100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2972

 

Introduced 2/15/2018, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-6  from Ch. 38, par. 16-6

    Amends the Criminal Code of 2012. Provides that a violation of the use of a scanning device or reencoder to defraud when the person knowingly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant is a Class 3 felony (rather than a Class 4 felony). Provides that a second or subsequent violation is a Class 2 felony (rather than a Class 3 felony). Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2972LRB100 18249 SLF 33452 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 16-6 as follows:
 
6    (720 ILCS 5/16-6)  (from Ch. 38, par. 16-6)
7    Sec. 16-6. Theft-related devices.
8    (a)(1) A person commits unlawful possession of a key or
9device for a coin-operated machine when he or she possesses a
10key, drawing, print, mold of a key, device, or substance
11designed to open, break into, tamper with, or damage a
12coin-operated machine, with intent to commit a theft from the
13machine.
14    (2) A person commits unlawful use of a key or device for a
15coin-operated machine when he or she with the intent to commit
16a theft from a coin-operated machine uses a key, drawing,
17print, mold of a key, device, or substance and causes damage or
18loss to the coin-operated machine of more than $300.
19    (b)(1) A person commits unlawful use of a theft detection
20shielding device when he or she knowingly manufactures, sells,
21offers for sale or distributes any theft detection shielding
22device.
23    (2) A person commits unlawful possession of a theft

 

 

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1detection shielding device when he or she knowingly possesses a
2theft detection shielding device with the intent to commit
3theft or retail theft.
4    (3) A person commits unlawful possession of a theft
5detection device remover when he or she knowingly possesses a
6theft detection device remover with the intent to use such tool
7to remove any theft detection device from any merchandise
8without the permission of the merchant or person owning or
9holding the merchandise.
10    (c) A person commits use of a scanning device or reencoder
11to defraud when the person knowingly uses:
12        (1) a scanning device to access, read, obtain,
13    memorize, or store, temporarily or permanently,
14    information encoded on the magnetic strip or stripe of a
15    payment card without the permission of the authorized user
16    of the payment card and with the intent to defraud the
17    authorized user, the issuer of the authorized user's
18    payment card, or a merchant; or
19        (2) a reencoder to place information encoded on the
20    magnetic strip or stripe of a payment card onto the
21    magnetic strip or stripe of a different card without the
22    permission of the authorized user of the card from which
23    the information is being reencoded and with the intent to
24    defraud the authorized user, the issuer of the authorized
25    user's payment card, or a merchant.
26    (d) Sentence. A violation of subdivision (a)(1), (b)(1),

 

 

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1(b)(2), or (b)(3) is a Class A misdemeanor. A second or
2subsequent violation of subdivision (b)(1), (b)(2), or (b)(3)
3is a Class 4 felony. A violation of subdivision (a)(2), (c)(1),
4or (c)(2) is a Class 4 felony. A violation of subdivision
5(c)(1) or (c)(2) is a Class 3 felony. A second or subsequent
6violation of subdivision (c)(1) or (c)(2) is a Class 2 3
7felony.
8    (e) The owner of a coin-operated machine may maintain a
9civil cause of action against a person engaged in the
10activities covered in subdivisions (a)(1) and (a)(2) and may
11recover treble actual damages, reasonable attorney's fees, and
12costs.
13    (f) As used in this Section, "substance" means a corrosive
14or acidic liquid or solid but does not include items purchased
15through a coin-operated machine at the location or acquired as
16condiments at the location of the coin-operated machine.
17    (g) For the purposes of this Section, "theft detection
18shielding device" means any laminated or coated bag or device
19peculiar to and marketed for shielding and intended to shield
20merchandise from detection by an electronic or magnetic theft
21alarm sensor.
22(Source: P.A. 97-597, eff. 1-1-12.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.