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Public Act 102-0757 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Article 1. | ||||
Section 1-1. Short title. This Article may be cited as the | ||||
Illinois Integrity, Notification, and Fairness in Online | ||||
Retail Marketplaces for Consumers (INFORM Consumers) Act.
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References in this Article to "this Act" mean this Article. | ||||
Section 1-5. Definitions. In this Act: | ||||
"Consumer product" means any tangible personal property | ||||
that is distributed in commerce and that is normally used for | ||||
personal, family, or household purposes (including any such | ||||
property intended to be attached to or installed in any real | ||||
property without regard to whether it is so attached or | ||||
installed). | ||||
"High-volume third-party seller" means a participant in an | ||||
online marketplace who is a third-party seller and who, in any | ||||
continuous 12-month period during the previous 24 months, has | ||||
entered into 200 or more discrete sales or transactions of new | ||||
or unused consumer products and has an aggregate total of | ||||
$5,000 or more in gross revenue. For purposes of calculating | ||||
the number of discrete sales or transactions or the aggregate |
gross revenues under subsection (a) of Section 1-10, an online | ||
marketplace shall only be required to count sales or | ||
transactions made through the online marketplace and for which | ||
payment was processed by the online marketplace, either | ||
directly or through its payment processor. | ||
"Online marketplace" means any person or entity that: | ||
(1) operates a consumer-directed electronically based | ||
or accessed platform that includes features that allow | ||
for, facilitate, or enable online third-party sellers to | ||
engage in the sale, purchase, payment, storage, shipping, | ||
or delivery of consumer products in this State; | ||
(2) is used by one or more online third-party sellers | ||
for such purposes; and | ||
(3) has a contractual or similar relationship with | ||
consumers governing their use of the platform to purchase | ||
consumer product.
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"Seller" means a person who sells, offers to sell, or | ||
contracts to sell consumer products through an online | ||
marketplace's platform.
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"Third-party seller" means any seller, independent of an | ||
online marketplace, who sells, offers to sell, or contracts to | ||
sell a consumer product in this State through an online | ||
marketplace. "Third-party seller" does not include, with | ||
respect to an online marketplace: | ||
(1) a seller who operates the online marketplace's | ||
platform; or |
(2) a business entity that has: | ||
(A) made available to the public the entity's | ||
name, business address, and working contact | ||
information; | ||
(B) an ongoing contractual relationship with the | ||
online marketplace to provide the online marketplace | ||
with the manufacture, distribution, wholesaling, or | ||
fulfillment of shipments of consumer products; and
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(C) provided to the online marketplace identifying | ||
information, as described in
subsection (a) of Section | ||
1-10, that has been verified in accordance with that | ||
subsection.
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"Verify" means to confirm information provided to an | ||
online marketplace, including, but not limited to, by the use | ||
of one or more methods that enable the online marketplace to | ||
reliably determine that any information and documents provided | ||
are valid, corresponding to the seller or an individual acting | ||
on the seller's behalf, not misappropriated, and not | ||
falsified.
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Section 1-10. Online marketplace verification.
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(a) Online marketplaces shall require that any high-volume | ||
third-party seller on the online marketplace's platform | ||
provide the online marketplace with the following information | ||
no later than 10 days after qualifying as a high-volume | ||
third-party seller on the platform: |
(1) A bank account number, or, if the high-volume | ||
third-party seller does not have a bank account, the name | ||
of the payee for payments issued by the online marketplace | ||
to the high-volume third-party seller. The bank account or | ||
payee information required may be provided by the seller | ||
to the online marketplace or other third parties | ||
contracted by the online marketplace to maintain the | ||
information, so long as the online marketplace ensures | ||
that it can obtain the information on demand from the | ||
other third parties. | ||
(2) The contact information for the high-volume | ||
third-party seller.
If the high-volume third-party seller | ||
is an individual, the individual's name shall be provided.
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If the high-volume third-party seller is not an | ||
individual, a copy of a valid government-issued | ||
identification for an individual acting on behalf of the | ||
seller that includes the individual's name or a copy of a | ||
valid government-issued record or tax document that | ||
includes the business name and physical address of the | ||
seller shall be provided.
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(3) A business tax identification number or, if the | ||
high-volume third-party seller does not have a business | ||
tax identification number, a taxpayer identification | ||
number. | ||
(4) A current working email address and phone number | ||
for the high-volume third-party seller.
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(b) An online marketplace shall periodically, but not less | ||
than annually, notify any high-volume third-party seller on | ||
the online marketplace's platform of the requirement to keep | ||
any information collected under subsection (a) current and | ||
require any high-volume third-party seller on the online | ||
marketplace's platform to, not later than 10 days after | ||
receiving the notice, electronically certify that: | ||
(1) the high-volume third-party seller has provided | ||
any changes to the information to the online marketplace, | ||
if such changes have occurred; | ||
(2) there have been no changes to the high-volume | ||
third-party seller's information; or | ||
(3) the high-volume third-party seller has provided | ||
any changes to such information to the online marketplace. | ||
(c) If a high-volume third-party seller does not provide | ||
the information or certification required under this Section, | ||
the online marketplace, after providing the seller with | ||
written or electronic notice and an opportunity to provide the | ||
information or certification not later than 10 days after the | ||
issuance of the notice, shall suspend any future sales | ||
activity of the seller until the seller provides the | ||
information or certification.
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(d) An online marketplace shall verify the information | ||
collected under subsection (a) no later than 10 days after the | ||
collection and shall verify any change to the information not | ||
later than 10 days after being notified of the change by a |
high-volume third-party seller under subsection (b). If a | ||
high-volume third-party seller provides a copy of a valid | ||
government-issued tax document, any information contained in | ||
the document shall be presumed to be verified as of the date of | ||
issuance of the document.
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(e) An online marketplace shall require any high-volume | ||
third-party seller with an aggregate total of $20,000 or more | ||
in annual gross revenues on the online marketplace, and that | ||
uses the online marketplace's platform, to provide information | ||
to the online marketplace that includes the identity of the | ||
high-volume third-party seller, including: | ||
(1) the full name of the seller or seller's company | ||
name, or the name by which the seller or company operates | ||
on the online marketplace; | ||
(2) the physical address of the seller; | ||
(3) the contact information of the seller including a | ||
current working phone number; a current working email | ||
address for the seller; or other means of direct | ||
electronic messaging that may be provided to the | ||
high-volume third-party seller by the online marketplace | ||
to allow for the direct, unhindered communication with | ||
high-volume third-party sellers by users of the online | ||
marketplace; and | ||
(4) whether the high-volume third-party seller used a | ||
different seller to supply consumer products to consumers | ||
upon purchase, and, upon the request of a consumer, the |
information described in paragraph (1) of this subsection | ||
(e) relating to any such seller that supplied the consumer | ||
product to the consumer, if the seller is different from | ||
the high-volume third-party seller listed on the product | ||
listing prior to purchase.
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(f) An online marketplace shall provide to consumers the | ||
information in subsection (e) in a conspicuous manner: (i) in | ||
the order confirmation message or other document or | ||
communication made to a consumer after a purchase is | ||
finalized; and (ii) in the consumer's account transaction | ||
history.
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(g) Upon the request of a high-volume third-party seller, | ||
an online marketplace may provide for partial disclosure of | ||
the identity information required under subsection (e) as | ||
follows: | ||
(1) If the high-volume third-party seller certifies to | ||
the online marketplace that the seller does not have a | ||
business address and only has a residential street | ||
address, or has a combined business and residential | ||
address, the online marketplace may disclose only the | ||
country and, if applicable, the state in which the | ||
high-volume third-party seller resides; and inform | ||
consumers that there is no business address available for | ||
the seller and that consumer inquiries should be submitted | ||
to the seller by phone, email, or other means of | ||
electronic messaging provided to the seller by the online |
marketplace. | ||
(2) If the high-volume third-party seller certifies to | ||
the online marketplace that the seller is a business that | ||
has a physical address for product returns, the online | ||
marketplace may disclose the seller's physical address for | ||
product returns. | ||
(3) If a high-volume third-party seller certifies to | ||
the online marketplace that the seller does not have a | ||
phone number other than a personal phone number, the | ||
online marketplace shall inform consumers that there is no | ||
phone number available for the seller and that consumer | ||
inquiries should be submitted to the seller's email | ||
address or other means of electronic messaging provided to | ||
the seller by the online marketplace.
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(h) If an online marketplace becomes aware that a | ||
high-volume third-party seller has made a false representation | ||
to the online marketplace in order to justify the provision of | ||
a partial disclosure under subsection (g) or that a | ||
high-volume third-party seller who has requested and received | ||
a provision for a partial disclosure under subsection (g) has | ||
not provided responsive answers within a reasonable time to | ||
consumer inquiries submitted to the seller by phone, email, or | ||
other means of electronic messaging provided to the seller by | ||
the online marketplace, the online marketplace shall, after | ||
providing the seller with written or electronic notice and an | ||
opportunity to respond not later than 10 days after the |
issuance of the notice, suspend any future sales activity of | ||
the seller unless the seller consents to the disclosure of the | ||
identity information required under subsection (e).
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(i) If a high-volume third-party seller does not comply | ||
with the requirements to provide and disclose information | ||
under this Section, the online marketplace, after providing | ||
the seller with written or electronic notice and an | ||
opportunity to provide or disclose the information not later | ||
than 10 days after the issuance of the notice, shall suspend | ||
any future sales activity of the seller until the seller | ||
complies with the requirements.
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(j) An online marketplace shall disclose to consumers in a | ||
clear and conspicuous manner on the product listing of any | ||
high-volume third-party seller a reporting mechanism that | ||
allows for electronic and telephonic reporting of suspicious | ||
marketplace activity to the online marketplace.
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(k) Information collected solely to comply with the | ||
requirements of this Section may not be used for any other | ||
purpose unless required by law. An online marketplace shall | ||
implement and maintain reasonable security procedures and | ||
practices, including administrative, physical, and technical | ||
safeguards, appropriate to the nature of the data and the | ||
purposes for which the data will be used, to protect the data | ||
collected under this Section from unauthorized use, | ||
disclosure, access, destruction, or modification.
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Notwithstanding anything to the contrary in this subsection, |
the Attorney General may request, by subpoena or otherwise, | ||
and use any information collected to comply with the | ||
requirements of this Section to enforce the provisions of this | ||
Act as set forth in subsection (l). | ||
(l) If the Attorney General has reason to believe that any | ||
person has violated this Act, the Attorney General may bring | ||
an action in the name of the People of the State against the | ||
person to restrain by preliminary or permanent injunction the | ||
use of such a method, act, or practice. The court, in its | ||
discretion, may exercise all powers necessary, including, but | ||
not limited to: injunction; revocation, forfeiture, or | ||
suspension of any license, charter, franchise, certificate, or | ||
other evidence of authority of any person to do business in | ||
this State; appointment of a receiver; dissolution of domestic | ||
corporations or associations or suspension or termination of | ||
the right of foreign corporations or associations to do | ||
business in this State; and restitution.
In the administration | ||
of this Section, the Attorney General may accept an Assurance | ||
of Voluntary Compliance with respect to any method, act, or | ||
practice deemed to be violative of this Act from any person who | ||
has engaged in, is engaging in, or was ab to engage in such a | ||
method, act, or practice. Evidence of a violation of an | ||
Assurance of Voluntary Compliance shall be prima facie | ||
evidence of a violation of this Act in any subsequent | ||
proceeding brought by the Attorney General against the alleged | ||
violator.
The Attorney General shall be empowered to issue |
subpoenas to or examine under oath any person alleged to have | ||
participated in or to have knowledge of the alleged method, | ||
act, or practice in violation of this Act. Nothing in this Act | ||
creates or is intended to create a private right of action | ||
against any high-volume third-party seller, online marketplace | ||
seller, or third-party seller based upon compliance or | ||
noncompliance with its provisions.
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(m) To the extent that a substantially similar federal law | ||
or regulation conflicts with this Act, the federal law or | ||
regulation controls.
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Section 1-15. Organized Retail Crime Enforcement Fund. | ||
(a) There is created in the State treasury a special fund | ||
known as the Organized Retail Crime Enforcement Fund. | ||
(b) Subject to appropriation, moneys in the Organized | ||
Retail Crime Enforcement Fund shall be used by the Office of | ||
the Attorney General to award grants to State's Attorneys' | ||
offices and law enforcement agencies to investigate, indict, | ||
and prosecute violations of organized retail crime. | ||
(c) Moneys received for purposes of this Section, | ||
including, but not limited to, fee receipts, gifts, grants, | ||
and awards from any public or private entity, must be | ||
deposited into the Fund. | ||
(d) The Office of the Attorney General may use moneys in | ||
the Fund to investigate, indict, and prosecute violations of | ||
organized retail crime, for payment of awards and grants, and |
for ordinary and contingent expenses and operational programs, | ||
including law enforcement purposes. | ||
(e) The Office of the Attorney General may set | ||
requirements for application and distribution of grant moneys. | ||
(f) As used in this Section, "organized retail crime" has | ||
the meaning provided in Section 16-25.1 of the Criminal Code | ||
of 2012. | ||
Section 1-20. The State Finance Act is amended by adding | ||
Section 5.970 as follows: | ||
(30 ILCS 105/5.970 new) | ||
Sec. 5.970. The Organized Retail Crime Enforcement Fund. | ||
Article 2. | ||
Section 2-5. The Criminal Code of 2012 is amended by | ||
changing Sections 16-0.1 and 17-37 and by adding Sections | ||
16-25.1 and 16-25.2 as follows: | ||
(720 ILCS 5/16-0.1) | ||
Sec. 16-0.1. Definitions. In this Article, unless the | ||
context clearly requires otherwise, the following terms are | ||
defined as indicated: | ||
"Access" means to use, instruct, communicate with, store | ||
data in, retrieve or intercept data from, or otherwise utilize |
any services of a computer. | ||
"Coin-operated machine" includes any automatic vending | ||
machine or any part thereof, parking meter, coin telephone, | ||
coin-operated transit turnstile, transit fare box, coin | ||
laundry machine, coin dry cleaning machine, amusement machine, | ||
music machine, vending machine dispensing goods or services, | ||
or money changer. | ||
"Communication device" means any type of instrument, | ||
device, machine, or equipment which is capable of | ||
transmitting, acquiring, decrypting, or receiving any | ||
telephonic, electronic, data, Internet access, audio, video, | ||
microwave, or radio transmissions, signals, communications, or | ||
services, including the receipt, acquisition, transmission, or | ||
decryption of all such communications, transmissions, signals, | ||
or services provided by or through any cable television, fiber | ||
optic, telephone, satellite, microwave, radio, Internet-based, | ||
data transmission, or wireless distribution network, system or | ||
facility; or any part, accessory, or component thereof, | ||
including any computer circuit, security module, smart card, | ||
software, computer chip, electronic mechanism or other | ||
component, accessory or part of any communication device which | ||
is capable of facilitating the transmission, decryption, | ||
acquisition or reception of all such communications, | ||
transmissions, signals, or services. | ||
"Communication service" means any service lawfully | ||
provided for a charge or compensation to facilitate the lawful |
origination, transmission, emission, or reception of signs, | ||
signals, data, writings, images, and sounds or intelligence of | ||
any nature by telephone, including cellular telephones or a | ||
wire, wireless, radio, electromagnetic, photo-electronic or | ||
photo-optical system; and also any service lawfully provided | ||
by any radio, telephone, cable television, fiber optic, | ||
satellite, microwave, Internet-based or wireless distribution | ||
network, system, facility or technology, including, but not | ||
limited to, any and all electronic, data, video, audio, | ||
Internet access, telephonic, microwave and radio | ||
communications, transmissions, signals and services, and any | ||
such communications, transmissions, signals and services | ||
lawfully provided directly or indirectly by or through any of | ||
those networks, systems, facilities or technologies. | ||
"Communication service provider" means: (1) any person or | ||
entity providing any communication service, whether directly | ||
or indirectly, as a reseller, including, but not limited to, a | ||
cellular, paging or other wireless communications company or | ||
other person or entity which, for a fee, supplies the | ||
facility, cell site, mobile telephone switching office or | ||
other equipment or communication service; (2) any person or | ||
entity owning or operating any cable television, fiber optic, | ||
satellite, telephone, wireless, microwave, radio, data | ||
transmission or Internet-based distribution network, system or | ||
facility; and (3) any person or entity providing any | ||
communication service directly or indirectly by or through any |
such distribution system, network or facility. | ||
"Computer" means a device that accepts, processes, stores, | ||
retrieves or outputs data, and includes but is not limited to | ||
auxiliary storage and telecommunications devices connected to | ||
computers. | ||
"Continuing
course of conduct" means a series of acts, and | ||
the accompanying
mental state necessary for the crime in | ||
question, irrespective
of whether the series of acts are | ||
continuous or intermittent. | ||
"Delivery container" means any bakery basket of wire or | ||
plastic used to transport or store bread or bakery products, | ||
any dairy case of wire or plastic used to transport or store | ||
dairy products, and any dolly or cart of 2 or 4 wheels used to | ||
transport or store any bakery or dairy product. | ||
"Document-making implement" means any implement, | ||
impression, template, computer file, computer disc, electronic | ||
device, computer hardware, computer software, instrument, or | ||
device that is used to make a real or fictitious or fraudulent | ||
personal identification document. | ||
"Financial transaction device" means any of the following: | ||
(1) An electronic funds transfer card. | ||
(2) A credit card. | ||
(3) A debit card. | ||
(4) A point-of-sale card. | ||
(5) Any instrument, device, card, plate, code, account | ||
number, personal identification number, or a record or |
copy of a code, account number, or personal identification | ||
number or other means of access to a credit account or | ||
deposit account, or a driver's license or State | ||
identification card used to access a proprietary account, | ||
other than access originated solely by a paper instrument, | ||
that can be used alone or in conjunction with another | ||
access device, for any of the following purposes: | ||
(A) Obtaining money, cash refund or credit | ||
account, credit, goods, services, or any other thing | ||
of value. | ||
(B) Certifying or guaranteeing to a person or | ||
business the availability to the device holder of | ||
funds on deposit to honor a draft or check payable to | ||
the order of that person or business. | ||
(C) Providing the device holder access to a | ||
deposit account for the purpose of making deposits, | ||
withdrawing funds, transferring funds between deposit | ||
accounts, obtaining information pertaining to a | ||
deposit account, or making an electronic funds | ||
transfer. | ||
"Full retail value" means the merchant's stated or | ||
advertised price of the merchandise. "Full
retail value" | ||
includes the aggregate value of property obtained
from retail | ||
thefts committed by the same person as part of a
continuing | ||
course of conduct from one or more mercantile
establishments | ||
in a single transaction or in separate
transactions over a |
period of one year. | ||
"Internet" means an interactive computer service or system | ||
or an information service, system, or access software provider | ||
that provides or enables computer access by multiple users to | ||
a computer server, and includes, but is not limited to, an | ||
information service, system, or access software provider that | ||
provides access to a network system commonly known as the | ||
Internet, or any comparable system or service and also | ||
includes, but is not limited to, a World Wide Web page, | ||
newsgroup, message board, mailing list, or chat area on any | ||
interactive computer service or system or other online | ||
service. | ||
"Library card" means a card or plate issued by a library | ||
facility for purposes of identifying the person to whom the | ||
library card was issued as authorized to borrow library | ||
material, subject to all limitations and conditions imposed on | ||
the borrowing by the library facility issuing such card. | ||
"Library facility" includes any public library or museum, | ||
or any library or museum of an educational, historical or | ||
eleemosynary institution, organization or society. | ||
"Library material" includes any book, plate, picture, | ||
photograph, engraving, painting, sculpture, statue, artifact, | ||
drawing, map, newspaper, pamphlet, broadside, magazine, | ||
manuscript, document, letter, microfilm, sound recording, | ||
audiovisual material, magnetic or other tape, electronic data | ||
processing record or other documentary, written or printed |
material regardless of physical form or characteristics, or | ||
any part thereof, belonging to, or on loan to or otherwise in | ||
the custody of a library facility. | ||
"Manufacture or assembly of an unlawful access device" | ||
means to make, produce or assemble an unlawful access device | ||
or to modify, alter, program or re-program any instrument, | ||
device, machine, equipment or software so that it is capable | ||
of defeating or circumventing any technology, device or | ||
software used by the provider, owner or licensee of a | ||
communication service or of any data, audio or video programs | ||
or transmissions to protect any such communication, data, | ||
audio or video services, programs or transmissions from | ||
unauthorized access, acquisition, disclosure, receipt, | ||
decryption, communication, transmission or re-transmission. | ||
"Manufacture or assembly of an unlawful communication | ||
device" means to make, produce or assemble an unlawful | ||
communication or wireless device or to modify, alter, program | ||
or reprogram a communication or wireless device to be capable | ||
of acquiring, disrupting, receiving, transmitting, decrypting, | ||
or facilitating the acquisition, disruption, receipt, | ||
transmission or decryption of, a communication service without | ||
the express consent or express authorization of the | ||
communication service provider, or to knowingly assist others | ||
in those activities. | ||
"Master sound recording" means the original physical | ||
object on which a given set of sounds were first recorded and |
which the original object from which all subsequent sound | ||
recordings embodying the same set of sounds are directly or | ||
indirectly derived. | ||
"Merchandise" means any item of tangible personal | ||
property, including motor fuel. | ||
"Merchant" means an owner or operator of any retail | ||
mercantile establishment or any agent, employee, lessee, | ||
consignee, officer, director, franchisee, or independent | ||
contractor of the owner or operator. "Merchant" also means a | ||
person who receives from an authorized user of a payment card, | ||
or someone the person believes to be an authorized user, a | ||
payment card or information from a payment card, or what the | ||
person believes to be a payment card or information from a | ||
payment card, as the instrument for obtaining, purchasing or | ||
receiving goods, services, money, or anything else of value | ||
from the person. | ||
"Motor fuel" means a liquid, regardless of its properties, | ||
used to propel a vehicle, including gasoline and diesel. | ||
"Online" means the use of any electronic or wireless | ||
device to access the Internet. | ||
"Payment card" means a credit card, charge card, debit | ||
card, or any other card that is issued to an authorized card | ||
user and that allows the user to obtain, purchase, or receive | ||
goods, services, money, or anything else of value from a | ||
merchant. | ||
"Person with a disability" means a person who
suffers from |
a physical or mental impairment resulting from
disease, | ||
injury, functional disorder or congenital condition that | ||
impairs the
individual's mental or physical ability to | ||
independently manage his or her
property or financial | ||
resources, or both. | ||
"Personal identification document" means a birth | ||
certificate, a driver's license, a State identification card, | ||
a public, government, or private employment identification | ||
card, a social security card, a firearm owner's identification | ||
card, a credit card, a debit card, or a passport issued to or | ||
on behalf of a person other than the offender, or any document | ||
made or issued, or falsely purported to have been made or | ||
issued, by or under the authority of the United States | ||
Government, the State of Illinois, or any other state | ||
political subdivision of any state, or any other governmental | ||
or quasi-governmental organization that is of a type intended | ||
for the purpose of identification of an individual, or any | ||
such document made or altered in a manner that it falsely | ||
purports to have been made on behalf of or issued to another | ||
person or by the authority of one who did not give that | ||
authority. | ||
"Personal identifying information" means any of the | ||
following information: | ||
(1) A person's name. | ||
(2) A person's address. | ||
(3) A person's date of birth. |
(4) A person's telephone number. | ||
(5) A person's driver's license number or State of | ||
Illinois identification card as assigned by the Secretary | ||
of State of the State of Illinois or a similar agency of | ||
another state. | ||
(6) A person's social security number. | ||
(7) A person's public, private, or government | ||
employer, place of employment, or employment | ||
identification number. | ||
(8) The maiden name of a person's mother. | ||
(9) The number assigned to a person's depository | ||
account, savings account, or brokerage account. | ||
(10) The number assigned to a person's credit or debit | ||
card, commonly known as a "Visa Card", "MasterCard", | ||
"American Express Card", "Discover Card", or other similar | ||
cards whether issued by a financial institution, | ||
corporation, or business entity. | ||
(11) Personal identification numbers. | ||
(12) Electronic identification numbers. | ||
(13) Digital signals. | ||
(14) User names, passwords, and any other word, | ||
number, character or combination of the same usable in | ||
whole or part to access information relating to a specific | ||
individual, or to the actions taken, communications made | ||
or received, or other activities or transactions of a | ||
specific individual. |
(15) Any other numbers or information which can be | ||
used to access a person's financial resources, or to | ||
identify a specific individual, or the actions taken, | ||
communications made or received, or other activities or | ||
transactions of a specific individual. | ||
"Premises of a retail mercantile establishment" includes, | ||
but is not limited to, the retail mercantile establishment; | ||
any common use areas in shopping centers; and all parking | ||
areas set aside by a merchant or on behalf of a merchant for | ||
the parking of vehicles for the convenience of the patrons of | ||
such retail mercantile establishment. | ||
"Public water, gas, or power supply, or other public | ||
services" mean any service subject to regulation by the | ||
Illinois Commerce Commission; any service furnished by a | ||
public utility that is owned and operated by any political | ||
subdivision, public institution of higher education or | ||
municipal corporation of this State; any service furnished by | ||
any public utility that is owned by such political | ||
subdivision, public institution of higher education, or | ||
municipal corporation and operated by any of its lessees or | ||
operating agents; any service furnished by an electric | ||
cooperative as defined in Section 3.4 of the Electric Supplier | ||
Act; or wireless service or other service regulated by the | ||
Federal Communications Commission. | ||
"Publish" means to communicate or disseminate information | ||
to any one or more persons, either orally, in person, or by |
telephone, radio or television or in writing of any kind, | ||
including, without limitation, a letter or memorandum, | ||
circular or handbill, newspaper or magazine article or book. | ||
"Radio frequency identification device" means any | ||
implement, computer file, computer disc, electronic device, | ||
computer hardware, computer software, or instrument that is | ||
used to activate, read, receive, or decode information stored | ||
on a RFID tag or transponder attached to a personal | ||
identification document. | ||
"RFID tag or transponder" means a chip or device that | ||
contains personal identifying information from which the | ||
personal identifying information can be read or decoded by | ||
another device emitting a radio frequency that activates or | ||
powers a radio frequency emission response from the chip or | ||
transponder. | ||
"Reencoder" means an electronic device that places encoded | ||
information from the magnetic strip or stripe of a payment | ||
card onto the magnetic strip or stripe of a different payment | ||
card. | ||
"Retail mercantile establishment" means any place where | ||
merchandise is displayed, held, stored or offered for sale to | ||
the public. | ||
"Scanning device" means a scanner, reader, or any other | ||
electronic device that is used to access, read, scan, obtain, | ||
memorize, or store, temporarily or permanently, information | ||
encoded on the magnetic strip or stripe of a payment card. |
"Shopping cart" means those push carts of the type or | ||
types which are commonly provided by grocery stores, drug | ||
stores or other retail mercantile establishments for the use | ||
of the public in transporting commodities in stores and | ||
markets and, incidentally, from the stores to a place outside | ||
the store. | ||
"Sound or audio visual recording" means any sound or audio | ||
visual phonograph record, disc, pre-recorded tape, film, wire, | ||
magnetic tape or other object, device or medium, now known or | ||
hereafter invented, by which sounds or images may be | ||
reproduced with or without the use of any additional machine, | ||
equipment or device. | ||
"Stored value card" means any card, gift card, instrument, | ||
or device issued with or without fee for the use of the | ||
cardholder to obtain money, goods, services, or anything else | ||
of value. Stored value cards include, but are not limited to, | ||
cards issued for use as a stored value card or gift card, and | ||
an account identification number or symbol used to identify a | ||
stored value card. "Stored value card" does not include a | ||
prepaid card usable at multiple, unaffiliated merchants or at | ||
automated teller machines, or both. "Stored value card" shall | ||
only apply to Section 16-25.1 of this Act. | ||
"Theft detection device remover" means any tool or device | ||
specifically designed and intended to be used to remove any | ||
theft detection device from any merchandise. | ||
"Under-ring" means to cause the cash register or other |
sales recording device to reflect less than the full retail | ||
value of the merchandise. | ||
"Unidentified sound or audio visual recording" means a | ||
sound or audio visual recording without the actual name and | ||
full and correct street address of the manufacturer, and the | ||
name of the actual performers or groups prominently and | ||
legibly printed on the outside cover or jacket and on the label | ||
of such sound or audio visual recording. | ||
"Unlawful access device" means any type of instrument, | ||
device, machine, equipment, technology, or software which is | ||
primarily possessed, used, designed, assembled, manufactured, | ||
sold, distributed or offered, promoted or advertised for the | ||
purpose of defeating or circumventing any technology, device | ||
or software, or any component or part thereof, used by the | ||
provider, owner or licensee of any communication service or of | ||
any data, audio or video programs or transmissions to protect | ||
any such communication, audio or video services, programs or | ||
transmissions from unauthorized access, acquisition, receipt, | ||
decryption, disclosure, communication, transmission or | ||
re-transmission. | ||
"Unlawful communication device" means any electronic | ||
serial number, mobile identification number, personal | ||
identification number or any communication or wireless device | ||
that is capable of acquiring or facilitating the acquisition | ||
of a communication service without the express consent or | ||
express authorization of the communication service provider, |
or that has been altered, modified, programmed or | ||
reprogrammed, alone or in conjunction with another | ||
communication or wireless device or other equipment, to so | ||
acquire or facilitate the unauthorized acquisition of a | ||
communication service. "Unlawful communication device" also | ||
means: | ||
(1) any phone altered to obtain service without the | ||
express consent or express authorization of the | ||
communication service provider, tumbler phone, counterfeit | ||
or clone phone, tumbler microchip, counterfeit or clone | ||
microchip, scanning receiver of wireless communication | ||
service or other instrument capable of disguising its | ||
identity or location or of gaining unauthorized access to | ||
a communications or wireless system operated by a | ||
communication service provider; and | ||
(2) any communication or wireless device which is | ||
capable of, or has been altered, designed, modified, | ||
programmed or reprogrammed, alone or in conjunction with | ||
another communication or wireless device or devices, so as | ||
to be capable of, facilitating the disruption, | ||
acquisition, receipt, transmission or decryption of a | ||
communication service without the express consent or | ||
express authorization of the communication service | ||
provider, including, but not limited to, any device, | ||
technology, product, service, equipment, computer software | ||
or component or part thereof, primarily distributed, sold, |
designed, assembled, manufactured, modified, programmed, | ||
reprogrammed or used for the purpose of providing the | ||
unauthorized receipt of, transmission of, disruption of, | ||
decryption of, access to or acquisition of any | ||
communication service provided by any communication | ||
service provider. | ||
"Vehicle" means a motor vehicle, motorcycle, or farm | ||
implement that is self-propelled and that uses motor fuel for | ||
propulsion. | ||
"Wireless device" includes any type of instrument, device, | ||
machine, or
equipment that is capable of transmitting or | ||
receiving telephonic, electronic
or
radio communications, or | ||
any part of such instrument, device, machine, or
equipment, or | ||
any computer circuit, computer chip, electronic mechanism, or
| ||
other component that is capable of facilitating the | ||
transmission or reception
of telephonic, electronic, or radio | ||
communications.
| ||
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. | ||
1-1-12; 97-1109, eff. 1-1-13.) | ||
(720 ILCS 5/16-25.1 new) | ||
Sec. 16-25.1. Organized retail crime. | ||
(a) An individual is guilty of organized retail crime when | ||
that individual, in concert with another individual or any | ||
group of individuals, knowingly commits the act of retail | ||
theft from one or more retail mercantile establishments, and |
in the course of or in furtherance of such crime or flight | ||
therefrom: | ||
(1) knowingly commits assault as defined under Section | ||
12-1 or battery as defined under Section 12-3(a)(2) on the | ||
premises of the retail mercantile establishment; | ||
(2) knowingly commits a battery under Section | ||
12-3(a)(1) on the premises of the retail mercantile | ||
establishment; or | ||
(3) intentionally destroys or damages the property of | ||
the retail mercantile establishment. | ||
(b) An individual is guilty of being a manager of the | ||
organized retail crime when that individual knowingly | ||
recruits, organizes, supervises, finances, or otherwise | ||
manages or directs any other individual or individuals to: | ||
(1) commit the act of retail theft from one or more | ||
retail mercantile establishments, if the aggregate value | ||
of the merchandise exceeds $300, and the manager or the | ||
individual has the intent to resell the merchandise or | ||
otherwise have the merchandise reenter the stream of | ||
commerce; | ||
(2) commit theft of merchandise, the aggregate retail | ||
value of which exceeds $300, while the merchandise is in | ||
transit from the manufacturer to the retail mercantile | ||
establishment, and the manager or the individual has the | ||
intent to resell the merchandise; | ||
(3) obtain control over property for sale or resale, |
the aggregate retail value of which exceeds $300, knowing | ||
the property to have been stolen or under such | ||
circumstances as would reasonably induce the individual to | ||
believe that the property was stolen; or | ||
(4) receive, possess, or purchase any merchandise or | ||
stored value cards, the aggregate retail value of which | ||
exceeds $300, obtained from a fraudulent return with the | ||
knowledge that the property was obtained in violation of | ||
this Section or Section 16-25. | ||
(c) If acts or omissions constituting any part of the | ||
commission of the charged offense under the Section occurred | ||
in more than one county, each county has concurrent venue. If | ||
the charged offenses under this Section occurred in more than | ||
one county, the counties may join the offenses in a single | ||
criminal pleading and have concurrent venue as to all charged | ||
offenses. When counties have concurrent venue, the first | ||
county in which a criminal complaint, information, or | ||
indictment is issued in the case becomes the county with | ||
exclusive venue. A violation of organized retail crime may be | ||
investigated, indicted, and prosecuted pursuant to the | ||
Statewide Grand Jury Act. | ||
(d) Sentence. A violation of paragraph (1) or (3) of | ||
subsection (a) is a Class 3 felony. A violation of paragraph | ||
(2) of subsection (a) is a Class 2 felony. A violation of | ||
subsection (b) is a Class 2 felony. |
(720 ILCS 5/16-25.2 new) | ||
Sec. 16-25.2. Retail loss prevention report and notice | ||
requirements. | ||
(a) A retail mercantile establishment that is a victim of | ||
a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall | ||
have the right: | ||
(1) to timely notification of all court proceedings as | ||
defined under subsection (e) of Section 3 of the Rights of | ||
Crime Victims and Witnesses Act. Timely notice shall | ||
include 7 days' notice of any court proceedings. Timely | ||
notice shall be sent to the location of the retail | ||
mercantile establishment where the violation occurred and | ||
to the point of contact as provided by the retail | ||
mercantile establishment. The point of contact may be any | ||
employee of the retail mercantile establishment or | ||
representative as provided by the retail mercantile | ||
establishment; | ||
(2) to communicate with the prosecution; | ||
(3) to be reasonably heard at any post-arraignment | ||
court proceeding in which a right of the victim is at issue | ||
and any court proceeding involving a post-arraignment | ||
release decision, plea, or sentencing; | ||
(4) to be notified of the conviction, the sentence, | ||
the imprisonment, and the release of the accused; and | ||
(5) to have present at all court proceedings subject | ||
to the rules of evidence an advocate of the retail |
mercantile establishment's choice. | ||
(b) Unless a retail mercantile establishment refuses to | ||
file a report regarding the incident, the law enforcement | ||
agency having jurisdiction shall file a report concerning the | ||
incident with the State's Attorney. No law enforcement agent | ||
shall discourage or attempt to discourage a retail mercantile | ||
establishment from filing a police report concerning the | ||
incident. Upon the request of the retail mercantile | ||
establishment, the law enforcement agency having jurisdiction | ||
shall provide a free copy of the police report concerning the | ||
incident, as soon as practicable, but in no event later than 5 | ||
business days after the request. The Illinois Law Enforcement | ||
Training Standards Board shall not consider any allegation of | ||
a violation of this subsection that is contained in a | ||
complaint made under Section 1-35 of the Police and Community | ||
Relations Improvement Act. | ||
(720 ILCS 5/17-37) | ||
Sec. 17-37. Use of credit or debit card with intent to | ||
defraud. | ||
(a) A cardholder who uses a credit card or debit card | ||
issued to
him or her, or allows another person to use a credit | ||
card or debit card issued
to him or her, with intent to defraud | ||
the
issuer, or a person providing an item or items of value, or | ||
any other person is guilty of a Class A
misdemeanor if the | ||
value of all items of value does not exceed $150 in any 6-month |
period;
and is guilty of a Class 4 felony if the value exceeds | ||
$150 in
any 6-month period.
| ||
(b) Where an investigation into an intent to defraud under | ||
subsection (a) occurs, issuers shall consider a merchant's | ||
timely submission of compelling evidence under the applicable | ||
dispute management guidelines of the card association with | ||
whom the merchant maintains an agreement. A merchant shall | ||
comply with merchant responsibilities under any such | ||
agreement. | ||
(Source: P.A. 96-1551, eff. 7-1-11 .) | ||
Section 2-10. The Statewide Grand Jury Act is amended by | ||
changing Sections 2, 3, and 4 as follows:
| ||
(725 ILCS 215/2) (from Ch. 38, par. 1702)
| ||
Sec. 2.
(a) County grand juries and State's Attorneys have | ||
always had
and
shall continue to have primary responsibility | ||
for investigating, indicting,
and prosecuting persons who | ||
violate the criminal laws of the State of
Illinois. However, | ||
in recent years organized terrorist activity directed
against | ||
innocent civilians and certain criminal enterprises have
| ||
developed that require investigation, indictment, and | ||
prosecution on a
statewide or multicounty level. The criminal | ||
enterprises exist
as a result of the
allure of profitability | ||
present in narcotic activity, the unlawful sale and
transfer | ||
of firearms, and streetgang related felonies and organized |
terrorist
activity is supported by the contribution of money | ||
and expert assistance from
geographically diverse sources. In
| ||
order to shut off the life blood of terrorism and
weaken or | ||
eliminate the criminal enterprises, assets, and
property
used | ||
to further these offenses must be frozen, and any profit must | ||
be
removed. State
statutes exist that can accomplish that | ||
goal. Among them are the offense of
money laundering, | ||
violations
of Article 29D of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, | ||
and gunrunning. Local prosecutors need
investigative personnel | ||
and specialized training to attack and eliminate these
| ||
profits. In light of the transitory and complex nature of | ||
conduct that
constitutes these criminal activities, the many | ||
diverse property interests that
may be used, acquired directly | ||
or indirectly as a result of these criminal
activities, and | ||
the many places that illegally obtained property may be
| ||
located, it is the purpose of this Act to create a limited, | ||
multicounty
Statewide Grand Jury with authority to | ||
investigate, indict, and prosecute:
narcotic activity, | ||
including cannabis and controlled substance trafficking,
| ||
narcotics racketeering, money laundering, violations of the | ||
Cannabis
and
Controlled Substances Tax Act, and violations of | ||
Article 29D of the Criminal
Code of 1961 or the Criminal Code | ||
of 2012; the unlawful sale and transfer of firearms;
| ||
gunrunning; and streetgang related felonies.
| ||
(b) A Statewide Grand Jury may also investigate, indict, |
and prosecute
violations facilitated by the use of a computer | ||
of any of
the
following offenses: indecent solicitation of a | ||
child, sexual exploitation of a
child, soliciting for a | ||
juvenile prostitute, keeping a place of juvenile
prostitution, | ||
juvenile pimping, child pornography, aggravated child | ||
pornography, or promoting juvenile prostitution except as | ||
described in subdivision (a)(4) of Section 11-14.4 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
(c) A Statewide Grand Jury may also investigate, indict, | ||
and prosecute violations of organized retail crime. | ||
(Source: P.A. 101-593, eff. 12-4-19.)
| ||
(725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||
Sec. 3. Written application for the appointment of a | ||
Circuit
Judge to convene and preside over a Statewide Grand | ||
Jury, with jurisdiction
extending throughout the State, shall | ||
be made to the Chief Justice of the
Supreme Court. Upon such | ||
written application, the Chief Justice of the
Supreme Court | ||
shall appoint a Circuit Judge from the circuit where the
| ||
Statewide Grand Jury is being sought to be convened, who shall | ||
make a
determination that the convening of a Statewide Grand | ||
Jury is necessary.
| ||
In such application the Attorney General shall state that | ||
the convening
of a Statewide Grand Jury is necessary because | ||
of an alleged offense or
offenses set forth in this Section | ||
involving more than one county of the
State and identifying |
any such offense alleged; and
| ||
(a) that he or she believes that the grand jury | ||
function for the
investigation and indictment of the | ||
offense or offenses cannot effectively be
performed by a | ||
county grand jury together with the reasons for such
| ||
belief, and
| ||
(b)(1) that each State's Attorney with jurisdiction | ||
over an offense
or offenses to be investigated has | ||
consented to the impaneling of the
Statewide Grand Jury, | ||
or
| ||
(2) if one or more of the State's Attorneys having | ||
jurisdiction over
an offense or offenses to be | ||
investigated fails to consent to the impaneling
of the | ||
Statewide Grand Jury, the Attorney General shall set forth | ||
good cause
for impaneling the Statewide Grand Jury.
| ||
If the Circuit Judge determines that the convening of a | ||
Statewide Grand
Jury is necessary, he or she shall convene and | ||
impanel the Statewide Grand
Jury with jurisdiction extending | ||
throughout the State to investigate and
return indictments:
| ||
(a) For violations of any of the following or for any | ||
other criminal
offense committed in the course of | ||
violating any of the following: Article
29D of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, the
| ||
Illinois Controlled Substances Act, the Cannabis Control | ||
Act, the Methamphetamine Control and Community Protection | ||
Act, or the Narcotics
Profit Forfeiture Act; a
streetgang |
related felony offense; Section 16-25.1, 24-2.1, 24-2.2, | ||
24-3, 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or | ||
subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
| ||
24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code | ||
of 1961 or the Criminal Code of 2012; or a money
laundering | ||
offense; provided that the violation or offense involves | ||
acts
occurring in more than one county of this State; and
| ||
(a-5) For violations facilitated by the use of a | ||
computer, including
the use of the Internet, the World | ||
Wide Web, electronic mail, message board,
newsgroup, or | ||
any other commercial or noncommercial on-line service, of | ||
any of
the following offenses: indecent solicitation of a | ||
child, sexual exploitation
of a child, soliciting for a | ||
juvenile prostitute, keeping a place of juvenile
| ||
prostitution, juvenile pimping, child pornography, | ||
aggravated child pornography, or promoting juvenile | ||
prostitution except as described in subdivision (a)(4) of | ||
Section 11-14.4 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; and
| ||
(b) For the offenses of perjury, subornation of | ||
perjury, communicating
with jurors and witnesses, and | ||
harassment of jurors and witnesses, as they
relate to | ||
matters before the Statewide Grand Jury.
| ||
"Streetgang related" has the meaning ascribed to it in | ||
Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
|
Upon written application by the Attorney General for the | ||
convening of an
additional Statewide Grand Jury, the Chief | ||
Justice of the Supreme Court shall
appoint a Circuit Judge | ||
from the circuit for which the additional Statewide
Grand Jury | ||
is sought. The Circuit Judge shall determine the necessity for
| ||
an additional Statewide Grand Jury in accordance with the | ||
provisions of this
Section. No more than 2 Statewide Grand | ||
Juries may be empaneled at any time.
| ||
(Source: P.A. 101-593, eff. 12-4-19.)
| ||
(725 ILCS 215/4) (from Ch. 38, par. 1704)
| ||
Sec. 4.
(a) The presiding judge of the Statewide Grand | ||
Jury will
receive recommendations from the Attorney General as | ||
to the county in which
the Grand Jury will sit. Prior to making | ||
the recommendations, the Attorney
General shall obtain the | ||
permission of the local State's Attorney to use
his or her | ||
county for the site of the Statewide Grand Jury. Upon | ||
receiving
the Attorney General's recommendations, the | ||
presiding judge will choose one
of those recommended locations | ||
as the site where the Grand Jury shall sit.
| ||
Any indictment by a Statewide Grand Jury shall be returned | ||
to the
Circuit Judge presiding over the Statewide Grand Jury | ||
and shall include a
finding as to the county or counties in | ||
which the alleged offense was
committed. Thereupon, the judge | ||
shall, by order, designate the county of
venue for the purpose | ||
of trial. The judge may also, by order, direct the
|
consolidation of an indictment returned by a county grand jury | ||
with an
indictment returned by the Statewide Grand Jury and | ||
set venue for trial.
| ||
(b) Venue for purposes of trial for the offense of | ||
narcotics
racketeering shall be proper in any county where:
| ||
(1) Cannabis or a controlled substance which is the | ||
basis for the charge
of narcotics racketeering was used; | ||
acquired; transferred or distributed
to, from or through; | ||
or any county where any act was performed to further
the | ||
use; acquisition, transfer or distribution of said | ||
cannabis or
controlled substance; or
| ||
(2) Any money, property, property interest, or any | ||
other asset generated
by narcotics activities was | ||
acquired, used, sold, transferred or
distributed to, from | ||
or through; or,
| ||
(3) Any enterprise interest obtained as a result of | ||
narcotics
racketeering was acquired, used, transferred or | ||
distributed to, from or
through, or where any activity was | ||
conducted by the enterprise or any
conduct to further the | ||
interests of such an enterprise.
| ||
(c) Venue for purposes of trial for the offense of money | ||
laundering
shall be proper in any county where any part of a | ||
financial transaction in
criminally derived property took | ||
place, or in any county where any money or
monetary interest | ||
which is the basis for the offense, was acquired, used,
sold, | ||
transferred or distributed to, from, or through.
|
(d) A person who commits the offense of cannabis | ||
trafficking or
controlled substance trafficking may be tried | ||
in any county.
| ||
(e) Venue for purposes of trial for any violation of | ||
Article 29D of the
Criminal Code of 1961 or the Criminal Code | ||
of 2012 may be in the county in which an act of terrorism | ||
occurs,
the county in which material support or resources are | ||
provided or solicited,
the county in which criminal assistance | ||
is rendered, or any county in which any
act in furtherance of | ||
any violation of Article 29D of the Criminal Code of 1961 or | ||
the Criminal Code of 2012
occurs.
| ||
(f) Venue for purposes of trial for the offense of | ||
organized retail crime shall be proper in any county where: | ||
(1) any property, property interest, asset, money, or | ||
thing of value that is the basis for the charge of | ||
organized retail crime was used, acquired, transferred, or | ||
distributed to, from, or through; or any county where any | ||
act was performed to further the use, acquisition, | ||
transfer, or distribution of the property, property | ||
interest, asset, money, or thing or value; or | ||
(2) any enterprise interest obtained as a result of | ||
organized retail crime was acquired, used, transferred, or | ||
distributed to, from, or through, or where any activity | ||
was conducted by the enterprise or any conduct to further | ||
the interests of such an enterprise. | ||
(Source: P.A. 97-1150, eff. 1-25-13.)
|
Article 99. | ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law, except that Article 1 of this Act takes effect | ||
January 1, 2023. |