093_HB0570sam001











                                     LRB093 05563 WGH 16062 a

 1                     AMENDMENT TO HOUSE BILL 570

 2        AMENDMENT NO.     .  Amend House Bill  570  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 is amended by
 5    changing Sections 16D-2, 16D-3, and 16-6 and  adding  Section
 6    16D-4.1 as follows:

 7        (720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
 8        Sec.  16D-2.   Definitions.   As  used  in  this Article,
 9    unless the context otherwise indicates:
10        (a)  "Computer" means a device that  accepts,  processes,
11    stores,  retrieves  or  outputs data, and includes but is not
12    limited to auxiliary storage and  telecommunications  devices
13    connected to computers.
14        (a-5) "Computer network" means a set of related, remotely
15    connected devices and any communications facilities including
16    more  than  one computer with the capability to transmit data
17    among them through the communications facilities.
18        (b)  "Computer program" or "program" means  a  series  of
19    coded  instructions  or  statements in a form acceptable to a
20    computer which causes the computer to process data and supply
21    the results of the data processing.
22        (b-5)  "Computer  services"  means   computer   time   or
 
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 1    services,   including   data  processing  services,  Internet
 2    services,  electronic  mail  services,   electronic   message
 3    services,   or  information  or  data  stored  in  connection
 4    therewith.
 5        (c)  "Data"  means  a  representation   of   information,
 6    knowledge, facts, concepts or instructions, including program
 7    documentation,  which  is prepared in a formalized manner and
 8    is stored or processed in or transmitted by a computer.  Data
 9    shall be considered property and may be in any form including
10    but  not  limited  to  printouts, magnetic or optical storage
11    media, punch cards or data stored internally in the memory of
12    the computer.
13        (c-5) "Electronic mail service provider" means any person
14    who (1) is an intermediary in sending or receiving electronic
15    mail  and  (2)  provides  to  end-users  of  electronic  mail
16    services the ability to send or receive electronic mail.
17        (d)  In addition to its meaning  as  defined  in  Section
18    15-1 of this Code, "property" means: (1) electronic impulses;
19    (2)   electronically   produced   data;   (3)   confidential,
20    copyrighted   or   proprietary   information;   (4)   private
21    identification  codes  or  numbers  which  permit access to a
22    computer by authorized computer users or generate billings to
23    consumers for purchase of goods and services,  including  but
24    not    limited    to    credit    card    transactions    and
25    telecommunications   services   or   permit  electronic  fund
26    transfers; (5) software or  programs  in  either  machine  or
27    human  readable form; or (6) any other tangible or intangible
28    item relating to a computer or any part thereof.
29        (e)  "Access" means to use, instruct,  communicate  with,
30    store  data in, retrieve or intercept data from, or otherwise
31    utilize any services of a computer.
32        (f)  "Services" includes but is not limited  to  computer
33    time, data manipulation or storage functions.
34        (g)  "Vital  services or operations" means those services
 
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 1    or operations required to  provide,  operate,  maintain,  and
 2    repair   network   cabling,  transmission,  distribution,  or
 3    computer facilities necessary to ensure or protect the public
 4    health,  safety,  or  welfare.   Public  health,  safety,  or
 5    welfare include, but are not limited to, services provided by
 6    medical  personnel   or   institutions,   fire   departments,
 7    emergency  services  agencies,  national defense contractors,
 8    armed forces or militia personnel, private and public utility
 9    companies, or law enforcement agencies.
10        (h)  A person "uses" a computer or computer network  when
11    he or she attempts to cause or causes:
12             (1)  a computer or computer network to perform or to
13        stop performing computer operations;
14             (2)  the  withholding  or  denial  of  the  use of a
15        computer, a computer network, a computer  program,  data,
16        or software to another user; or
17             (3)  a  person  to  put  false  information  into  a
18        computer.
19        (i)  "Software"   means   a  set  of  computer  programs,
20    procedures, and associated documentation concerned with  data
21    or  with  the  operation  of a computer, computer program, or
22    computer network.
23    (Source: P.A. 91-233, eff. 1-1-00.)

24        (720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)
25        Sec. 16D-3.  Computer Tampering.
26        (a)  A person commits the offense of  computer  tampering
27    when   he  knowingly  and  without  the  authorization  of  a
28    computer's owner, as defined in Section 15-2 of this Code, or
29    in excess of the authority granted to him:
30             (1)  Accesses or causes to be accessed a computer or
31        any part thereof, or a program or data;
32             (2)  Accesses or causes to be accessed a computer or
33        any part thereof, or a program or data, and obtains  data
 
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 1        or services;
 2             (3)  Accesses or causes to be accessed a computer or
 3        any  part  thereof,  or a program or data, and damages or
 4        destroys the computer or alters,  deletes  or  removes  a
 5        computer program or data;
 6             (4)  Inserts  or attempts to insert a "program" into
 7        a computer or computer program knowing or  having  reason
 8        to  believe  that  such "program" contains information or
 9        commands  that  will  or  may  damage  or  destroy   that
10        computer, or any other computer subsequently accessing or
11        being  accessed  by  that  computer,  or that will or may
12        alter, delete or remove a computer program or  data  from
13        that computer, or any other computer program or data in a
14        computer subsequently accessing or being accessed by that
15        computer,  or that will or may cause loss to the users of
16        that computer or the users of a computer  which  accesses
17        or which is accessed by such "program".;
18             (5)  Falsifies    or    forges    electronic    mail
19        transmission  information or other routing information in
20        any  manner  in  connection  with  the  transmission   of
21        unsolicited  bulk  electronic  mail  through  or into the
22        computer network of an electronic mail  service  provider
23        or its subscribers;
24        (a-5)  It  shall  be unlawful for any person knowingly to
25    sell, give, or  otherwise  distribute  or  possess  with  the
26    intent  to  sell,  give,  or distribute software which (1) is
27    primarily  designed  or   produced   for   the   purpose   of
28    facilitating or enabling the falsification of electronic mail
29    transmission  information  or  other routing information; (2)
30    has only a limited commercially significant  purpose  or  use
31    other  than  to  facilitate  or  enable  the falsification of
32    electronic mail transmission  information  or  other  routing
33    information;  or  (3)  is  marketed by that person or another
34    acting  in  concert  with  that  person  with  that  person's
 
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 1    knowledge  for  use   in   facilitating   or   enabling   the
 2    falsification  of electronic mail transmission information or
 3    other routing information.
 4        (b)  Sentence.
 5             (1)  A person who commits the  offense  of  computer
 6        tampering  as  set forth in subsection (a)(1), (a)(5), or
 7        (a-5) of this Section  shall  be  guilty  of  a  Class  B
 8        misdemeanor.
 9             (2)  A  person  who  commits the offense of computer
10        tampering as set  forth  in  subsection  (a)(2)  of  this
11        Section  shall  be  guilty of a Class A misdemeanor and a
12        Class 4 felony for the second or subsequent offense.
13             (3)  A person who commits the  offense  of  computer
14        tampering as set forth in subsection (a)(3) or subsection
15        (a)(4)  of  this  Section    shall be guilty of a Class 4
16        felony and a Class 3 felony for the second or  subsequent
17        offense.
18             (4)  If  the  injury arises from the transmission of
19        unsolicited bulk electronic  mail,  the  injured  person,
20        other  than an electronic mail service provider, may also
21        recover attorney's fees and costs, and may elect, in lieu
22        of actual damages, to recover the lesser of $10 for  each
23        and   every  unsolicited  bulk  electronic  mail  message
24        transmitted in violation of this Section, or $25,000  per
25        day.  The injured person shall not have a cause of action
26        against  the electronic mail service provider that merely
27        transmits the unsolicited bulk electronic mail  over  its
28        computer network.
29             (5)  If  the  injury arises from the transmission of
30        unsolicited bulk electronic mail, an  injured  electronic
31        mail  service  provider  may also recover attorney's fees
32        and costs, and may elect, in lieu of actual  damages,  to
33        recover the greater of $10 for each and every unsolicited
34        electronic mail advertisement transmitted in violation of
 
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 1        this Section, or $25,000 per day.
 2             (6)  The  provisions  of  this  Section shall not be
 3        construed to limit  any  person's  right  to  pursue  any
 4        additional civil remedy otherwise allowed by law.
 5        (c)  Whoever  suffers  loss  by  reason of a violation of
 6    subsection (a)(4) of this Section  may,  in  a  civil  action
 7    against  the violator, obtain appropriate relief.  In a civil
 8    action under  this  Section,  the  court  may  award  to  the
 9    prevailing   party   reasonable  attorney's  fees  and  other
10    litigation expenses.
11    (Source: P.A. 91-233, eff. 1-1-00.)

12        (720 ILCS 5/16D-4.1 new)
13        Sec.   16D-4.1.  Transmission   of    unsolicited    bulk
14    electronic mail.
15        (a)  A  person  commits  the  offense  of transmission of
16    unsolicited bulk electronic mail when he or she:
17             (1)  knowingly uses a computer or  computer  network
18        with  the  intent  to  falsify  or  forge electronic mail
19        transmission information or other routing information  in
20        any   manner  in  connection  with  the  transmission  of
21        unsolicited bulk electronic  mail  through  or  into  the
22        computer  network  of an electronic mail service provider
23        or its subscribers; or
24             (2)  knowingly   sells,    gives,    or    otherwise
25        distributes  or  possesses with the intent to sell, give,
26        or distribute software that: (i) is primarily designed or
27        produced for the purpose of facilitating or enabling  the
28        falsification of electronic mail transmission information
29        or  other  routing  information;  (ii)  has  only limited
30        commercially significant purpose or  use  other  than  to
31        facilitate or enable the falsification of electronic mail
32        transmission information or other routing information; or
33        (iii)  is  marketed  by  that person acting alone or with
 
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 1        another  for  use  in  facilitating   or   enabling   the
 2        falsification of electronic mail transmission information
 3        or other routing information.
 4        (b)  Sentence.
 5             (1)  A  person who commits a violation of subsection
 6        (a) is guilty of a Class A misdemeanor.
 7             (2)  A person is guilty of a Class 4 felony if he or
 8        she commits a violation of subsection (a) and:
 9                  (A)  the volume of unsolicited bulk  electronic
10             mail    transmitted    exceeded   10,000   attempted
11             recipients in any 24-hour period, 100,000  attempted
12             recipients  in  any 30-day time period, or 1,000,000
13             attempted recipients in any one-year time period; or
14                  (B)  the  revenue  generated  from  a  specific
15             unsolicited  bulk   electronic   mail   transmission
16             exceeded  $1,000 or the total revenue generated from
17             all unsolicited bulk electronic mail transmitted  to
18             any   electronic   mail  service  provider  exceeded
19             $50,000.
20             (3)  A person is guilty of a Class 4 felony if he or
21        she knowingly hires, employs, uses, or permits any  minor
22        to   assist  in  the  transmission  of  unsolicited  bulk
23        electronic mail in violation of subdivision (b)(2)(A)  or
24        (b)(2)(B).
25        (c)  Civil relief; damages.
26             (1)  Any  person whose property or person is injured
27        by reason of a violation of any provision of this Section
28        may sue therefor and recover for  any  damages  sustained
29        and the costs of suit. Without limiting the generality of
30        the term, "damages" includes loss of profits.
31             (2)  If  the  injury  under this Section arises from
32        the transmission of unsolicited bulk electronic  mail  in
33        contravention of the authority granted by or in violation
34        of  the  policies  set  by  the  electronic  mail service
 
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 1        provider  where  the  defendant  has  knowledge  of   the
 2        authority  or  policies  of  the  electronic mail service
 3        provider or  where  the  authority  or  policies  of  the
 4        electronic  mail  service  provider  are available on the
 5        electronic mail service provider's website,  the  injured
 6        person,  other  than an electronic mail service provider,
 7        may also recover  attorney's  fees  and  costs,  and  may
 8        elect,  in  lieu of actual damages, to recover the lesser
 9        of $10 for each and  every  unsolicited  bulk  electronic
10        mail message transmitted in violation of this Section, or
11        $25,000  per  day.  The  injured  person shall not have a
12        cause of  action  against  the  electronic  mail  service
13        provider  that  merely  transmits  the  unsolicited  bulk
14        electronic  mail  over its computer network. Transmission
15        of electronic mail from an organization  to  its  members
16        shall  not  be  deemed  to be unsolicited bulk electronic
17        mail.
18             (3)  If the injury under this  Section  arises  from
19        the  transmission  of unsolicited bulk electronic mail in
20        contravention of the authority granted by or in violation
21        of the  policies  set  by  the  electronic  mail  service
22        provider   where  the  defendant  has  knowledge  of  the
23        authority or policies  of  the  electronic  mail  service
24        provider  or  where  the  authority  or  policies  of the
25        electronic mail service provider  are  available  on  the
26        electronic  mail  service  provider's website, an injured
27        electronic  mail  service  provider  may   also   recover
28        attorney's  fees  and  costs,  and  may elect, in lieu of
29        actual damages, to recover the greater of  $10  for  each
30        and   every  unsolicited  electronic  mail  advertisement
31        transmitted in violation of this Section, or $25,000  per
32        day. Transmission of electronic mail from an organization
33        to its members shall not be deemed to be unsolicited bulk
34        electronic mail.
 
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 1             (4)  At  the  request  of  any  party  to  an action
 2        brought pursuant to this subsection (c), the  court  may,
 3        in  its discretion, conduct all legal proceedings in such
 4        a way as to protect  the  secrecy  and  security  of  the
 5        computer,   computer  network,  computer  data,  computer
 6        program  and  computer  software  involved  in  order  to
 7        prevent possible recurrence of the same or a similar  act
 8        by another person and to protect any trade secrets of any
 9        party  and  in  such  a  way as to protect the privacy of
10        nonparties who complain about violations of this section.
11             (5)  The provisions of this subsection (c) shall not
12        be construed to limit any person's right  to  pursue  any
13        additional civil remedy otherwise allowed by law.

14        (720 ILCS 5/16D-6) (from Ch. 38, par. 16D-6)
15        Sec.  16D-6.   Forfeiture. 1.  Any person who commits the
16    offense of transmission of unsolicited bulk  electronic  mail
17    as  set  forth  in  Section  16D-4.1 or computer fraud as set
18    forth in  Section  16D-5  shall  forfeit,  according  to  the
19    provisions  of this Section, any monies, profits or proceeds,
20    and any interest  or  property  which  the  sentencing  court
21    determines   he  has  acquired  or  maintained,  directly  or
22    indirectly, in whole or in part, as a result of such offense.
23    Such person shall also forfeit  any  interest  in,  security,
24    claim against, or contractual right of any kind which affords
25    him  a  source  of influence over any enterprise which he has
26    established, operated, controlled, conducted or  participated
27    in  conducting,  where his relationship to or connection with
28    any such thing or activity directly or indirectly,  in  whole
29    or  in part, is traceable to any item or benefit which he has
30    obtained or acquired through computer fraud  or  transmission
31    of unsolicited bulk electronic mail.
32        Proceedings  instituted pursuant to this Section shall be
33    subject to and conducted in  accordance  with  the  following
 
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 1    procedures:
 2        (a)  The  sentencing  court  shall,  upon petition by the
 3    prosecuting agency, whether it is the Attorney General  or  a
 4    State's Attorney, at any time following sentencing, conduct a
 5    hearing   to  determine  whether  any  property  or  property
 6    interest is subject to forfeiture under this Section.  At the
 7    forfeiture hearing the People of the State of Illinois  shall
 8    have  the  burden  of establishing, by a preponderance of the
 9    evidence, that the property or property interests are subject
10    to such forfeiture.
11        (b)  In any action brought by the People of the State  of
12    Illinois  under  this Section, the circuit courts of Illinois
13    shall have jurisdiction to  enter  such  restraining  orders,
14    injunctions  or prohibitions, or to take such other action in
15    connection with any real,  personal,  or  mixed  property  or
16    other  interest subject to forfeiture, as they shall consider
17    proper.
18        (c)  In any action brought by the People of the State  of
19    Illinois  under  this Section, wherein any restraining order,
20    injunction or prohibition or any other action  in  connection
21    with  any  property  or  interest subject to forfeiture under
22    this Section is sought, the circuit court presiding over  the
23    trial of the person or persons charged with computer fraud or
24    transmission  of unsolicited bulk electronic mail shall first
25    determine whether there is probable cause to believe that the
26    person or persons so charged have committed  the  offense  of
27    computer  fraud or the offense of transmission of unsolicited
28    bulk electronic mail and whether the property or interest  is
29    subject  to  forfeiture pursuant to this Section. In order to
30    make this determination, prior to entering  any  such  order,
31    the  court  shall conduct a hearing without a jury, where the
32    People shall establish: (1) probable cause that the person or
33    persons so charged have committed  the  offense  of  computer
34    fraud  or  the  offense  of  transmission of unsolicited bulk
 
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 1    electronic mail, and (2) probable cause that any property  or
 2    interest  may  be  subject  to  forfeiture  pursuant  to this
 3    Section. Such hearing may be conducted simultaneously with  a
 4    preliminary  hearing  if  the  prosecution  is  commenced  by
 5    information  or  complaint, or by motion of the People at any
 6    stage in the proceedings. The court may enter  a  finding  of
 7    probable  cause at a preliminary hearing following the filing
 8    of an information charging the offense of computer  fraud  or
 9    the  offense  of  transmission of unsolicited bulk electronic
10    mail or the return of an indictment by a grand jury  charging
11    the  offense of computer fraud or the offense of transmission
12    of unsolicited bulk electronic mail as sufficient evidence of
13    probable cause for purposes of  this  Section.  Upon  such  a
14    finding,  the  circuit  court  shall  enter  such restraining
15    order, injunction or prohibition, or shall  take  such  other
16    action in connection with any such property or other interest
17    subject  to  forfeiture under this Section as is necessary to
18    insure  that  such  property  is   not   removed   from   the
19    jurisdiction  of the court, concealed, destroyed or otherwise
20    disposed of by the  owner  or  holder  of  that  property  or
21    interest  prior  to  a forfeiture hearing under this Section.
22    The  Attorney  General  or  State's  Attorney  shall  file  a
23    certified copy of such restraining order, injunction or other
24    prohibition with the recorder of deeds or registrar of titles
25    of each county where any such property of the  defendant  may
26    be  located.  No  such injunction, restraining order or other
27    prohibition  shall  affect  the  rights  of  any  bona   fide
28    purchaser,  mortgagee,  judgment creditor or other lienholder
29    arising prior to the date of such filing. The court  may,  at
30    any  time, upon verified petition by the defendant, conduct a
31    hearing to release all or portions of any  such  property  or
32    interest  which the court previously determined to be subject
33    to  forfeiture  or  subject   to   any   restraining   order,
34    injunction,  prohibition  or  other  action.  The  court  may
 
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 1    release  such  property to the defendant for good cause shown
 2    and within the sound discretion of the court.
 3        (d)  Upon conviction of a person under Section 16D-4.1 or
 4    Section 16D-5, the court shall authorize the Attorney General
 5    to seize and sell all property  or  other  interest  declared
 6    forfeited under this Act, unless such property is required by
 7    law  to  be  destroyed or is harmful to the public. The court
 8    may order the Attorney General to segregate  funds  from  the
 9    proceeds  of  such sale sufficient:  (1) to satisfy any order
10    of restitution, as the court may  deem  appropriate;  (2)  to
11    satisfy  any  legal right, title, or interest which the court
12    deems superior to  any  right,  title,  or  interest  of  the
13    defendant  at  the  time  of the commission of the acts which
14    gave rise to forfeiture under this Section; or (3) to satisfy
15    any bona-fide purchaser for value of  the  right,  title,  or
16    interest  in  the  property who was without reasonable notice
17    that the property was subject to forfeiture.   Following  the
18    entry  of  an order of forfeiture, the Attorney General shall
19    publish notice of the order and his intent to dispose of  the
20    property.  Within the 30 days following such publication, any
21    person  may  petition the court to adjudicate the validity of
22    his alleged interest in the property.
23        After  the  deduction  of  all  requisite   expenses   of
24    administration   and   sale,   the   Attorney  General  shall
25    distribute the proceeds of such sale, along with  any  moneys
26    forfeited or seized as follows:
27        (1)  50%  shall  be  distributed  to  the  unit  of local
28    government  whose  officers  or   employees   conducted   the
29    investigation   into   computer   fraud  or  transmission  of
30    unsolicited bulk electronic mail and  caused  the  arrest  or
31    arrests  and  prosecution  leading to the forfeiture. Amounts
32    distributed to units of local government shall  be  used  for
33    training  or  enforcement  purposes  relating  to  detection,
34    investigation  or  prosecution of financial crimes, including
 
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 1    computer  fraud  and   transmission   of   unsolicited   bulk
 2    electronic   mail.   In   the   event,   however,   that  the
 3    investigation, arrest or arrests and prosecution  leading  to
 4    the  forfeiture were undertaken solely by a State agency, the
 5    portion provided hereunder  shall  be  paid  into  the  State
 6    Police  Services  Fund  of  the  Illinois Department of State
 7    Police to  be  used  for  training  or  enforcement  purposes
 8    relating   to  detection,  investigation  or  prosecution  of
 9    financial crimes, including computer fraud  and  transmission
10    of unsolicited bulk electronic mail.
11        (2)  50%  shall be distributed to the county in which the
12    prosecution and petition  for  forfeiture  resulting  in  the
13    forfeiture  was  instituted  by  the  State's  Attorney,  and
14    deposited  in  a  special  fund  in  the  county treasury and
15    appropriated to the State's Attorney for use in  training  or
16    enforcement  purposes relating to detection, investigation or
17    prosecution of financial crimes, including computer fraud and
18    transmission of unsolicited bulk  electronic  mail.  Where  a
19    prosecution  and  petition  for  forfeiture  resulting in the
20    forfeiture has been maintained by the Attorney  General,  50%
21    of  the  proceeds  shall  be paid into the Attorney General's
22    Financial Crime Prevention Fund. Where the  Attorney  General
23    and  the  State's  Attorney  have participated jointly in any
24    part of the proceedings, 25% of the proceeds forfeited  shall
25    be  paid  to the county in which the prosecution and petition
26    for forfeiture resulting in the forfeiture occurred, and  25%
27    shall  be  paid  to  the  Attorney  General's Financial Crime
28    Prevention Fund to be used for the purposes as stated in this
29    subsection.
30        2.  Where any person commits a felony under any provision
31    of this Code or another statute and the instrumentality  used
32    in the commission of the offense, or in connection with or in
33    furtherance of a scheme or design to commit the offense, is a
34    computer  owned  by  the  defendant  or if the defendant is a
 
                            -14-     LRB093 05563 WGH 16062 a
 1    minor, owned by his or her parents  or  legal  guardian,  the
 2    computer  shall be subject to the provisions of this Section.
 3    However, in no case shall a computer, or any part thereof, be
 4    subject to the provisions of  the  Section  if  the  computer
 5    accessed  in the commission of the offense is owned or leased
 6    by the victim or an innocent third party at the time  of  the
 7    commission  of  the  offense  or  if the rights of creditors,
 8    lienholders, or any person having a security interest in  the
 9    computer  at  the time of the commission of the offense shall
10    be adversely affected.
11    (Source: P.A. 85-1042.)

12        Section 10.  The Code of Civil Procedure  is  amended  by
13    changing Section 2-209 as follows:

14        (735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
15        Sec. 2-209.  Act submitting to jurisdiction - Process.
16        (a)  Any  person, whether or not a citizen or resident of
17    this State, who in person or through an agent does any of the
18    acts hereinafter enumerated,  thereby  submits  such  person,
19    and, if an individual, his or her personal representative, to
20    the  jurisdiction of the courts of this State as to any cause
21    of action arising from the doing of any of such acts:
22             (1)  The transaction of  any  business  within  this
23        State;
24             (2)  The  commission  of  a tortious act within this
25        State;
26             (3)  The ownership, use, or possession of  any  real
27        estate situated in this State;
28             (4)  Contracting  to  insure any person, property or
29        risk  located  within  this  State   at   the   time   of
30        contracting;
31             (5)  With  respect  to  actions  of  dissolution  of
32        marriage, declaration of invalidity of marriage and legal
 
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 1        separation,   the   maintenance   in   this  State  of  a
 2        matrimonial domicile at the time  this  cause  of  action
 3        arose  or  the commission in this State of any act giving
 4        rise to the cause of action;
 5             (6)  With  respect  to  actions  brought  under  the
 6        Illinois Parentage Act  of  1984,  as  now  or  hereafter
 7        amended,  the performance of an act of sexual intercourse
 8        within  this  State  during  the   possible   period   of
 9        conception;
10             (7)  The  making  or  performance of any contract or
11        promise substantially connected with this State;
12             (8)  The performance of  sexual  intercourse  within
13        this  State  which  is  claimed  to  have resulted in the
14        conception of a child who resides in this State;
15             (9)  The failure  to  support  a  child,  spouse  or
16        former  spouse  who has continued to reside in this State
17        since the person either formerly  resided  with  them  in
18        this State or directed them to reside in this State;
19             (10)  The  acquisition  of  ownership, possession or
20        control of any asset or thing  of  value  present  within
21        this  State  when  ownership,  possession  or control was
22        acquired;
23             (11)  The breach of any fiduciary duty  within  this
24        State;
25             (12)  The  performance  of  duties  as a director or
26        officer of a corporation organized under the laws of this
27        State or having its principal place  of  business  within
28        this State;
29             (13)  The  ownership  of  an  interest  in any trust
30        administered within this State; or
31             (14)  The  exercise  of  powers  granted  under  the
32        authority of this State as a fiduciary; or
33             (15)  The use of  a  computer  or  computer  network
34        located  in  this State. For purposes of this subdivision
 
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 1        (15), "use" and "computer network" have the same meanings
 2        as those contained in Section 16D-2 of the Criminal  Code
 3        of 1961.
 4        (b)  A  court  may  exercise  jurisdiction  in any action
 5    arising within or without this State against any person who:
 6             (1)  Is a natural person present within  this  State
 7        when served;
 8             (2)  Is  a  natural  person  domiciled  or  resident
 9        within  this  State  when  the cause of action arose, the
10        action was commenced, or process was served;
11             (3)  Is a corporation organized under  the  laws  of
12        this State; or
13             (4)  Is   a  natural  person  or  corporation  doing
14        business within this State.
15        (c)  A court may also exercise jurisdiction on any  other
16    basis now or hereafter permitted by the Illinois Constitution
17    and the Constitution of the United States.
18        (d)  Service of process upon any person who is subject to
19    the  jurisdiction of the courts of this State, as provided in
20    this Section, may be made by personally serving  the  summons
21    upon  the  defendant  outside this State, as provided in this
22    Act, with the same force and effect  as  though  summons  had
23    been personally served within this State.
24        (e)  Service  of  process  upon any person who resides or
25    whose business address is outside the United States  and  who
26    is  subject  to the jurisdiction of the courts of this State,
27    as provided in this Section, in any action based upon product
28    liability may be made by serving a copy of the summons with a
29    copy of the complaint attached upon the Secretary  of  State.
30    The  summons  shall be accompanied by a $5 fee payable to the
31    Secretary of State.  The plaintiff  shall  forthwith  mail  a
32    copy  of the summons, upon which the date of service upon the
33    Secretary is clearly shown,  together  with  a  copy  of  the
34    complaint  to the defendant at his or her last known place of
 
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 1    residence or business address.  Plaintiff shall file with the
 2    circuit clerk an affidavit of the plaintiff  or  his  or  her
 3    attorney  stating  the  last  known place of residence or the
 4    last  known  business  address  of  the   defendant   and   a
 5    certificate of mailing a copy of the summons and complaint to
 6    the  defendant at such address as required by this subsection
 7    (e).   The  certificate  of  mailing  shall  be  prima  facie
 8    evidence that the plaintiff or his or her attorney  mailed  a
 9    copy  of  the  summons  and  complaint  to  the  defendant as
10    required. Service of the summons shall be deemed to have been
11    made upon the defendant on the date it  is  served  upon  the
12    Secretary  and shall have the same force and effect as though
13    summons had been personally served upon the defendant  within
14    this State.
15        (f)  Only  causes  of action arising from acts enumerated
16    herein may be asserted against a defendant in  an  action  in
17    which  jurisdiction  over him or her is based upon subsection
18    (a).
19        (g)  Nothing herein contained limits or affects the right
20    to serve any process in any other  manner  now  or  hereafter
21    provided by law.
22    (Source: P.A. 86-840.)".