Public Act 102-0757
HB1091 EnrolledLRB102 03105 RLC 13118 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.
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.
"Seller" means a person who sells, offers to sell, or
contracts to sell consumer products through an online
marketplace's platform.
"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
(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.
"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.
Section 1-10. Online marketplace verification.
(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.
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
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.
(m) To the extent that a substantially similar federal law
or regulation conflicts with this Act, the federal law or
regulation controls.
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.