Illinois General Assembly - Full Text of HB1091
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Full Text of HB1091  102nd General Assembly

HB1091sam004 102ND GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 4/8/2022

 

 


 

 


 
10200HB1091sam004LRB102 03105 RLC 39051 a

1
AMENDMENT TO HOUSE BILL 1091

2    AMENDMENT NO. ______. Amend House Bill 1091 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Illinois Integrity, Notification, and Fairness in Online
7Retail Marketplaces for Consumers (INFORM Consumers) Act.
8References in this Article to "this Act" mean this Article.
 
9    Section 1-5. Definitions. In this Act:
10    "Consumer product" means any tangible personal property
11that is distributed in commerce and that is normally used for
12personal, family, or household purposes (including any such
13property intended to be attached to or installed in any real
14property without regard to whether it is so attached or
15installed).

 

 

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1    "High-volume third-party seller" means a participant in an
2online marketplace who is a third-party seller and who, in any
3continuous 12-month period during the previous 24 months, has
4entered into 200 or more discrete sales or transactions of new
5or unused consumer products and has an aggregate total of
6$5,000 or more in gross revenue. For purposes of calculating
7the number of discrete sales or transactions or the aggregate
8gross revenues under subsection (a) of Section 1-10, an online
9marketplace shall only be required to count sales or
10transactions made through the online marketplace and for which
11payment was processed by the online marketplace, either
12directly or through its payment processor.
13    "Online marketplace" means any person or entity that:
14        (1) operates a consumer-directed electronically based
15    or accessed platform that includes features that allow
16    for, facilitate, or enable online third-party sellers to
17    engage in the sale, purchase, payment, storage, shipping,
18    or delivery of consumer products in this State;
19        (2) is used by one or more online third-party sellers
20    for such purposes; and
21        (3) has a contractual or similar relationship with
22    consumers governing their use of the platform to purchase
23    consumer product.
24    "Seller" means a person who sells, offers to sell, or
25contracts to sell consumer products through an online
26marketplace's platform.

 

 

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1    "Third-party seller" means any seller, independent of an
2online marketplace, who sells, offers to sell, or contracts to
3sell a consumer product in this State through an online
4marketplace. "Third-party seller" does not include, with
5respect to an online marketplace:
6        (1) a seller who operates the online marketplace's
7    platform; or
8        (2) a business entity that has:
9            (A) made available to the public the entity's
10        name, business address, and working contact
11        information;
12            (B) an ongoing contractual relationship with the
13        online marketplace to provide the online marketplace
14        with the manufacture, distribution, wholesaling, or
15        fulfillment of shipments of consumer products; and
16            (C) provided to the online marketplace identifying
17        information, as described in subsection (a) of Section
18        1-10, that has been verified in accordance with that
19        subsection.
20    "Verify" means to confirm information provided to an
21online marketplace, including, but not limited to, by the use
22of one or more methods that enable the online marketplace to
23reliably determine that any information and documents provided
24are valid, corresponding to the seller or an individual acting
25on the seller's behalf, not misappropriated, and not
26falsified.
 

 

 

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1    Section 1-10. Online marketplace verification.
2    (a) Online marketplaces shall require that any high-volume
3third-party seller on the online marketplace's platform
4provide the online marketplace with the following information
5no later than 10 days after qualifying as a high-volume
6third-party seller on the platform:
7        (1) A bank account number, or, if the high-volume
8    third-party seller does not have a bank account, the name
9    of the payee for payments issued by the online marketplace
10    to the high-volume third-party seller. The bank account or
11    payee information required may be provided by the seller
12    to the online marketplace or other third parties
13    contracted by the online marketplace to maintain the
14    information, so long as the online marketplace ensures
15    that it can obtain the information on demand from the
16    other third parties.
17        (2) The contact information for the high-volume
18    third-party seller. If the high-volume third-party seller
19    is an individual, the individual's name shall be provided.
20    If the high-volume third-party seller is not an
21    individual, a copy of a valid government-issued
22    identification for an individual acting on behalf of the
23    seller that includes the individual's name or a copy of a
24    valid government-issued record or tax document that
25    includes the business name and physical address of the

 

 

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1    seller shall be provided.
2        (3) A business tax identification number or, if the
3    high-volume third-party seller does not have a business
4    tax identification number, a taxpayer identification
5    number.
6        (4) A current working email address and phone number
7    for the high-volume third-party seller.
8    (b) An online marketplace shall periodically, but not less
9than annually, notify any high-volume third-party seller on
10the online marketplace's platform of the requirement to keep
11any information collected under subsection (a) current and
12require any high-volume third-party seller on the online
13marketplace's platform to, not later than 10 days after
14receiving the notice, electronically certify that:
15        (1) the high-volume third-party seller has provided
16    any changes to the information to the online marketplace,
17    if such changes have occurred;
18        (2) there have been no changes to the high-volume
19    third-party seller's information; or
20        (3) the high-volume third-party seller has provided
21    any changes to such information to the online marketplace.
22    (c) If a high-volume third-party seller does not provide
23the information or certification required under this Section,
24the online marketplace, after providing the seller with
25written or electronic notice and an opportunity to provide the
26information or certification not later than 10 days after the

 

 

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1issuance of the notice, shall suspend any future sales
2activity of the seller until the seller provides the
3information or certification.
4    (d) An online marketplace shall verify the information
5collected under subsection (a) no later than 10 days after the
6collection and shall verify any change to the information not
7later than 10 days after being notified of the change by a
8high-volume third-party seller under subsection (b). If a
9high-volume third-party seller provides a copy of a valid
10government-issued tax document, any information contained in
11the document shall be presumed to be verified as of the date of
12issuance of the document.
13    (e) An online marketplace shall require any high-volume
14third-party seller with an aggregate total of $20,000 or more
15in annual gross revenues on the online marketplace, and that
16uses the online marketplace's platform, to provide information
17to the online marketplace that includes the identity of the
18high-volume third-party seller, including:
19        (1) the full name of the seller or seller's company
20    name, or the name by which the seller or company operates
21    on the online marketplace;
22        (2) the physical address of the seller;
23        (3) the contact information of the seller including a
24    current working phone number; a current working email
25    address for the seller; or other means of direct
26    electronic messaging that may be provided to the

 

 

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1    high-volume third-party seller by the online marketplace
2    to allow for the direct, unhindered communication with
3    high-volume third-party sellers by users of the online
4    marketplace; and
5        (4) whether the high-volume third-party seller used a
6    different seller to supply consumer products to consumers
7    upon purchase, and, upon the request of a consumer, the
8    information described in paragraph (1) of this subsection
9    (e) relating to any such seller that supplied the consumer
10    product to the consumer, if the seller is different from
11    the high-volume third-party seller listed on the product
12    listing prior to purchase.
13    (f) An online marketplace shall provide to consumers the
14information in subsection (e) in a conspicuous manner: (i) in
15the order confirmation message or other document or
16communication made to a consumer after a purchase is
17finalized; and (ii) in the consumer's account transaction
18history.
19    (g) Upon the request of a high-volume third-party seller,
20an online marketplace may provide for partial disclosure of
21the identity information required under subsection (e) as
22follows:
23        (1) If the high-volume third-party seller certifies to
24    the online marketplace that the seller does not have a
25    business address and only has a residential street
26    address, or has a combined business and residential

 

 

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1    address, the online marketplace may disclose only the
2    country and, if applicable, the state in which the
3    high-volume third-party seller resides; and inform
4    consumers that there is no business address available for
5    the seller and that consumer inquiries should be submitted
6    to the seller by phone, email, or other means of
7    electronic messaging provided to the seller by the online
8    marketplace.
9        (2) If the high-volume third-party seller certifies to
10    the online marketplace that the seller is a business that
11    has a physical address for product returns, the online
12    marketplace may disclose the seller's physical address for
13    product returns.
14        (3) If a high-volume third-party seller certifies to
15    the online marketplace that the seller does not have a
16    phone number other than a personal phone number, the
17    online marketplace shall inform consumers that there is no
18    phone number available for the seller and that consumer
19    inquiries should be submitted to the seller's email
20    address or other means of electronic messaging provided to
21    the seller by the online marketplace.
22    (h) If an online marketplace becomes aware that a
23high-volume third-party seller has made a false representation
24to the online marketplace in order to justify the provision of
25a partial disclosure under subsection (g) or that a
26high-volume third-party seller who has requested and received

 

 

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1a provision for a partial disclosure under subsection (g) has
2not provided responsive answers within a reasonable time to
3consumer inquiries submitted to the seller by phone, email, or
4other means of electronic messaging provided to the seller by
5the online marketplace, the online marketplace shall, after
6providing the seller with written or electronic notice and an
7opportunity to respond not later than 10 days after the
8issuance of the notice, suspend any future sales activity of
9the seller unless the seller consents to the disclosure of the
10identity information required under subsection (e).
11    (i) If a high-volume third-party seller does not comply
12with the requirements to provide and disclose information
13under this Section, the online marketplace, after providing
14the seller with written or electronic notice and an
15opportunity to provide or disclose the information not later
16than 10 days after the issuance of the notice, shall suspend
17any future sales activity of the seller until the seller
18complies with the requirements.
19    (j) An online marketplace shall disclose to consumers in a
20clear and conspicuous manner on the product listing of any
21high-volume third-party seller a reporting mechanism that
22allows for electronic and telephonic reporting of suspicious
23marketplace activity to the online marketplace.
24    (k) Information collected solely to comply with the
25requirements of this Section may not be used for any other
26purpose unless required by law. An online marketplace shall

 

 

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1implement and maintain reasonable security procedures and
2practices, including administrative, physical, and technical
3safeguards, appropriate to the nature of the data and the
4purposes for which the data will be used, to protect the data
5collected under this Section from unauthorized use,
6disclosure, access, destruction, or modification.
7Notwithstanding anything to the contrary in this subsection,
8the Attorney General may request, by subpoena or otherwise,
9and use any information collected to comply with the
10requirements of this Section to enforce the provisions of this
11Act as set forth in subsection (l).
12    (l) If the Attorney General has reason to believe that any
13person has violated this Act, the Attorney General may bring
14an action in the name of the People of the State against the
15person to restrain by preliminary or permanent injunction the
16use of such a method, act, or practice. The court, in its
17discretion, may exercise all powers necessary, including, but
18not limited to: injunction; revocation, forfeiture, or
19suspension of any license, charter, franchise, certificate, or
20other evidence of authority of any person to do business in
21this State; appointment of a receiver; dissolution of domestic
22corporations or associations or suspension or termination of
23the right of foreign corporations or associations to do
24business in this State; and restitution. In the administration
25of this Section, the Attorney General may accept an Assurance
26of Voluntary Compliance with respect to any method, act, or

 

 

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1practice deemed to be violative of this Act from any person who
2has engaged in, is engaging in, or was ab to engage in such a
3method, act, or practice. Evidence of a violation of an
4Assurance of Voluntary Compliance shall be prima facie
5evidence of a violation of this Act in any subsequent
6proceeding brought by the Attorney General against the alleged
7violator. The Attorney General shall be empowered to issue
8subpoenas to or examine under oath any person alleged to have
9participated in or to have knowledge of the alleged method,
10act, or practice in violation of this Act. Nothing in this Act
11creates or is intended to create a private right of action
12against any high-volume third-party seller, online marketplace
13seller, or third-party seller based upon compliance or
14noncompliance with its provisions.
15    (m) To the extent that a substantially similar federal law
16or regulation conflicts with this Act, the federal law or
17regulation controls.
 
18    Section 1-15. Organized Retail Crime Enforcement Fund.
19    (a) There is created in the State treasury a special fund
20known as the Organized Retail Crime Enforcement Fund.
21    (b) Subject to appropriation, moneys in the Organized
22Retail Crime Enforcement Fund shall be used by the Office of
23the Attorney General to award grants to State's Attorneys'
24offices and law enforcement agencies to investigate, indict,
25and prosecute violations of organized retail crime.

 

 

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1    (c) Moneys received for purposes of this Section,
2including, but not limited to, fee receipts, gifts, grants,
3and awards from any public or private entity, must be
4deposited into the Fund.
5    (d) The Office of the Attorney General may use moneys in
6the Fund to investigate, indict, and prosecute violations of
7organized retail crime, for payment of awards and grants, and
8for ordinary and contingent expenses and operational programs,
9including law enforcement purposes.
10    (e) The Office of the Attorney General may set
11requirements for application and distribution of grant moneys.
12    (f) As used in this Section, "organized retail crime" has
13the meaning provided in Section 16-25.1 of the Criminal Code
14of 2012.
 
15    Section 1-20. The State Finance Act is amended by adding
16Section 5.970 as follows:
 
17    (30 ILCS 105/5.970 new)
18    Sec. 5.970. The Organized Retail Crime Enforcement Fund.
 
19
Article 2.

 
20    Section 2-5. The Criminal Code of 2012 is amended by
21changing Sections 16-0.1 and 17-37 and by adding Sections
2216-25.1 and 16-25.2 as follows:
 

 

 

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1    (720 ILCS 5/16-0.1)
2    Sec. 16-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5    "Access" means to use, instruct, communicate with, store
6data in, retrieve or intercept data from, or otherwise utilize
7any services of a computer.
8    "Coin-operated machine" includes any automatic vending
9machine or any part thereof, parking meter, coin telephone,
10coin-operated transit turnstile, transit fare box, coin
11laundry machine, coin dry cleaning machine, amusement machine,
12music machine, vending machine dispensing goods or services,
13or money changer.
14    "Communication device" means any type of instrument,
15device, machine, or equipment which is capable of
16transmitting, acquiring, decrypting, or receiving any
17telephonic, electronic, data, Internet access, audio, video,
18microwave, or radio transmissions, signals, communications, or
19services, including the receipt, acquisition, transmission, or
20decryption of all such communications, transmissions, signals,
21or services provided by or through any cable television, fiber
22optic, telephone, satellite, microwave, radio, Internet-based,
23data transmission, or wireless distribution network, system or
24facility; or any part, accessory, or component thereof,
25including any computer circuit, security module, smart card,

 

 

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1software, computer chip, electronic mechanism or other
2component, accessory or part of any communication device which
3is capable of facilitating the transmission, decryption,
4acquisition or reception of all such communications,
5transmissions, signals, or services.
6    "Communication service" means any service lawfully
7provided for a charge or compensation to facilitate the lawful
8origination, transmission, emission, or reception of signs,
9signals, data, writings, images, and sounds or intelligence of
10any nature by telephone, including cellular telephones or a
11wire, wireless, radio, electromagnetic, photo-electronic or
12photo-optical system; and also any service lawfully provided
13by any radio, telephone, cable television, fiber optic,
14satellite, microwave, Internet-based or wireless distribution
15network, system, facility or technology, including, but not
16limited to, any and all electronic, data, video, audio,
17Internet access, telephonic, microwave and radio
18communications, transmissions, signals and services, and any
19such communications, transmissions, signals and services
20lawfully provided directly or indirectly by or through any of
21those networks, systems, facilities or technologies.
22    "Communication service provider" means: (1) any person or
23entity providing any communication service, whether directly
24or indirectly, as a reseller, including, but not limited to, a
25cellular, paging or other wireless communications company or
26other person or entity which, for a fee, supplies the

 

 

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1facility, cell site, mobile telephone switching office or
2other equipment or communication service; (2) any person or
3entity owning or operating any cable television, fiber optic,
4satellite, telephone, wireless, microwave, radio, data
5transmission or Internet-based distribution network, system or
6facility; and (3) any person or entity providing any
7communication service directly or indirectly by or through any
8such distribution system, network or facility.
9    "Computer" means a device that accepts, processes, stores,
10retrieves or outputs data, and includes but is not limited to
11auxiliary storage and telecommunications devices connected to
12computers.
13    "Continuing course of conduct" means a series of acts, and
14the accompanying mental state necessary for the crime in
15question, irrespective of whether the series of acts are
16continuous or intermittent.
17    "Delivery container" means any bakery basket of wire or
18plastic used to transport or store bread or bakery products,
19any dairy case of wire or plastic used to transport or store
20dairy products, and any dolly or cart of 2 or 4 wheels used to
21transport or store any bakery or dairy product.
22    "Document-making implement" means any implement,
23impression, template, computer file, computer disc, electronic
24device, computer hardware, computer software, instrument, or
25device that is used to make a real or fictitious or fraudulent
26personal identification document.

 

 

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1    "Financial transaction device" means any of the following:
2        (1) An electronic funds transfer card.
3        (2) A credit card.
4        (3) A debit card.
5        (4) A point-of-sale card.
6        (5) Any instrument, device, card, plate, code, account
7    number, personal identification number, or a record or
8    copy of a code, account number, or personal identification
9    number or other means of access to a credit account or
10    deposit account, or a driver's license or State
11    identification card used to access a proprietary account,
12    other than access originated solely by a paper instrument,
13    that can be used alone or in conjunction with another
14    access device, for any of the following purposes:
15            (A) Obtaining money, cash refund or credit
16        account, credit, goods, services, or any other thing
17        of value.
18            (B) Certifying or guaranteeing to a person or
19        business the availability to the device holder of
20        funds on deposit to honor a draft or check payable to
21        the order of that person or business.
22            (C) Providing the device holder access to a
23        deposit account for the purpose of making deposits,
24        withdrawing funds, transferring funds between deposit
25        accounts, obtaining information pertaining to a
26        deposit account, or making an electronic funds

 

 

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1        transfer.
2    "Full retail value" means the merchant's stated or
3advertised price of the merchandise. "Full retail value"
4includes the aggregate value of property obtained from retail
5thefts committed by the same person as part of a continuing
6course of conduct from one or more mercantile establishments
7in a single transaction or in separate transactions over a
8period of one year.
9    "Internet" means an interactive computer service or system
10or an information service, system, or access software provider
11that provides or enables computer access by multiple users to
12a computer server, and includes, but is not limited to, an
13information service, system, or access software provider that
14provides access to a network system commonly known as the
15Internet, or any comparable system or service and also
16includes, but is not limited to, a World Wide Web page,
17newsgroup, message board, mailing list, or chat area on any
18interactive computer service or system or other online
19service.
20    "Library card" means a card or plate issued by a library
21facility for purposes of identifying the person to whom the
22library card was issued as authorized to borrow library
23material, subject to all limitations and conditions imposed on
24the borrowing by the library facility issuing such card.
25    "Library facility" includes any public library or museum,
26or any library or museum of an educational, historical or

 

 

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1eleemosynary institution, organization or society.
2    "Library material" includes any book, plate, picture,
3photograph, engraving, painting, sculpture, statue, artifact,
4drawing, map, newspaper, pamphlet, broadside, magazine,
5manuscript, document, letter, microfilm, sound recording,
6audiovisual material, magnetic or other tape, electronic data
7processing record or other documentary, written or printed
8material regardless of physical form or characteristics, or
9any part thereof, belonging to, or on loan to or otherwise in
10the custody of a library facility.
11    "Manufacture or assembly of an unlawful access device"
12means to make, produce or assemble an unlawful access device
13or to modify, alter, program or re-program any instrument,
14device, machine, equipment or software so that it is capable
15of defeating or circumventing any technology, device or
16software used by the provider, owner or licensee of a
17communication service or of any data, audio or video programs
18or transmissions to protect any such communication, data,
19audio or video services, programs or transmissions from
20unauthorized access, acquisition, disclosure, receipt,
21decryption, communication, transmission or re-transmission.
22    "Manufacture or assembly of an unlawful communication
23device" means to make, produce or assemble an unlawful
24communication or wireless device or to modify, alter, program
25or reprogram a communication or wireless device to be capable
26of acquiring, disrupting, receiving, transmitting, decrypting,

 

 

10200HB1091sam004- 19 -LRB102 03105 RLC 39051 a

1or facilitating the acquisition, disruption, receipt,
2transmission or decryption of, a communication service without
3the express consent or express authorization of the
4communication service provider, or to knowingly assist others
5in those activities.
6    "Master sound recording" means the original physical
7object on which a given set of sounds were first recorded and
8which the original object from which all subsequent sound
9recordings embodying the same set of sounds are directly or
10indirectly derived.
11    "Merchandise" means any item of tangible personal
12property, including motor fuel.
13    "Merchant" means an owner or operator of any retail
14mercantile establishment or any agent, employee, lessee,
15consignee, officer, director, franchisee, or independent
16contractor of the owner or operator. "Merchant" also means a
17person who receives from an authorized user of a payment card,
18or someone the person believes to be an authorized user, a
19payment card or information from a payment card, or what the
20person believes to be a payment card or information from a
21payment card, as the instrument for obtaining, purchasing or
22receiving goods, services, money, or anything else of value
23from the person.
24    "Motor fuel" means a liquid, regardless of its properties,
25used to propel a vehicle, including gasoline and diesel.
26    "Online" means the use of any electronic or wireless

 

 

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1device to access the Internet.
2    "Payment card" means a credit card, charge card, debit
3card, or any other card that is issued to an authorized card
4user and that allows the user to obtain, purchase, or receive
5goods, services, money, or anything else of value from a
6merchant.
7    "Person with a disability" means a person who suffers from
8a physical or mental impairment resulting from disease,
9injury, functional disorder or congenital condition that
10impairs the individual's mental or physical ability to
11independently manage his or her property or financial
12resources, or both.
13    "Personal identification document" means a birth
14certificate, a driver's license, a State identification card,
15a public, government, or private employment identification
16card, a social security card, a firearm owner's identification
17card, a credit card, a debit card, or a passport issued to or
18on behalf of a person other than the offender, or any document
19made or issued, or falsely purported to have been made or
20issued, by or under the authority of the United States
21Government, the State of Illinois, or any other state
22political subdivision of any state, or any other governmental
23or quasi-governmental organization that is of a type intended
24for the purpose of identification of an individual, or any
25such document made or altered in a manner that it falsely
26purports to have been made on behalf of or issued to another

 

 

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1person or by the authority of one who did not give that
2authority.
3    "Personal identifying information" means any of the
4following information:
5        (1) A person's name.
6        (2) A person's address.
7        (3) A person's date of birth.
8        (4) A person's telephone number.
9        (5) A person's driver's license number or State of
10    Illinois identification card as assigned by the Secretary
11    of State of the State of Illinois or a similar agency of
12    another state.
13        (6) A person's social security number.
14        (7) A person's public, private, or government
15    employer, place of employment, or employment
16    identification number.
17        (8) The maiden name of a person's mother.
18        (9) The number assigned to a person's depository
19    account, savings account, or brokerage account.
20        (10) The number assigned to a person's credit or debit
21    card, commonly known as a "Visa Card", "MasterCard",
22    "American Express Card", "Discover Card", or other similar
23    cards whether issued by a financial institution,
24    corporation, or business entity.
25        (11) Personal identification numbers.
26        (12) Electronic identification numbers.

 

 

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1        (13) Digital signals.
2        (14) User names, passwords, and any other word,
3    number, character or combination of the same usable in
4    whole or part to access information relating to a specific
5    individual, or to the actions taken, communications made
6    or received, or other activities or transactions of a
7    specific individual.
8        (15) Any other numbers or information which can be
9    used to access a person's financial resources, or to
10    identify a specific individual, or the actions taken,
11    communications made or received, or other activities or
12    transactions of a specific individual.
13    "Premises of a retail mercantile establishment" includes,
14but is not limited to, the retail mercantile establishment;
15any common use areas in shopping centers; and all parking
16areas set aside by a merchant or on behalf of a merchant for
17the parking of vehicles for the convenience of the patrons of
18such retail mercantile establishment.
19    "Public water, gas, or power supply, or other public
20services" mean any service subject to regulation by the
21Illinois Commerce Commission; any service furnished by a
22public utility that is owned and operated by any political
23subdivision, public institution of higher education or
24municipal corporation of this State; any service furnished by
25any public utility that is owned by such political
26subdivision, public institution of higher education, or

 

 

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1municipal corporation and operated by any of its lessees or
2operating agents; any service furnished by an electric
3cooperative as defined in Section 3.4 of the Electric Supplier
4Act; or wireless service or other service regulated by the
5Federal Communications Commission.
6    "Publish" means to communicate or disseminate information
7to any one or more persons, either orally, in person, or by
8telephone, radio or television or in writing of any kind,
9including, without limitation, a letter or memorandum,
10circular or handbill, newspaper or magazine article or book.
11    "Radio frequency identification device" means any
12implement, computer file, computer disc, electronic device,
13computer hardware, computer software, or instrument that is
14used to activate, read, receive, or decode information stored
15on a RFID tag or transponder attached to a personal
16identification document.
17    "RFID tag or transponder" means a chip or device that
18contains personal identifying information from which the
19personal identifying information can be read or decoded by
20another device emitting a radio frequency that activates or
21powers a radio frequency emission response from the chip or
22transponder.
23    "Reencoder" means an electronic device that places encoded
24information from the magnetic strip or stripe of a payment
25card onto the magnetic strip or stripe of a different payment
26card.

 

 

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1    "Retail mercantile establishment" means any place where
2merchandise is displayed, held, stored or offered for sale to
3the public.
4    "Scanning device" means a scanner, reader, or any other
5electronic device that is used to access, read, scan, obtain,
6memorize, or store, temporarily or permanently, information
7encoded on the magnetic strip or stripe of a payment card.
8    "Shopping cart" means those push carts of the type or
9types which are commonly provided by grocery stores, drug
10stores or other retail mercantile establishments for the use
11of the public in transporting commodities in stores and
12markets and, incidentally, from the stores to a place outside
13the store.
14    "Sound or audio visual recording" means any sound or audio
15visual phonograph record, disc, pre-recorded tape, film, wire,
16magnetic tape or other object, device or medium, now known or
17hereafter invented, by which sounds or images may be
18reproduced with or without the use of any additional machine,
19equipment or device.
20    "Stored value card" means any card, gift card, instrument,
21or device issued with or without fee for the use of the
22cardholder to obtain money, goods, services, or anything else
23of value. Stored value cards include, but are not limited to,
24cards issued for use as a stored value card or gift card, and
25an account identification number or symbol used to identify a
26stored value card. "Stored value card" does not include a

 

 

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1prepaid card usable at multiple, unaffiliated merchants or at
2automated teller machines, or both. "Stored value card" shall
3only apply to Section 16-25.1 of this Act.
4    "Theft detection device remover" means any tool or device
5specifically designed and intended to be used to remove any
6theft detection device from any merchandise.
7    "Under-ring" means to cause the cash register or other
8sales recording device to reflect less than the full retail
9value of the merchandise.
10    "Unidentified sound or audio visual recording" means a
11sound or audio visual recording without the actual name and
12full and correct street address of the manufacturer, and the
13name of the actual performers or groups prominently and
14legibly printed on the outside cover or jacket and on the label
15of such sound or audio visual recording.
16    "Unlawful access device" means any type of instrument,
17device, machine, equipment, technology, or software which is
18primarily possessed, used, designed, assembled, manufactured,
19sold, distributed or offered, promoted or advertised for the
20purpose of defeating or circumventing any technology, device
21or software, or any component or part thereof, used by the
22provider, owner or licensee of any communication service or of
23any data, audio or video programs or transmissions to protect
24any such communication, audio or video services, programs or
25transmissions from unauthorized access, acquisition, receipt,
26decryption, disclosure, communication, transmission or

 

 

10200HB1091sam004- 26 -LRB102 03105 RLC 39051 a

1re-transmission.
2    "Unlawful communication device" means any electronic
3serial number, mobile identification number, personal
4identification number or any communication or wireless device
5that is capable of acquiring or facilitating the acquisition
6of a communication service without the express consent or
7express authorization of the communication service provider,
8or that has been altered, modified, programmed or
9reprogrammed, alone or in conjunction with another
10communication or wireless device or other equipment, to so
11acquire or facilitate the unauthorized acquisition of a
12communication service. "Unlawful communication device" also
13means:
14        (1) any phone altered to obtain service without the
15    express consent or express authorization of the
16    communication service provider, tumbler phone, counterfeit
17    or clone phone, tumbler microchip, counterfeit or clone
18    microchip, scanning receiver of wireless communication
19    service or other instrument capable of disguising its
20    identity or location or of gaining unauthorized access to
21    a communications or wireless system operated by a
22    communication service provider; and
23        (2) any communication or wireless device which is
24    capable of, or has been altered, designed, modified,
25    programmed or reprogrammed, alone or in conjunction with
26    another communication or wireless device or devices, so as

 

 

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1    to be capable of, facilitating the disruption,
2    acquisition, receipt, transmission or decryption of a
3    communication service without the express consent or
4    express authorization of the communication service
5    provider, including, but not limited to, any device,
6    technology, product, service, equipment, computer software
7    or component or part thereof, primarily distributed, sold,
8    designed, assembled, manufactured, modified, programmed,
9    reprogrammed or used for the purpose of providing the
10    unauthorized receipt of, transmission of, disruption of,
11    decryption of, access to or acquisition of any
12    communication service provided by any communication
13    service provider.
14    "Vehicle" means a motor vehicle, motorcycle, or farm
15implement that is self-propelled and that uses motor fuel for
16propulsion.
17    "Wireless device" includes any type of instrument, device,
18machine, or equipment that is capable of transmitting or
19receiving telephonic, electronic or radio communications, or
20any part of such instrument, device, machine, or equipment, or
21any computer circuit, computer chip, electronic mechanism, or
22other component that is capable of facilitating the
23transmission or reception of telephonic, electronic, or radio
24communications.
25(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
261-1-12; 97-1109, eff. 1-1-13.)
 

 

 

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1    (720 ILCS 5/16-25.1 new)
2    Sec. 16-25.1. Organized retail crime.
3    (a) An individual is guilty of organized retail crime when
4that individual, in concert with another individual or any
5group of individuals, knowingly commits the act of retail
6theft from one or more retail mercantile establishments, and
7in the course of or in furtherance of such crime or flight
8therefrom:
9        (1) knowingly commits assault as defined under Section
10    12-1 or battery as defined under Section 12-3(a)(2) on the
11    premises of the retail mercantile establishment;
12        (2) knowingly commits a battery under Section
13    12-3(a)(1) on the premises of the retail mercantile
14    establishment; or
15        (3) intentionally destroys or damages the property of
16    the retail mercantile establishment.
17    (b) An individual is guilty of being a manager of the
18organized retail crime when that individual knowingly
19recruits, organizes, supervises, finances, or otherwise
20manages or directs any other individual or individuals to:
21        (1) commit the act of retail theft from one or more
22    retail mercantile establishments, if the aggregate value
23    of the merchandise exceeds $300, and the manager or the
24    individual has the intent to resell the merchandise or
25    otherwise have the merchandise reenter the stream of

 

 

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1    commerce;
2        (2) commit theft of merchandise, the aggregate retail
3    value of which exceeds $300, while the merchandise is in
4    transit from the manufacturer to the retail mercantile
5    establishment, and the manager or the individual has the
6    intent to resell the merchandise;
7        (3) obtain control over property for sale or resale,
8    the aggregate retail value of which exceeds $300, knowing
9    the property to have been stolen or under such
10    circumstances as would reasonably induce the individual to
11    believe that the property was stolen; or
12        (4) receive, possess, or purchase any merchandise or
13    stored value cards, the aggregate retail value of which
14    exceeds $300, obtained from a fraudulent return with the
15    knowledge that the property was obtained in violation of
16    this Section or Section 16-25.
17    (c) If acts or omissions constituting any part of the
18commission of the charged offense under the Section occurred
19in more than one county, each county has concurrent venue. If
20the charged offenses under this Section occurred in more than
21one county, the counties may join the offenses in a single
22criminal pleading and have concurrent venue as to all charged
23offenses. When counties have concurrent venue, the first
24county in which a criminal complaint, information, or
25indictment is issued in the case becomes the county with
26exclusive venue. A violation of organized retail crime may be

 

 

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1investigated, indicted, and prosecuted pursuant to the
2Statewide Grand Jury Act.
3    (d) Sentence. A violation of paragraph (1) or (3) of
4subsection (a) is a Class 3 felony. A violation of paragraph
5(2) of subsection (a) is a Class 2 felony. A violation of
6subsection (b) is a Class 2 felony.
 
7    (720 ILCS 5/16-25.2 new)
8    Sec. 16-25.2. Retail loss prevention report and notice
9requirements.
10    (a) A retail mercantile establishment that is a victim of
11a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
12have the right:
13        (1) to timely notification of all court proceedings as
14    defined under subsection (e) of Section 3 of the Rights of
15    Crime Victims and Witnesses Act. Timely notice shall
16    include 7 days' notice of any court proceedings. Timely
17    notice shall be sent to the location of the retail
18    mercantile establishment where the violation occurred and
19    to the point of contact as provided by the retail
20    mercantile establishment. The point of contact may be any
21    employee of the retail mercantile establishment or
22    representative as provided by the retail mercantile
23    establishment;
24        (2) to communicate with the prosecution;
25        (3) to be reasonably heard at any post-arraignment

 

 

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1    court proceeding in which a right of the victim is at issue
2    and any court proceeding involving a post-arraignment
3    release decision, plea, or sentencing;
4        (4) to be notified of the conviction, the sentence,
5    the imprisonment, and the release of the accused; and
6        (5) to have present at all court proceedings subject
7    to the rules of evidence an advocate of the retail
8    mercantile establishment's choice.
9    (b) Unless a retail mercantile establishment refuses to
10file a report regarding the incident, the law enforcement
11agency having jurisdiction shall file a report concerning the
12incident with the State's Attorney. No law enforcement agent
13shall discourage or attempt to discourage a retail mercantile
14establishment from filing a police report concerning the
15incident. Upon the request of the retail mercantile
16establishment, the law enforcement agency having jurisdiction
17shall provide a free copy of the police report concerning the
18incident, as soon as practicable, but in no event later than 5
19business days after the request. The Illinois Law Enforcement
20Training Standards Board shall not consider any allegation of
21a violation of this subsection that is contained in a
22complaint made under Section 1-35 of the Police and Community
23Relations Improvement Act.
 
24    (720 ILCS 5/17-37)
25    Sec. 17-37. Use of credit or debit card with intent to

 

 

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1defraud.
2    (a) A cardholder who uses a credit card or debit card
3issued to him or her, or allows another person to use a credit
4card or debit card issued to him or her, with intent to defraud
5the issuer, or a person providing an item or items of value, or
6any other person is guilty of a Class A misdemeanor if the
7value of all items of value does not exceed $150 in any 6-month
8period; and is guilty of a Class 4 felony if the value exceeds
9$150 in any 6-month period.
10    (b) Where an investigation into an intent to defraud under
11subsection (a) occurs, issuers shall consider a merchant's
12timely submission of compelling evidence under the applicable
13dispute management guidelines of the card association with
14whom the merchant maintains an agreement. A merchant shall
15comply with merchant responsibilities under any such
16agreement.
17(Source: P.A. 96-1551, eff. 7-1-11.)
 
18    Section 2-10. The Statewide Grand Jury Act is amended by
19changing Sections 2, 3, and 4 as follows:
 
20    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
21    Sec. 2. (a) County grand juries and State's Attorneys have
22always had and shall continue to have primary responsibility
23for investigating, indicting, and prosecuting persons who
24violate the criminal laws of the State of Illinois. However,

 

 

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1in recent years organized terrorist activity directed against
2innocent civilians and certain criminal enterprises have
3developed that require investigation, indictment, and
4prosecution on a statewide or multicounty level. The criminal
5enterprises exist as a result of the allure of profitability
6present in narcotic activity, the unlawful sale and transfer
7of firearms, and streetgang related felonies and organized
8terrorist activity is supported by the contribution of money
9and expert assistance from geographically diverse sources. In
10order to shut off the life blood of terrorism and weaken or
11eliminate the criminal enterprises, assets, and property used
12to further these offenses must be frozen, and any profit must
13be removed. State statutes exist that can accomplish that
14goal. Among them are the offense of money laundering,
15violations of Article 29D of the Criminal Code of 1961 or the
16Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
17and gunrunning. Local prosecutors need investigative personnel
18and specialized training to attack and eliminate these
19profits. In light of the transitory and complex nature of
20conduct that constitutes these criminal activities, the many
21diverse property interests that may be used, acquired directly
22or indirectly as a result of these criminal activities, and
23the many places that illegally obtained property may be
24located, it is the purpose of this Act to create a limited,
25multicounty Statewide Grand Jury with authority to
26investigate, indict, and prosecute: narcotic activity,

 

 

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1including cannabis and controlled substance trafficking,
2narcotics racketeering, money laundering, violations of the
3Cannabis and Controlled Substances Tax Act, and violations of
4Article 29D of the Criminal Code of 1961 or the Criminal Code
5of 2012; the unlawful sale and transfer of firearms;
6gunrunning; and streetgang related felonies.
7    (b) A Statewide Grand Jury may also investigate, indict,
8and prosecute violations facilitated by the use of a computer
9of any of the following offenses: indecent solicitation of a
10child, sexual exploitation of a child, soliciting for a
11juvenile prostitute, keeping a place of juvenile prostitution,
12juvenile pimping, child pornography, aggravated child
13pornography, or promoting juvenile prostitution except as
14described in subdivision (a)(4) of Section 11-14.4 of the
15Criminal Code of 1961 or the Criminal Code of 2012.
16    (c) A Statewide Grand Jury may also investigate, indict,
17and prosecute violations of organized retail crime.
18(Source: P.A. 101-593, eff. 12-4-19.)
 
19    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
20    Sec. 3. Written application for the appointment of a
21Circuit Judge to convene and preside over a Statewide Grand
22Jury, with jurisdiction extending throughout the State, shall
23be made to the Chief Justice of the Supreme Court. Upon such
24written application, the Chief Justice of the Supreme Court
25shall appoint a Circuit Judge from the circuit where the

 

 

10200HB1091sam004- 35 -LRB102 03105 RLC 39051 a

1Statewide Grand Jury is being sought to be convened, who shall
2make a determination that the convening of a Statewide Grand
3Jury is necessary.
4    In such application the Attorney General shall state that
5the convening of a Statewide Grand Jury is necessary because
6of an alleged offense or offenses set forth in this Section
7involving more than one county of the State and identifying
8any such offense alleged; and
9        (a) that he or she believes that the grand jury
10    function for the investigation and indictment of the
11    offense or offenses cannot effectively be performed by a
12    county grand jury together with the reasons for such
13    belief, and
14        (b)(1) that each State's Attorney with jurisdiction
15    over an offense or offenses to be investigated has
16    consented to the impaneling of the Statewide Grand Jury,
17    or
18        (2) if one or more of the State's Attorneys having
19    jurisdiction over an offense or offenses to be
20    investigated fails to consent to the impaneling of the
21    Statewide Grand Jury, the Attorney General shall set forth
22    good cause for impaneling the Statewide Grand Jury.
23    If the Circuit Judge determines that the convening of a
24Statewide Grand Jury is necessary, he or she shall convene and
25impanel the Statewide Grand Jury with jurisdiction extending
26throughout the State to investigate and return indictments:

 

 

10200HB1091sam004- 36 -LRB102 03105 RLC 39051 a

1        (a) For violations of any of the following or for any
2    other criminal offense committed in the course of
3    violating any of the following: Article 29D of the
4    Criminal Code of 1961 or the Criminal Code of 2012, the
5    Illinois Controlled Substances Act, the Cannabis Control
6    Act, the Methamphetamine Control and Community Protection
7    Act, or the Narcotics Profit Forfeiture Act; a streetgang
8    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
9    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
10    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
11    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
12    of 1961 or the Criminal Code of 2012; or a money laundering
13    offense; provided that the violation or offense involves
14    acts occurring in more than one county of this State; and
15        (a-5) For violations facilitated by the use of a
16    computer, including the use of the Internet, the World
17    Wide Web, electronic mail, message board, newsgroup, or
18    any other commercial or noncommercial on-line service, of
19    any of the following offenses: indecent solicitation of a
20    child, sexual exploitation of a child, soliciting for a
21    juvenile prostitute, keeping a place of juvenile
22    prostitution, juvenile pimping, child pornography,
23    aggravated child pornography, or promoting juvenile
24    prostitution except as described in subdivision (a)(4) of
25    Section 11-14.4 of the Criminal Code of 1961 or the
26    Criminal Code of 2012; and

 

 

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1        (b) For the offenses of perjury, subornation of
2    perjury, communicating with jurors and witnesses, and
3    harassment of jurors and witnesses, as they relate to
4    matters before the Statewide Grand Jury.
5    "Streetgang related" has the meaning ascribed to it in
6Section 10 of the Illinois Streetgang Terrorism Omnibus
7Prevention Act.
8    Upon written application by the Attorney General for the
9convening of an additional Statewide Grand Jury, the Chief
10Justice of the Supreme Court shall appoint a Circuit Judge
11from the circuit for which the additional Statewide Grand Jury
12is sought. The Circuit Judge shall determine the necessity for
13an additional Statewide Grand Jury in accordance with the
14provisions of this Section. No more than 2 Statewide Grand
15Juries may be empaneled at any time.
16(Source: P.A. 101-593, eff. 12-4-19.)
 
17    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
18    Sec. 4. (a) The presiding judge of the Statewide Grand
19Jury will receive recommendations from the Attorney General as
20to the county in which the Grand Jury will sit. Prior to making
21the recommendations, the Attorney General shall obtain the
22permission of the local State's Attorney to use his or her
23county for the site of the Statewide Grand Jury. Upon
24receiving the Attorney General's recommendations, the
25presiding judge will choose one of those recommended locations

 

 

10200HB1091sam004- 38 -LRB102 03105 RLC 39051 a

1as the site where the Grand Jury shall sit.
2    Any indictment by a Statewide Grand Jury shall be returned
3to the Circuit Judge presiding over the Statewide Grand Jury
4and shall include a finding as to the county or counties in
5which the alleged offense was committed. Thereupon, the judge
6shall, by order, designate the county of venue for the purpose
7of trial. The judge may also, by order, direct the
8consolidation of an indictment returned by a county grand jury
9with an indictment returned by the Statewide Grand Jury and
10set venue for trial.
11    (b) Venue for purposes of trial for the offense of
12narcotics racketeering shall be proper in any county where:
13        (1) Cannabis or a controlled substance which is the
14    basis for the charge of narcotics racketeering was used;
15    acquired; transferred or distributed to, from or through;
16    or any county where any act was performed to further the
17    use; acquisition, transfer or distribution of said
18    cannabis or controlled substance; or
19        (2) Any money, property, property interest, or any
20    other asset generated by narcotics activities was
21    acquired, used, sold, transferred or distributed to, from
22    or through; or,
23        (3) Any enterprise interest obtained as a result of
24    narcotics racketeering was acquired, used, transferred or
25    distributed to, from or through, or where any activity was
26    conducted by the enterprise or any conduct to further the

 

 

10200HB1091sam004- 39 -LRB102 03105 RLC 39051 a

1    interests of such an enterprise.
2    (c) Venue for purposes of trial for the offense of money
3laundering shall be proper in any county where any part of a
4financial transaction in criminally derived property took
5place, or in any county where any money or monetary interest
6which is the basis for the offense, was acquired, used, sold,
7transferred or distributed to, from, or through.
8    (d) A person who commits the offense of cannabis
9trafficking or controlled substance trafficking may be tried
10in any county.
11    (e) Venue for purposes of trial for any violation of
12Article 29D of the Criminal Code of 1961 or the Criminal Code
13of 2012 may be in the county in which an act of terrorism
14occurs, the county in which material support or resources are
15provided or solicited, the county in which criminal assistance
16is rendered, or any county in which any act in furtherance of
17any violation of Article 29D of the Criminal Code of 1961 or
18the Criminal Code of 2012 occurs.
19    (f) Venue for purposes of trial for the offense of
20organized retail crime shall be proper in any county where:
21        (1) any property, property interest, asset, money, or
22    thing of value that is the basis for the charge of
23    organized retail crime was used, acquired, transferred, or
24    distributed to, from, or through; or any county where any
25    act was performed to further the use, acquisition,
26    transfer, or distribution of the property, property

 

 

10200HB1091sam004- 40 -LRB102 03105 RLC 39051 a

1    interest, asset, money, or thing or value; or
2        (2) any enterprise interest obtained as a result of
3    organized retail crime was acquired, used, transferred, or
4    distributed to, from, or through, or where any activity
5    was conducted by the enterprise or any conduct to further
6    the interests of such an enterprise.
7(Source: P.A. 97-1150, eff. 1-25-13.)
 
8
Article 99.

 
9    Section 99-99. Effective date. This Act takes effect upon
10becoming law, except that Article 1 of this Act takes effect
11January 1, 2023.".