Public Act 094-0038
 		





HB2697 Enrolled
LRB094 09127 RLC 39358 b






    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 16G-10 and  by adding Section 16G-14 as follows:
 



    (720 ILCS 5/16G-10)



    Sec. 16G-10. Definitions. In this Article unless the 
context otherwise
requires:

    (a) "Personal identification document" means a birth 
certificate, a drivers
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.

    (b) "Personal identifying information" means any of the 
following
information:


        (1) A person's name;


        (2) A person's address;


        (2.5) A person's date of birth;


        (3) A person's telephone number;


        (4) A person's drivers 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;


        (5) A person's Social Security number;


        (6) A person's public, private, or government 
    employer, place of
employment, or employment

    identification number;


        (7) The maiden name of a person's mother;


        (8) The number assigned to a person's depository 
    account, savings account,
or brokerage
account;


        (9) The number assigned to a person's credit or debit 
    card, commonly known
as a "Visa Card",
"Master Card", 
    "American Express Card", "Discover Card", or other similar 
    cards
whether issued by a
financial institution, 
    corporation, or business entity;


        (10) Personal identification numbers;


        (11) Electronic identification numbers;


        (12) Digital signals;


        (13) Any other numbers or information which can be used 
    to access a
person's financial
resources, or to identify a 
    specific individual.

    (c) "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.
    (d) "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.


(Source: P.A. 93-401, eff. 7-31-03.)

 
    (720 ILCS 5/16G-14  new)
    Sec. 16G-14. Transmission of personal identifying 
information prohibited.
    (a) A person who is not a party to a transaction that 
involves the use of a financial transaction device may not 
secretly or surreptitiously photograph, or otherwise capture 
or record, electronically or by any other means, or distribute, 
disseminate, or transmit, electronically or by any other means, 
personal identifying information from the transaction without 
the consent of the person whose information is photographed, or 
otherwise captured, recorded, distributed, disseminated, or 
transmitted.
    (b) This Section does not:
        (1) prohibit the capture or transmission of personal 
    identifying information in the ordinary and lawful course 
    of business;
        (2) apply to a peace officer of this State, or of the 
    federal government, or the officer's agent, while in the 
    lawful performance of the officer's duties;
        (3) prohibit a person from being charged with, 
    convicted of, or punished for any other violation of law 
    committed by that person while violating or attempting to 
    violate this Section.
    (c) Sentence.  A person who violates this Section is guilty 
of a Class A misdemeanor.

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.






Effective Date:  6/16/2005