or subsequent offense. A second or subsequent violation | 18 | | of subdivision (c)(1) or (c)(2) is a Class 3 felony. | 19 | | (e) The owner of a coin-operated machine may maintain a | 20 | | civil cause of
action against a person engaged in the | 21 | | activities covered in subdivisions (a)(1) and (a)(2) and
may | 22 | | recover treble actual damages, reasonable attorney's fees, and | 23 | | costs.
| 24 | | (f) As used in this Section, "substance" means a corrosive | 25 | | or acidic
liquid or solid but does not include items purchased | 26 | | through a coin-operated
machine at the location or acquired as |
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| 1 | | condiments at the location of the
coin-operated machine.
| 2 | | (g) For the purposes of this Section, "theft detection | 3 | | shielding device" means any laminated or coated bag or device | 4 | | peculiar to and marketed for shielding and intended to shield | 5 | | merchandise from detection by an electronic or magnetic theft | 6 | | alarm sensor. | 7 | | (Source: P.A. 97-597, eff. 1-1-12.)
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