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90_SB1044
205 ILCS 616/50
720 ILCS 250/3 from Ch. 17, par. 5916
720 ILCS 250/4 from Ch. 17, par. 5917
720 ILCS 250/5 from Ch. 17, par. 5918
720 ILCS 250/6 from Ch. 17, par. 5919
720 ILCS 250/7 from Ch. 17, par. 5920
720 ILCS 250/8 from Ch. 17, par. 5921
720 ILCS 250/12 from Ch. 17, par. 5925
Amends the Electronic Fund Transfer Act. Requires that
terminals display a notice of charges and a notice reminding
users to take their receipt and to protect their personal
identification number; requires that receipts given at
terminals partially obscure the user's account number that is
printed on the receipt. Amends the Illinois Credit Card and
Debit Card Act. With respect to certain offenses (including:
making a false written statement for the purpose of procuring
a card; receiving another person's card with intent to use it
without the cardholder's consent; and other offenses),
increases the penalty from a Class A or B misdemeanor to a
Class 4 felony. When a greater penalty is provided for an
offense (for example, for committing, within a 12-month
period, an offense with respect to 3 or more cards each
issued to different cardholders other than the offender),
increases the greater penalty from a Class A misdemeanor or
Class 4 felony to a Class 3 felony.
LRB9000621DJcd
LRB9000621DJcd
1 AN ACT concerning financial transactions, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Electronic Fund Transfer Act is amended
6 by changing Section 50 as follows:
7 (205 ILCS 616/50)
8 Sec. 50. Terminal requirements.
9 (a) To assure maximum safety and security against
10 malfunction, fraud, theft, and other accidents or abuses and
11 to assure that all access devices will have the capability of
12 activating all terminals established in this State, no
13 terminal shall accept an access device that does not conform
14 to specifications that are generally accepted. In the case
15 of a dispute concerning the specifications, the Commissioner,
16 in accordance with the provisions of Section 20 of this Act,
17 shall have the authority to determine the specifications.
18 (b) No terminal that does not accept an access device
19 that conforms with those specifications shall be established
20 or operated.
21 (c) A terminal shall bear a logotype or other
22 identification symbol designed to advise customers which
23 access devices may activate the terminal.
24 (d) When used to perform an interchange transaction, a
25 terminal shall not bear any form of proprietary advertising
26 of products and services not offered at the terminal;
27 provided, however, that a terminal screen may bear
28 proprietary advertising of products or services offered by a
29 financial institution when a person uses an access device
30 issued by that financial institution.
31 (e) A terminal shall display a notice stating all
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1 charges imposed for electronic fund transfers initiated at
2 the terminal. The notice shall be in the form of either a
3 sign or a video recording. The terminal shall enable a
4 person initiating an electronic fund transfer at the terminal
5 to cancel the transfer after the notice of charges is
6 displayed.
7 (f) A terminal shall prominently display a notice
8 reminding persons initiating an electronic fund transfer at
9 the terminal to take their receipt after concluding the
10 transfer and to protect their personal identification number
11 or other access device.
12 (g) A receipt given at a terminal to a person who
13 initiates an electronic fund transfer at the terminal shall
14 partially obscure the person's account number that is printed
15 on the receipt.
16 (Source: P.A. 89-310, eff. 1-1-96.)
17 Section 10. The Illinois Credit Card and Debit Card Act
18 is amended by changing Sections 3, 4, 5, 6, 7, 8, and 12 as
19 follows:
20 (720 ILCS 250/3) (from Ch. 17, par. 5916)
21 Sec. 3. A person who makes or causes to be made, either
22 directly or indirectly, any false statement in writing,
23 knowing it to be false and with intent that it be relied on,
24 respecting his identity, his address or his employment, or
25 that of any other person, firm or corporation, for the
26 purpose of procuring the issuance of a credit card or debit
27 card, is guilty of a Class 4 felony A misdemeanor.
28 (Source: P.A. 84-486.)
29 (720 ILCS 250/4) (from Ch. 17, par. 5917)
30 Sec. 4. A person who receives a credit card or debit card
31 from the person, possession, custody or control of another
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1 without the cardholder's consent or who, with knowledge that
2 it has been so acquired receives the credit card or debit
3 card, with intent to use it or to sell it, or to transfer it
4 to a person other than the issuer or the cardholder is guilty
5 of a Class 4 felony A misdemeanor. A person who has in his
6 possession or under his control 2 or more such credit cards
7 or debit cards each issued to different cardholders other
8 than himself is presumed to have violated this Section.
9 A person who, in any 12-month period, violates this
10 Section with respect to 3 or more credit cards or debit cards
11 each issued to different cardholders other than himself is
12 guilty of a Class 3 4 felony.
13 (Source: P.A. 84-486.)
14 (720 ILCS 250/5) (from Ch. 17, par. 5918)
15 Sec. 5. A person who receives a credit card or debit card
16 that he knows to have been lost or mislaid and who retains
17 possession with intent to use it or to sell it or to transfer
18 it to a person other than the issuer or the cardholder is
19 guilty of a Class 4 felony B misdemeanor.
20 A person who, in a single transaction, violates this
21 Section with respect to 3 or more credit cards or debit cards
22 each issued to different cardholders other than himself is
23 guilty of a Class 3 felony A misdemeanor.
24 (Source: P.A. 84-486.)
25 (720 ILCS 250/6) (from Ch. 17, par. 5919)
26 Sec. 6. A person other than the issuer who sells a credit
27 card or debit card, without the consent of the issuer, is
28 guilty of a Class 4 felony A misdemeanor.
29 A person who purchases a credit card or debit card from a
30 person other than the issuer, without the consent of the
31 issuer, is guilty of a Class 4 felony A misdemeanor.
32 A person who, in a single transaction, makes a sale or
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1 purchase prohibited by this Section with respect to 3 or more
2 credit cards or debit cards each issued to different
3 cardholders is guilty of a Class 3 4 felony.
4 (Source: P.A. 84-486.)
5 (720 ILCS 250/7) (from Ch. 17, par. 5920)
6 Sec. 7. A person who, with intent to defraud either the
7 issuer, or a person providing money, goods, property,
8 services or anything else of value, or any other person,
9 obtains control over a credit card or debit card as security
10 for debt or transfers, conveys or gives control over a credit
11 card or debit card as security for debt, is guilty of a Class
12 4 felony A misdemeanor.
13 (Source: P.A. 84-486.)
14 (720 ILCS 250/8) (from Ch. 17, par. 5921)
15 Sec. 8. A person who, with intent to defraud either the
16 issuer, or a person providing money, goods, property,
17 services or anything else of value, or any other person, (i)
18 uses, for the purpose of obtaining money, goods, property,
19 services or anything else of value a credit card or debit
20 card obtained or retained in violation of this Act or without
21 the cardholder's consent, or a credit card or debit card
22 which he knows is counterfeited, or forged, or expired, or
23 revoked, or (ii) obtains or attempts to obtain money, goods,
24 property, services or anything else of value by representing
25 without the consent of the cardholder that he is the holder
26 of a specified card or by representing that he is the holder
27 of a card and such card has not in fact been issued, is
28 guilty of a Class 4 felony A misdemeanor if the value of all
29 money, goods, property, services and other things of value
30 obtained or sought in violation of this Section does not
31 exceed $300 in any 6-month period; and is guilty of a Class 3
32 4 felony if such value exceeds $300 in any 6-month period.
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1 Knowledge of revocation shall be presumed to have been
2 received by a cardholder 4 days after it has been mailed to
3 him at the address set forth on the credit card or debit card
4 or at his last known address by registered or certified mail,
5 return receipt requested, and, if the address is more than
6 500 miles from the place of mailing, by air mail. If the
7 address is located outside the United States, Puerto Rico,
8 the Virgin Islands, the Canal Zone and Canada, notice shall
9 be presumed to have been received 10 days after mailing by
10 registered or certified mail.
11 (Source: P.A. 84-486.)
12 (720 ILCS 250/12) (from Ch. 17, par. 5925)
13 Sec. 12. A person who, with intent to defraud either an
14 issuer, or a person providing money, goods, property,
15 services or anything else of value, or any other person,
16 utilizes an account number or code or enters information on a
17 record of charge form for the purpose of obtaining money,
18 goods, property, services or anything else of value is guilty
19 of a Class 4 felony A misdemeanor if the value of the money,
20 goods, property, services and other things of value obtained
21 does not exceed $150 in any 6-month period; and is guilty of
22 a Class 3 4 felony if such value exceeds $150 in any 6-month
23 period.
24 A person who, with intent to defraud either an issuer or
25 a person providing money, goods, property, services or
26 anything else of value, or any other person, possesses,
27 without the consent of the issuer or purported issuer, record
28 of charge forms bearing the printed impression of a credit
29 card or debit card, is guilty of a Class 4 felony A
30 misdemeanor. Possession of such record of charge forms by a
31 person other than the issuer or a person authorized by the
32 issuer to possess record of charge forms is prima facie
33 evidence of the intent to defraud.
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1 (Source: P.A. 84-486.)