Full Text of SB0066 99th General Assembly
SB0066 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0066 Introduced 1/15/2015, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Creates the Smart Phone Theft Protection Act. Requires wireless communications device dealers to maintain a written record of every purchase or acquisition of a used wireless communications device for resale. Sets forth information that must be included in the written record. Provides that a law enforcement agency that has probable cause to believe a device has been stolen or is evidence of a crime may place an investigative hold on or confiscate the device. Requires the installation of video security cameras at a dealer's physical location. Provides that a violation of the Act is a Class B misdemeanor. Provides exemption from the application of the Act, including dealers who acquire devices for trade-in, or repair and refurbishment programs.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Smart | 5 | | Phone Theft Protection Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Internet marketplace" or "online platform" means a | 8 | | digitally accessible platform that facilitates commercial | 9 | | transactions between buyers and community-rated sellers where | 10 | | the operator or the platform does not take possession of, or | 11 | | title to, the goods bought or sold. | 12 | | "Law enforcement agency" means a duly authorized local, | 13 | | county, State, or federal law enforcement agency. | 14 | | "Repair and refurbishment program" means a program, | 15 | | offered by a wireless telephone service provider, | 16 | | manufacturer, or retailer who is not primarily engaged in | 17 | | purchasing personal property of any type from a person who is | 18 | | not a wholesaler, through which used or previously owned | 19 | | wireless communications devices are restored to good working | 20 | | order. | 21 | | "Trade-in program" means a program offered by a wireless | 22 | | telephone service provider, manufacturer, or retailer who is | 23 | | not primarily engaged in purchasing personal property of any |
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| 1 | | type from a person who is not a wholesaler, pursuant to which | 2 | | used wireless communications devices are accepted from | 3 | | customers in exchange for either a noncash credit usable only | 4 | | for the purchase of goods or services from the wireless | 5 | | telephone service provider, manufacturer, or retailer or a | 6 | | rebate from a manufacturer on the purchase of one of the | 7 | | manufacturer's wireless communications devices. | 8 | | "Wireless communications device" means a cellular phone or | 9 | | a portable electronic device that is capable of receiving and | 10 | | transmitting data, including, but not limited to, text messages | 11 | | and e-mail, without an access line for service. | 12 | | "Wireless communications device dealer" or "dealer" means | 13 | | an individual, partnership, limited partnership, limited | 14 | | liability company, corporation, or other entity engaged in the | 15 | | business of buying or selling used wireless communications | 16 | | devices. | 17 | | "Wireless communications device manufacturer" or | 18 | | "manufacturer" means an individual, partnership, limited | 19 | | partnership, limited liability company, corporation, or other | 20 | | entity engaged in the business of manufacturing wireless | 21 | | communications devices.
| 22 | | "Wireless telephone service provider" means a provider of | 23 | | wireless telephone services and its authorized dealers, | 24 | | distributors, and agents. | 25 | | Section 10. Wireless communications devices; acquisition |
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| 1 | | for resale; purchase or acquisition record required. | 2 | | (a) Every wireless communications device dealer, including | 3 | | an agent, employee, or representative of the dealer, but not an | 4 | | internet marketplace, shall keep a written record at the time | 5 | | of each purchase or acquisition of a used wireless | 6 | | communications device for resale. The record must include the | 7 | | following and may be kept in electronic form: | 8 | | (1) an accurate account or description of the wireless | 9 | | communications device purchased or acquired; | 10 | | (2) the date, time, and place or the online platform | 11 | | the wireless communications device was purchased or | 12 | | acquired; | 13 | | (3) the name and address of the person selling or | 14 | | delivering the wireless communications device; | 15 | | (4) the number of the check or electronic transfer used | 16 | | to purchase the wireless communications device; | 17 | | (5) the number from an identification document issued | 18 | | by any state, federal, or foreign government if the | 19 | | document includes the person's photograph, full name, | 20 | | birth date, and signature; and | 21 | | (6) a statement signed by the seller, under penalty of | 22 | | perjury, attesting that the wireless communications device | 23 | | is not stolen and is free of any liens or encumbrances and | 24 | | the seller has the right to sell it. | 25 | | (b) Records required to be maintained under this Section | 26 | | shall be retained by the wireless communications device dealer |
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| 1 | | for a period of 3 years. | 2 | | (c) The record, as well as the wireless communications | 3 | | device purchased or received, shall at all reasonable times be | 4 | | available for inspection by any law enforcement agency. | 5 | | (d) No record is required for wireless communications | 6 | | devices purchased from merchants, manufacturers, or wholesale | 7 | | dealers having an established place of business, but a bill of | 8 | | sale or other evidence of open or legitimate purchase of the | 9 | | wireless communications device shall be obtained and kept by | 10 | | the wireless communications device dealer, which must be shown | 11 | | upon demand to any law enforcement agency. | 12 | | (e) Except as otherwise provided in this Section, a | 13 | | wireless communications device dealer or the dealer's agent, | 14 | | employee, or representative may not disclose personal | 15 | | information received pursuant to subsection (a) concerning a | 16 | | customer without the customer's consent unless the disclosure | 17 | | is made in response to a request from a law enforcement agency. | 18 | | A wireless communications device dealer must implement | 19 | | reasonable safeguards to protect the security of the personal | 20 | | information and prevent unauthorized access to or disclosure of | 21 | | the information. For purposes of this Section, "personal | 22 | | information" is any individually identifiable information | 23 | | gathered in connection with a record under subsection (a).
| 24 | | Section 15. Records; prohibitions. A wireless | 25 | | communications device dealer, including an agent, employee, or |
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| 1 | | representative of the dealer, shall not: | 2 | | (1) make any false entry in the records of transactions | 3 | | involving a used wireless communications device; | 4 | | (2) falsify, obliterate, destroy, or remove from the | 5 | | place of business the records, books, or accounts relating | 6 | | to used wireless communications device transactions;
| 7 | | (3) refuse to allow the appropriate law enforcement | 8 | | agency to inspect records or any used wireless | 9 | | communications device in the dealer's possession during | 10 | | the ordinary hours of business or other times acceptable to | 11 | | both parties; | 12 | | (4) fail to maintain a record of each used wireless | 13 | | communications device transaction for 3 years; or | 14 | | (5) purchase a used wireless communications device | 15 | | from a person under the age of 18 years. | 16 | | Section 20. Payment for used wireless communications | 17 | | devices. A wireless communications device dealer shall pay for | 18 | | purchases of all used wireless communications devices by check | 19 | | mailed to a specific address or by electronic transfer. | 20 | | Section 25. Investigative holds; confiscation of property.
| 21 | | (a) Whenever a law enforcement official from any agency has | 22 | | probable cause to believe that a wireless communications device | 23 | | in the possession of a wireless communications device dealer is | 24 | | stolen or is evidence of a crime and notifies the dealer not to |
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| 1 | | sell the item, the dealer shall not process or sell the item or | 2 | | remove or allow its removal from the premises. This | 3 | | investigative hold must be confirmed in writing by the | 4 | | originating agency within 72 hours and remain in effect for 30 | 5 | | days from the date of initial notification, until the | 6 | | investigative hold is canceled or renewed, or until a law | 7 | | enforcement notification to confiscate or directive to release | 8 | | is issued, whichever comes first. | 9 | | (b) If a wireless communications device is identified as | 10 | | stolen or as evidence in a criminal case, a law enforcement | 11 | | official may: | 12 | | (1) physically confiscate and remove the wireless | 13 | | communications device from the wireless communications | 14 | | device dealer pursuant to a written notification; | 15 | | (2) place the wireless communications device on hold or | 16 | | extend the hold under subsection (a) and leave the device | 17 | | at the premises; or | 18 | | (3) direct its release to a registered owner or owner's | 19 | | agent. | 20 | | (c) When an item is confiscated, the law enforcement agency | 21 | | doing so shall provide identification upon request of the | 22 | | wireless communications device dealer, and shall provide the | 23 | | name and telephone number of the confiscating agency and | 24 | | investigator and the case number related to the confiscation. | 25 | | (d) When an investigative hold or notification to | 26 | | confiscate is no longer necessary, the law enforcement official |
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| 1 | | or designee shall notify the wireless communications device | 2 | | dealer. | 3 | | (e) A wireless communications device dealer may sell or | 4 | | otherwise dispose of the wireless communications device if:
(1) | 5 | | a notification to confiscate is not issued during the | 6 | | investigative hold; or
(2) a law enforcement official does not | 7 | | physically remove the wireless communications device from the | 8 | | premises within 15 calendar days from issuance of a | 9 | | notification to confiscate. | 10 | | (f) If a wireless communications device dealer is required | 11 | | to hold the wireless communications device at the direction of | 12 | | law enforcement for purposes of investigation or prosecution, | 13 | | or if the device is seized by law enforcement, the wireless | 14 | | communications device dealer and any other victim is entitled | 15 | | to seek restitution, including any out-of-pocket expenses for | 16 | | storage and lost profit, in any criminal case that may arise | 17 | | from the investigation against the individual who sold the | 18 | | wireless communications device to the wireless communications | 19 | | device dealer. | 20 | | Section 30. Video security cameras required.
| 21 | | (a) Each wireless communications device dealer shall | 22 | | install and maintain at each physical location video | 23 | | surveillance cameras, still digital cameras, or similar | 24 | | devices positioned to record or photograph a frontal view | 25 | | showing a readily identifiable image of the face of each seller |
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| 1 | | of a wireless communications device who enters the physical | 2 | | location. | 3 | | (b) The video camera or still digital camera must be kept | 4 | | in operating condition and must be shown upon request to a | 5 | | properly identified law enforcement officer for inspection. | 6 | | The camera must record and display the accurate date and time. | 7 | | The video camera or still digital camera must be turned on at | 8 | | all times when the physical location is open for business and | 9 | | at any other time when wireless communications devices are | 10 | | purchased or sold. | 11 | | (c) Recordings and images required by subsection (a) shall | 12 | | be retained by the wireless communications device dealer for a | 13 | | minimum period of 30 days and shall at all reasonable times be | 14 | | open to the inspection of any properly identified law | 15 | | enforcement officer. | 16 | | Section 35. Criminal penalty. A wireless communications | 17 | | device dealer, or the agent, employee, or representative of the | 18 | | wireless communications device dealer, who intentionally | 19 | | violates a provision of this Act is guilty of a Class B | 20 | | misdemeanor. | 21 | | Section 40. Application of Act.
| 22 | | (a) This Act does not apply with respect to a wireless | 23 | | communications device returned to the store where it was | 24 | | originally purchased pursuant to the return policies of the |
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| 1 | | wireless communications device dealer, wireless telephone | 2 | | service provider, manufacturer, or retailer. | 3 | | (b) This Act does not apply with respect to wireless | 4 | | communications devices acquired by a: | 5 | | (1) wireless telephone provider as part of a trade-in | 6 | | or a repair and refurbishment program; or | 7 | | (2) manufacturer as part of a trade-in program. | 8 | | (c) This Act does not apply to wireless communications | 9 | | device dealers regulated under the Pawnbroker Regulation Act.
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