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1 | | "High-volume third-party seller" means a participant in an |
2 | | online marketplace who is a third-party seller and who, in any |
3 | | continuous 12-month period during the previous 24 months, has |
4 | | entered into 200 or more discrete sales or transactions of new |
5 | | or unused consumer products and has an aggregate total of |
6 | | $5,000 or more in gross revenue. For purposes of calculating |
7 | | the number of discrete sales or transactions or the aggregate |
8 | | gross revenues under subsection (a) of Section 1-10, an online |
9 | | marketplace shall only be required to count sales or |
10 | | transactions made through the online marketplace and for which |
11 | | payment was processed by the online marketplace, either |
12 | | directly 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.
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24 | | "Seller" means a person who sells, offers to sell, or |
25 | | contracts to sell consumer products through an online |
26 | | marketplace's platform.
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1 | | "Third-party seller" means any seller, independent of an |
2 | | online marketplace, who sells, offers to sell, or contracts to |
3 | | sell a consumer product in this State through an online |
4 | | marketplace. "Third-party seller" does not include, with |
5 | | respect 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
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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.
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20 | | "Verify" means to confirm information provided to an |
21 | | online marketplace, including, but not limited to, by the use |
22 | | of one or more methods that enable the online marketplace to |
23 | | reliably determine that any information and documents provided |
24 | | are valid, corresponding to the seller or an individual acting |
25 | | on the seller's behalf, not misappropriated, and not |
26 | | falsified.
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1 | | Section 1-10. Online marketplace verification.
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2 | | (a) Online marketplaces shall require that any high-volume |
3 | | third-party seller on the online marketplace's platform |
4 | | provide the online marketplace with the following information |
5 | | no later than 10 days after qualifying as a high-volume |
6 | | third-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.
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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.
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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.
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8 | | (b) An online marketplace shall periodically, but not less |
9 | | than annually, notify any high-volume third-party seller on |
10 | | the online marketplace's platform of the requirement to keep |
11 | | any information collected under subsection (a) current and |
12 | | require any high-volume third-party seller on the online |
13 | | marketplace's platform to, not later than 10 days after |
14 | | receiving 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 |
23 | | the information or certification required under this Section, |
24 | | the online marketplace, after providing the seller with |
25 | | written or electronic notice and an opportunity to provide the |
26 | | information or certification not later than 10 days after the |
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1 | | issuance of the notice, shall suspend any future sales |
2 | | activity of the seller until the seller provides the |
3 | | information or certification.
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4 | | (d) An online marketplace shall verify the information |
5 | | collected under subsection (a) no later than 10 days after the |
6 | | collection and shall verify any change to the information not |
7 | | later than 10 days after being notified of the change by a |
8 | | high-volume third-party seller under subsection (b). If a |
9 | | high-volume third-party seller provides a copy of a valid |
10 | | government-issued tax document, any information contained in |
11 | | the document shall be presumed to be verified as of the date of |
12 | | issuance of the document.
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13 | | (e) An online marketplace shall require any high-volume |
14 | | third-party seller with an aggregate total of $20,000 or more |
15 | | in annual gross revenues on the online marketplace, and that |
16 | | uses the online marketplace's platform, to provide information |
17 | | to the online marketplace that includes the identity of the |
18 | | high-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.
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13 | | (f) An online marketplace shall provide to consumers the |
14 | | information in subsection (e) in a conspicuous manner: (i) in |
15 | | the order confirmation message or other document or |
16 | | communication made to a consumer after a purchase is |
17 | | finalized; and (ii) in the consumer's account transaction |
18 | | history.
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19 | | (g) Upon the request of a high-volume third-party seller, |
20 | | an online marketplace may provide for partial disclosure of |
21 | | the identity information required under subsection (e) as |
22 | | follows: |
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.
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22 | | (h) If an online marketplace becomes aware that a |
23 | | high-volume third-party seller has made a false representation |
24 | | to the online marketplace in order to justify the provision of |
25 | | a partial disclosure under subsection (g) or that a |
26 | | high-volume third-party seller who has requested and received |
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1 | | a provision for a partial disclosure under subsection (g) has |
2 | | not provided responsive answers within a reasonable time to |
3 | | consumer inquiries submitted to the seller by phone, email, or |
4 | | other means of electronic messaging provided to the seller by |
5 | | the online marketplace, the online marketplace shall, after |
6 | | providing the seller with written or electronic notice and an |
7 | | opportunity to respond not later than 10 days after the |
8 | | issuance of the notice, suspend any future sales activity of |
9 | | the seller unless the seller consents to the disclosure of the |
10 | | identity information required under subsection (e).
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11 | | (i) If a high-volume third-party seller does not comply |
12 | | with the requirements to provide and disclose information |
13 | | under this Section, the online marketplace, after providing |
14 | | the seller with written or electronic notice and an |
15 | | opportunity to provide or disclose the information not later |
16 | | than 10 days after the issuance of the notice, shall suspend |
17 | | any future sales activity of the seller until the seller |
18 | | complies with the requirements.
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19 | | (j) An online marketplace shall disclose to consumers in a |
20 | | clear and conspicuous manner on the product listing of any |
21 | | high-volume third-party seller a reporting mechanism that |
22 | | allows for electronic and telephonic reporting of suspicious |
23 | | marketplace activity to the online marketplace.
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24 | | (k) Information collected solely to comply with the |
25 | | requirements of this Section may not be used for any other |
26 | | purpose unless required by law. An online marketplace shall |
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1 | | implement and maintain reasonable security procedures and |
2 | | practices, including administrative, physical, and technical |
3 | | safeguards, appropriate to the nature of the data and the |
4 | | purposes for which the data will be used, to protect the data |
5 | | collected under this Section from unauthorized use, |
6 | | disclosure, access, destruction, or modification.
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7 | | (l) If the Attorney General has reason to believe that any |
8 | | person has violated this Act, the Attorney General may bring |
9 | | an action in the name of the People of the State against the |
10 | | person to restrain by preliminary or permanent injunction the |
11 | | use of such a method, act, or practice. The court, in its |
12 | | discretion, may exercise all powers necessary, including, but |
13 | | not limited to: injunction; revocation, forfeiture, or |
14 | | suspension of any license, charter, franchise, certificate, or |
15 | | other evidence of authority of any person to do business in |
16 | | this State; appointment of a receiver; dissolution of domestic |
17 | | corporations or associations or suspension or termination of |
18 | | the right of foreign corporations or associations to do |
19 | | business in this State; and restitution.
In the administration |
20 | | of this Section, the Attorney General may accept an Assurance |
21 | | of Voluntary Compliance with respect to any method, act, or |
22 | | practice deemed to be violative of this Act from any person who |
23 | | has engaged in, is engaging in, or was about to engage in such |
24 | | a method, act, or practice. Evidence of a violation of an |
25 | | Assurance of Voluntary Compliance shall be prima facie |
26 | | evidence of a violation of this Act in any subsequent |
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1 | | proceeding brought by the Attorney General against the alleged |
2 | | violator.
The Attorney General shall be empowered to issue |
3 | | subpoenas to or examine under oath any person alleged to have |
4 | | participated in or to have knowledge of the alleged method, |
5 | | act, or practice in violation of this Act. In addition to the |
6 | | remedies provided in the Act, the Attorney General may request |
7 | | and the court may impose a civil penalty in a sum not to exceed |
8 | | $50,000 per violation.
Nothing in this Act creates or is |
9 | | intended to create a private right of action against any |
10 | | high-volume third-party seller, online marketplace seller, or |
11 | | third-party seller based upon compliance or noncompliance with |
12 | | its provisions.
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13 | | (m) To the extent that a substantially similar federal law |
14 | | or regulation conflicts with this Act, the federal law or |
15 | | regulation controls.
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16 | | Article 2.
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17 | | Section 2-5. The Criminal Code of 2012 is amended by |
18 | | changing Sections 16-0.1, 17-37, 17-38, 33G-3, 33G-5, and |
19 | | 33G-9 and by adding Sections 16-25.1 and 16-25.2 as follows:
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20 | | (720 ILCS 5/16-0.1) |
21 | | Sec. 16-0.1. Definitions. In this Article, unless the |
22 | | context clearly requires otherwise, the following terms are |
23 | | defined as indicated: |
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1 | | "Access" means to use, instruct, communicate with, store |
2 | | data in, retrieve or intercept data from, or otherwise utilize |
3 | | any services of a computer. |
4 | | "Coin-operated machine" includes any automatic vending |
5 | | machine or any part thereof, parking meter, coin telephone, |
6 | | coin-operated transit turnstile, transit fare box, coin |
7 | | laundry machine, coin dry cleaning machine, amusement machine, |
8 | | music machine, vending machine dispensing goods or services, |
9 | | or money changer. |
10 | | "Communication device" means any type of instrument, |
11 | | device, machine, or equipment which is capable of |
12 | | transmitting, acquiring, decrypting, or receiving any |
13 | | telephonic, electronic, data, Internet access, audio, video, |
14 | | microwave, or radio transmissions, signals, communications, or |
15 | | services, including the receipt, acquisition, transmission, or |
16 | | decryption of all such communications, transmissions, signals, |
17 | | or services provided by or through any cable television, fiber |
18 | | optic, telephone, satellite, microwave, radio, Internet-based, |
19 | | data transmission, or wireless distribution network, system or |
20 | | facility; or any part, accessory, or component thereof, |
21 | | including any computer circuit, security module, smart card, |
22 | | software, computer chip, electronic mechanism or other |
23 | | component, accessory or part of any communication device which |
24 | | is capable of facilitating the transmission, decryption, |
25 | | acquisition or reception of all such communications, |
26 | | transmissions, signals, or services. |
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1 | | "Communication service" means any service lawfully |
2 | | provided for a charge or compensation to facilitate the lawful |
3 | | origination, transmission, emission, or reception of signs, |
4 | | signals, data, writings, images, and sounds or intelligence of |
5 | | any nature by telephone, including cellular telephones or a |
6 | | wire, wireless, radio, electromagnetic, photo-electronic or |
7 | | photo-optical system; and also any service lawfully provided |
8 | | by any radio, telephone, cable television, fiber optic, |
9 | | satellite, microwave, Internet-based or wireless distribution |
10 | | network, system, facility or technology, including, but not |
11 | | limited to, any and all electronic, data, video, audio, |
12 | | Internet access, telephonic, microwave and radio |
13 | | communications, transmissions, signals and services, and any |
14 | | such communications, transmissions, signals and services |
15 | | lawfully provided directly or indirectly by or through any of |
16 | | those networks, systems, facilities or technologies. |
17 | | "Communication service provider" means: (1) any person or |
18 | | entity providing any communication service, whether directly |
19 | | or indirectly, as a reseller, including, but not limited to, a |
20 | | cellular, paging or other wireless communications company or |
21 | | other person or entity which, for a fee, supplies the |
22 | | facility, cell site, mobile telephone switching office or |
23 | | other equipment or communication service; (2) any person or |
24 | | entity owning or operating any cable television, fiber optic, |
25 | | satellite, telephone, wireless, microwave, radio, data |
26 | | transmission or Internet-based distribution network, system or |
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1 | | facility; and (3) any person or entity providing any |
2 | | communication service directly or indirectly by or through any |
3 | | such distribution system, network or facility. |
4 | | "Computer" means a device that accepts, processes, stores, |
5 | | retrieves or outputs data, and includes but is not limited to |
6 | | auxiliary storage and telecommunications devices connected to |
7 | | computers. |
8 | | "Continuing
course of conduct" means a series of acts, and |
9 | | the accompanying
mental state necessary for the crime in |
10 | | question, irrespective
of whether the series of acts are |
11 | | continuous or intermittent. |
12 | | "Delivery container" means any bakery basket of wire or |
13 | | plastic used to transport or store bread or bakery products, |
14 | | any dairy case of wire or plastic used to transport or store |
15 | | dairy products, and any dolly or cart of 2 or 4 wheels used to |
16 | | transport or store any bakery or dairy product. |
17 | | "Document-making implement" means any implement, |
18 | | impression, template, computer file, computer disc, electronic |
19 | | device, computer hardware, computer software, instrument, or |
20 | | device that is used to make a real or fictitious or fraudulent |
21 | | personal identification document. |
22 | | "Financial transaction device" means any of the following: |
23 | | (1) An electronic funds transfer card. |
24 | | (2) A credit card. |
25 | | (3) A debit card. |
26 | | (4) A point-of-sale card. |
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1 | | (5) Any instrument, device, card, plate, code, account |
2 | | number, personal identification number, or a record or |
3 | | copy of a code, account number, or personal identification |
4 | | number or other means of access to a credit account or |
5 | | deposit account, or a driver's license or State |
6 | | identification card used to access a proprietary account, |
7 | | other than access originated solely by a paper instrument, |
8 | | that can be used alone or in conjunction with another |
9 | | access device, for any of the following purposes: |
10 | | (A) Obtaining money, cash refund or credit |
11 | | account, credit, goods, services, or any other thing |
12 | | of value. |
13 | | (B) Certifying or guaranteeing to a person or |
14 | | business the availability to the device holder of |
15 | | funds on deposit to honor a draft or check payable to |
16 | | the order of that person or business. |
17 | | (C) Providing the device holder access to a |
18 | | deposit account for the purpose of making deposits, |
19 | | withdrawing funds, transferring funds between deposit |
20 | | accounts, obtaining information pertaining to a |
21 | | deposit account, or making an electronic funds |
22 | | transfer. |
23 | | "Full retail value" means the merchant's stated or |
24 | | advertised price of the merchandise. "Full
retail value" |
25 | | includes the aggregate value of property obtained
from retail |
26 | | thefts committed by the same person as part of a
continuing |
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1 | | course of conduct from one or more mercantile
establishments |
2 | | in a single transaction or in separate
transactions over a |
3 | | period of one year. |
4 | | "Internet" means an interactive computer service or system |
5 | | or an information service, system, or access software provider |
6 | | that provides or enables computer access by multiple users to |
7 | | a computer server, and includes, but is not limited to, an |
8 | | information service, system, or access software provider that |
9 | | provides access to a network system commonly known as the |
10 | | Internet, or any comparable system or service and also |
11 | | includes, but is not limited to, a World Wide Web page, |
12 | | newsgroup, message board, mailing list, or chat area on any |
13 | | interactive computer service or system or other online |
14 | | service. |
15 | | "Library card" means a card or plate issued by a library |
16 | | facility for purposes of identifying the person to whom the |
17 | | library card was issued as authorized to borrow library |
18 | | material, subject to all limitations and conditions imposed on |
19 | | the borrowing by the library facility issuing such card. |
20 | | "Library facility" includes any public library or museum, |
21 | | or any library or museum of an educational, historical or |
22 | | eleemosynary institution, organization or society. |
23 | | "Library material" includes any book, plate, picture, |
24 | | photograph, engraving, painting, sculpture, statue, artifact, |
25 | | drawing, map, newspaper, pamphlet, broadside, magazine, |
26 | | manuscript, document, letter, microfilm, sound recording, |
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1 | | audiovisual material, magnetic or other tape, electronic data |
2 | | processing record or other documentary, written or printed |
3 | | material regardless of physical form or characteristics, or |
4 | | any part thereof, belonging to, or on loan to or otherwise in |
5 | | the custody of a library facility. |
6 | | "Manufacture or assembly of an unlawful access device" |
7 | | means to make, produce or assemble an unlawful access device |
8 | | or to modify, alter, program or re-program any instrument, |
9 | | device, machine, equipment or software so that it is capable |
10 | | of defeating or circumventing any technology, device or |
11 | | software used by the provider, owner or licensee of a |
12 | | communication service or of any data, audio or video programs |
13 | | or transmissions to protect any such communication, data, |
14 | | audio or video services, programs or transmissions from |
15 | | unauthorized access, acquisition, disclosure, receipt, |
16 | | decryption, communication, transmission or re-transmission. |
17 | | "Manufacture or assembly of an unlawful communication |
18 | | device" means to make, produce or assemble an unlawful |
19 | | communication or wireless device or to modify, alter, program |
20 | | or reprogram a communication or wireless device to be capable |
21 | | of acquiring, disrupting, receiving, transmitting, decrypting, |
22 | | or facilitating the acquisition, disruption, receipt, |
23 | | transmission or decryption of, a communication service without |
24 | | the express consent or express authorization of the |
25 | | communication service provider, or to knowingly assist others |
26 | | in those activities. |
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1 | | "Master sound recording" means the original physical |
2 | | object on which a given set of sounds were first recorded and |
3 | | which the original object from which all subsequent sound |
4 | | recordings embodying the same set of sounds are directly or |
5 | | indirectly derived. |
6 | | "Merchandise" means any item of tangible personal |
7 | | property, including motor fuel. |
8 | | "Merchant" means an owner or operator of any retail |
9 | | mercantile establishment or any agent, employee, lessee, |
10 | | consignee, officer, director, franchisee, or independent |
11 | | contractor of the owner or operator. "Merchant" also means a |
12 | | person who receives from an authorized user of a payment card, |
13 | | or someone the person believes to be an authorized user, a |
14 | | payment card or information from a payment card, or what the |
15 | | person believes to be a payment card or information from a |
16 | | payment card, as the instrument for obtaining, purchasing or |
17 | | receiving goods, services, money, or anything else of value |
18 | | from the person. |
19 | | "Motor fuel" means a liquid, regardless of its properties, |
20 | | used to propel a vehicle, including gasoline and diesel. |
21 | | "Online" means the use of any electronic or wireless |
22 | | device to access the Internet. |
23 | | "Online marketplace" means any person or entity that: |
24 | | (1) operates a consumer-directed electronically based |
25 | | or accessed platform that includes features that allow |
26 | | for, facilitate, or enable online third-party sellers to |
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1 | | engage in the sale, purchase, payment, storage, shipping, |
2 | | or delivery of merchandise in this State and is used by one |
3 | | or more online third-party sellers for such purposes; and |
4 | | (2) has a contractual or similar relationship with |
5 | | consumers governing their use of the platform to purchase |
6 | | merchandise. |
7 | | "Payment card" means a credit card, charge card, debit |
8 | | card, or any other card that is issued to an authorized card |
9 | | user and that allows the user to obtain, purchase, or receive |
10 | | goods, services, money, or anything else of value from a |
11 | | merchant. |
12 | | "Person with a disability" means a person who
suffers from |
13 | | a physical or mental impairment resulting from
disease, |
14 | | injury, functional disorder or congenital condition that |
15 | | impairs the
individual's mental or physical ability to |
16 | | independently manage his or her
property or financial |
17 | | resources, or both. |
18 | | "Personal identification document" means a birth |
19 | | certificate, a driver's license, a State identification card, |
20 | | a public, government, or private employment identification |
21 | | card, a social security card, a firearm owner's identification |
22 | | card, a credit card, a debit card, or a passport issued to or |
23 | | on behalf of a person other than the offender, or any document |
24 | | made or issued, or falsely purported to have been made or |
25 | | issued, by or under the authority of the United States |
26 | | Government, the State of Illinois, or any other state |
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1 | | political subdivision of any state, or any other governmental |
2 | | or quasi-governmental organization that is of a type intended |
3 | | for the purpose of identification of an individual, or any |
4 | | such document made or altered in a manner that it falsely |
5 | | purports to have been made on behalf of or issued to another |
6 | | person or by the authority of one who did not give that |
7 | | authority. |
8 | | "Personal identifying information" means any of the |
9 | | following information: |
10 | | (1) A person's name. |
11 | | (2) A person's address. |
12 | | (3) A person's date of birth. |
13 | | (4) A person's telephone number. |
14 | | (5) A person's driver's license number or State of |
15 | | Illinois identification card as assigned by the Secretary |
16 | | of State of the State of Illinois or a similar agency of |
17 | | another state. |
18 | | (6) A person's social security number. |
19 | | (7) A person's public, private, or government |
20 | | employer, place of employment, or employment |
21 | | identification number. |
22 | | (8) The maiden name of a person's mother. |
23 | | (9) The number assigned to a person's depository |
24 | | account, savings account, or brokerage account. |
25 | | (10) The number assigned to a person's credit or debit |
26 | | card, commonly known as a "Visa Card", "MasterCard", |
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1 | | "American Express Card", "Discover Card", or other similar |
2 | | cards whether issued by a financial institution, |
3 | | corporation, or business entity. |
4 | | (11) Personal identification numbers. |
5 | | (12) Electronic identification numbers. |
6 | | (13) Digital signals. |
7 | | (14) User names, passwords, and any other word, |
8 | | number, character or combination of the same usable in |
9 | | whole or part to access information relating to a specific |
10 | | individual, or to the actions taken, communications made |
11 | | or received, or other activities or transactions of a |
12 | | specific individual. |
13 | | (15) Any other numbers or information which can be |
14 | | used to access a person's financial resources, or to |
15 | | identify a specific individual, or the actions taken, |
16 | | communications made or received, or other activities or |
17 | | transactions of a specific individual. |
18 | | "Premises of a retail mercantile establishment" includes, |
19 | | but is not limited to, the retail mercantile establishment; |
20 | | any common use areas in shopping centers; and all parking |
21 | | areas set aside by a merchant or on behalf of a merchant for |
22 | | the parking of vehicles for the convenience of the patrons of |
23 | | such retail mercantile establishment. |
24 | | "Public water, gas, or power supply, or other public |
25 | | services" mean any service subject to regulation by the |
26 | | Illinois Commerce Commission; any service furnished by a |
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1 | | public utility that is owned and operated by any political |
2 | | subdivision, public institution of higher education or |
3 | | municipal corporation of this State; any service furnished by |
4 | | any public utility that is owned by such political |
5 | | subdivision, public institution of higher education, or |
6 | | municipal corporation and operated by any of its lessees or |
7 | | operating agents; any service furnished by an electric |
8 | | cooperative as defined in Section 3.4 of the Electric Supplier |
9 | | Act; or wireless service or other service regulated by the |
10 | | Federal Communications Commission. |
11 | | "Publish" means to communicate or disseminate information |
12 | | to any one or more persons, either orally, in person, or by |
13 | | telephone, radio or television or in writing of any kind, |
14 | | including, without limitation, a letter or memorandum, |
15 | | circular or handbill, newspaper or magazine article or book. |
16 | | "Radio frequency identification device" means any |
17 | | implement, computer file, computer disc, electronic device, |
18 | | computer hardware, computer software, or instrument that is |
19 | | used to activate, read, receive, or decode information stored |
20 | | on a RFID tag or transponder attached to a personal |
21 | | identification document. |
22 | | "RFID tag or transponder" means a chip or device that |
23 | | contains personal identifying information from which the |
24 | | personal identifying information can be read or decoded by |
25 | | another device emitting a radio frequency that activates or |
26 | | powers a radio frequency emission response from the chip or |
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1 | | transponder. |
2 | | "Reencoder" means an electronic device that places encoded |
3 | | information from the magnetic strip or stripe of a payment |
4 | | card onto the magnetic strip or stripe of a different payment |
5 | | card. |
6 | | "Retail mercantile establishment" means any place where |
7 | | merchandise is displayed, held, stored or offered for sale to |
8 | | the public. |
9 | | "Scanning device" means a scanner, reader, or any other |
10 | | electronic device that is used to access, read, scan, obtain, |
11 | | memorize, or store, temporarily or permanently, information |
12 | | encoded on the magnetic strip or stripe of a payment card. |
13 | | "Shopping cart" means those push carts of the type or |
14 | | types which are commonly provided by grocery stores, drug |
15 | | stores or other retail mercantile establishments for the use |
16 | | of the public in transporting commodities in stores and |
17 | | markets and, incidentally, from the stores to a place outside |
18 | | the store. |
19 | | "Sound or audio visual recording" means any sound or audio |
20 | | visual phonograph record, disc, pre-recorded tape, film, wire, |
21 | | magnetic tape or other object, device or medium, now known or |
22 | | hereafter invented, by which sounds or images may be |
23 | | reproduced with or without the use of any additional machine, |
24 | | equipment or device. |
25 | | "Stored value card" means any card, gift card, instrument, |
26 | | or device issued with or without fee for the use of the |
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1 | | cardholder to obtain money, goods, services, or anything else |
2 | | of value, including, but not limited to, debit cards issued |
3 | | for use as a stored value card or gift card, an account |
4 | | identification number or symbol used to identify a stored |
5 | | value card, or a prepaid card usable at multiple, unaffiliated |
6 | | merchants or at automated teller machines. |
7 | | "Theft detection device remover" means any tool or device |
8 | | specifically designed and intended to be used to remove any |
9 | | theft detection device from any merchandise. |
10 | | "Under-ring" means to cause the cash register or other |
11 | | sales recording device to reflect less than the full retail |
12 | | value of the merchandise. |
13 | | "Unidentified sound or audio visual recording" means a |
14 | | sound or audio visual recording without the actual name and |
15 | | full and correct street address of the manufacturer, and the |
16 | | name of the actual performers or groups prominently and |
17 | | legibly printed on the outside cover or jacket and on the label |
18 | | of such sound or audio visual recording. |
19 | | "Unlawful access device" means any type of instrument, |
20 | | device, machine, equipment, technology, or software which is |
21 | | primarily possessed, used, designed, assembled, manufactured, |
22 | | sold, distributed or offered, promoted or advertised for the |
23 | | purpose of defeating or circumventing any technology, device |
24 | | or software, or any component or part thereof, used by the |
25 | | provider, owner or licensee of any communication service or of |
26 | | any data, audio or video programs or transmissions to protect |
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1 | | any such communication, audio or video services, programs or |
2 | | transmissions from unauthorized access, acquisition, receipt, |
3 | | decryption, disclosure, communication, transmission or |
4 | | re-transmission. |
5 | | "Unlawful communication device" means any electronic |
6 | | serial number, mobile identification number, personal |
7 | | identification number or any communication or wireless device |
8 | | that is capable of acquiring or facilitating the acquisition |
9 | | of a communication service without the express consent or |
10 | | express authorization of the communication service provider, |
11 | | or that has been altered, modified, programmed or |
12 | | reprogrammed, alone or in conjunction with another |
13 | | communication or wireless device or other equipment, to so |
14 | | acquire or facilitate the unauthorized acquisition of a |
15 | | communication service. "Unlawful communication device" also |
16 | | means: |
17 | | (1) any phone altered to obtain service without the |
18 | | express consent or express authorization of the |
19 | | communication service provider, tumbler phone, counterfeit |
20 | | or clone phone, tumbler microchip, counterfeit or clone |
21 | | microchip, scanning receiver of wireless communication |
22 | | service or other instrument capable of disguising its |
23 | | identity or location or of gaining unauthorized access to |
24 | | a communications or wireless system operated by a |
25 | | communication service provider; and |
26 | | (2) any communication or wireless device which is |
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1 | | capable of, or has been altered, designed, modified, |
2 | | programmed or reprogrammed, alone or in conjunction with |
3 | | another communication or wireless device or devices, so as |
4 | | to be capable of, facilitating the disruption, |
5 | | acquisition, receipt, transmission or decryption of a |
6 | | communication service without the express consent or |
7 | | express authorization of the communication service |
8 | | provider, including, but not limited to, any device, |
9 | | technology, product, service, equipment, computer software |
10 | | or component or part thereof, primarily distributed, sold, |
11 | | designed, assembled, manufactured, modified, programmed, |
12 | | reprogrammed or used for the purpose of providing the |
13 | | unauthorized receipt of, transmission of, disruption of, |
14 | | decryption of, access to or acquisition of any |
15 | | communication service provided by any communication |
16 | | service provider. |
17 | | "Vehicle" means a motor vehicle, motorcycle, or farm |
18 | | implement that is self-propelled and that uses motor fuel for |
19 | | propulsion. |
20 | | "Wireless device" includes any type of instrument, device, |
21 | | machine, or
equipment that is capable of transmitting or |
22 | | receiving telephonic, electronic
or
radio communications, or |
23 | | any part of such instrument, device, machine, or
equipment, or |
24 | | any computer circuit, computer chip, electronic mechanism, or
|
25 | | other component that is capable of facilitating the |
26 | | transmission or reception
of telephonic, electronic, or radio |
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1 | | communications.
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2 | | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. |
3 | | 1-1-12; 97-1109, eff. 1-1-13.)
|
4 | | (720 ILCS 5/16-25.1 new) |
5 | | Sec. 16-25.1. Organized retail crime. |
6 | | (a) A person commits organized retail crime when that |
7 | | person, alone or in association with another person, knowingly |
8 | | does any of the following: |
9 | | (1) engages in conduct in which one or more of the |
10 | | following apply: |
11 | | (A) a theft of the merchandise is committed from |
12 | | one or more retail mercantile establishments, and the |
13 | | person committing the act has the intent or purpose of |
14 | | reselling the stolen merchandise or otherwise having |
15 | | the stolen merchandise reenter the stream of commerce, |
16 | | including the transfer of the stolen merchandise to |
17 | | another retail mercantile establishment or to any |
18 | | other person personally, through the mail, or through |
19 | | any electronic medium, including the Internet or |
20 | | online marketplace, in exchange for anything of value; |
21 | | (B) 2 or more individuals in concert with each |
22 | | other enter a retail mercantile establishment with the |
23 | | intent to commit theft of merchandise; or |
24 | | (C) the theft of the merchandise is committed |
25 | | while the merchandise is in transit from the |
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1 | | manufacturer to the retail mercantile establishment |
2 | | where the person has the intent to resell that |
3 | | merchandise. |
4 | | (2) recruits, organizes, supervises, finances, or |
5 | | otherwise manages or assists another person in engaging in |
6 | | conduct described in paragraph (1); |
7 | | (3) conspires with another person to engage in conduct |
8 | | described in paragraph (1); |
9 | | (4) receives, purchases, or possesses merchandise for |
10 | | sale or resale knowing or believing the merchandise to be |
11 | | stolen from a retail mercantile establishment; |
12 | | (5) purchases a wireless telecommunication device |
13 | | using fraudulent credit or procures a wireless |
14 | | telecommunications service agreement with the intent to |
15 | | defraud another person or to breach that agreement, or |
16 | | uses another person to obtain a wireless |
17 | | telecommunications service agreement with the intent to |
18 | | defraud another person or to breach that agreement; |
19 | | (6) receives, possesses, or purchases any merchandise |
20 | | or stored value cards obtained from a fraudulent return |
21 | | with the knowledge that the property was obtained in |
22 | | violation of this Section or Section 16-25; |
23 | | (7) removes, destroys, deactivates, or knowingly |
24 | | evades any component of an anti-shoplifting or inventory |
25 | | control device to prevent the activation of that device to |
26 | | aid one or more individuals in engaging in conduct |
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1 | | described in paragraph (1); |
2 | | (8) uses any artifice, instrument, container, device, |
3 | | or other article to aid one or more individuals in |
4 | | engaging in conduct described in paragraph (1); |
5 | | (9) causes an emergency alarm to sound or otherwise |
6 | | activates, deactivates, or prevents an emergency alarm |
7 | | from sounding to aid one or more individuals in engaging |
8 | | in conduct described in paragraph (1); or |
9 | | (10) damages, destroys, or defaces the property of a |
10 | | retail mercantile establishment while engaging in conduct |
11 | | described in paragraph (1). |
12 | | (b) In a prosecution under paragraph (6) of subsection |
13 | | (a), the trier of fact may infer from the defendant's receipt, |
14 | | possession, or purchase of 10 or more stored value cards in a |
15 | | 14-day period from the same individual or merchant that the |
16 | | property was obtained in violation of this Section or Section |
17 | | 16-25. |
18 | | (c) A stored value card purchased by anyone other than the |
19 | | original issuer, the issuer's authorized agent, or the |
20 | | original purchaser shall be held for a period of 5 business |
21 | | days or 7 calendar days, whichever is shorter, prior to resale |
22 | | or use. This subsection (c) shall apply only to a person who |
23 | | purchases 10 or more stored value cards in a 90-day period. |
24 | | (d) It is not a defense to a charge under this Section that |
25 | | the property was not stolen, embezzled, or converted property |
26 | | at the time of the violation if the property was explicitly |
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1 | | represented to the accused person as being stolen, embezzled, |
2 | | or converted property. |
3 | | (e) This Section does not prohibit a person from being |
4 | | charged with, convicted of, or sentenced for any violation of |
5 | | law arising out of the same criminal transaction that violates |
6 | | this Section or any other Act, and shall not be construed as |
7 | | limiting or precluding any prosecution for a violation of |
8 | | Section 16-25 or one or more similar offenses under subsection |
9 | | (h) or (i) of Section 17-10.6, Section 25-4, or one or more |
10 | | similar offenses under the laws of this State or any other |
11 | | state, or any combination of any of those violations or |
12 | | similar offenses, even though the conduct constituting the |
13 | | basis for those violations or offenses could be construed as |
14 | | also constituting organized retail crime or conduct of the |
15 | | type described under this Section. |
16 | | (f) If acts or omissions constituting any part of the |
17 | | commission of the charged offense under this Section occurred |
18 | | in more than one county, each county has concurrent venue. If |
19 | | the charged offenses under this Section occurred in more than |
20 | | one county, the counties may join the offenses in a single |
21 | | criminal pleading and have concurrent venue as to all charged |
22 | | offenses. When counties have concurrent venue, the first |
23 | | county in which a criminal complaint, information, or |
24 | | indictment is issued in the case becomes the county with |
25 | | exclusive venue. A violation of organized retail crime may be |
26 | | investigated, indicted, and prosecuted pursuant to the |
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1 | | Statewide Grand Jury Act. |
2 | | (g) Sentence. A violation of paragraph (1), (3), or (4) of |
3 | | subsection (a) of this Section is a Class 3 felony. A violation |
4 | | of paragraph (5) or (6) of subsection (a) is a Class 4 felony. |
5 | | A violation of paragraph (2), (7), (8), (9), or (10) of |
6 | | subsection (a) is a Class 2 felony.
|
7 | | (720 ILCS 5/16-25.2 new) |
8 | | Sec. 16-25.2. Retail loss prevention report and notice |
9 | | requirements. |
10 | | (a) A retail mercantile establishment that is a victim of |
11 | | a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall |
12 | | have 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 |
10 | | file a report regarding the incident, the law enforcement |
11 | | agency having jurisdiction shall file a report concerning the |
12 | | incident with the State's Attorney. No law enforcement agent |
13 | | shall discourage or attempt to discourage a retail mercantile |
14 | | establishment from filing a police report concerning the |
15 | | incident. Upon the request of the retail mercantile |
16 | | establishment, the law enforcement agency having jurisdiction |
17 | | shall provide a free copy of the police report concerning the |
18 | | incident, as soon as practicable, but in no event later than 5 |
19 | | business days after the request. The Illinois Law Enforcement |
20 | | Training Standards Board shall not consider any allegation of |
21 | | a violation of this subsection that is contained in a |
22 | | complaint made under Section 1-35 of the Police and Community |
23 | | Relations Improvement Act. |
24 | | (c) At any point, the retail mercantile establishment has |
25 | | the right to retain an attorney who may be present during all |
26 | | stages of any interview, investigation, or other interaction |
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1 | | with representatives of the criminal justice system. Treatment |
2 | | of the retail mercantile establishment shall not be affected |
3 | | or altered in any way as a result of the decision of the retail |
4 | | mercantile establishment to exercise this right.
|
5 | | (720 ILCS 5/17-37) |
6 | | Sec. 17-37. Use of credit or debit card with intent to |
7 | | defraud. |
8 | | (a) A cardholder who uses a credit card or debit card |
9 | | issued to
him or her, or allows another person to use a credit |
10 | | card or debit card issued
to him or her, with intent to defraud |
11 | | the
issuer, or a person providing an item or items of value, or |
12 | | any other person is guilty of a Class A
misdemeanor if the |
13 | | value of all items of value does not exceed $150 in any 6-month |
14 | | period;
and is guilty of a Class 4 felony if the value exceeds |
15 | | $150 in
any 6-month period.
|
16 | | (b) An issuer shall not provide a debit or credit |
17 | | cardholder the value in any manner of any item purchased with |
18 | | intent to defraud the issuer or a person providing an item of |
19 | | value. If an issuer provides value in any manner to a debit or |
20 | | credit cardholder of the value of any item that the debit or |
21 | | credit cardholder purchased with the intent to defraud the |
22 | | issuer or a person providing an item of value, the issuer shall |
23 | | reimburse the person providing the item of value for any loss |
24 | | as a result of the fraud and any reasonable costs associated |
25 | | with collecting the value of the item. If the issuer fails to |
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1 | | reimburse the person providing an item of value when the |
2 | | issuer is required to do so under this subsection, the person |
3 | | providing an item of value may bring a civil action against the |
4 | | issuer for the amount of the loss and reasonable costs. The |
5 | | trier of fact may infer that a debit or credit cardholder |
6 | | intended to defraud an issuer or a person providing an item of |
7 | | value when the debit or credit cardholder purchased an item of |
8 | | value with a credit or debit card and disputed the |
9 | | transaction, requested a reimbursement for the transaction, or |
10 | | requested a stop-payment order on the transaction and did not |
11 | | return the item of value to the person providing the item of |
12 | | value. |
13 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
14 | | (720 ILCS 5/17-38) |
15 | | Sec. 17-38. Use of account number or code with intent to |
16 | | defraud; possession of record of charge forms. |
17 | | (a) A person who, with intent to defraud either an issuer, |
18 | | or a person
providing an item or items of value, or
any other |
19 | | person, utilizes an account number or code or enters
|
20 | | information on a record of charge form with the intent to |
21 | | obtain an item or items of
value is guilty of a Class 4 felony |
22 | | if the value of
the item or items of value obtained does not |
23 | | exceed $150
in any 6-month period; and is guilty of a Class 3 |
24 | | felony if the
value exceeds
$150 in any 6-month period. |
25 | | (a-5) An issuer shall not provide a person who utilizes an |
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1 | | account number or code the value in any manner of any item |
2 | | purchased with intent to defraud the issuer or a person |
3 | | providing an item of value. If an issuer provides value in any |
4 | | manner to a person who utilizes an account number or code of |
5 | | the value of any item purchased with the intent to defraud the |
6 | | issuer or a person providing an item of value, the issuer shall |
7 | | reimburse the person providing the item of value for any loss |
8 | | as a result of the fraud and any reasonable costs associated |
9 | | with collecting the value of the item. If the issuer fails to |
10 | | reimburse the person providing an item of value when the |
11 | | issuer is required to do so under this subsection, the person |
12 | | providing an item of value may bring a civil action against the |
13 | | issuer for the amount of the loss and reasonable costs. The |
14 | | trier of fact may infer that a person who utilizes an account |
15 | | number or code intended to defraud an issuer or a person |
16 | | providing an item of value when the person purchased an item of |
17 | | value with an account number or code and disputed the |
18 | | transaction, requested a reimbursement for the transaction, or |
19 | | requested a stop-payment order on the transaction and did not |
20 | | return the item of value to the person providing the item of |
21 | | value. |
22 | | (b) A person who, with intent to defraud either an issuer |
23 | | or a person
providing an item or items of value, or
any other |
24 | | person, possesses, without the consent of the issuer or |
25 | | purported
issuer, record of charge forms bearing the printed |
26 | | impression of a credit
card or debit card is guilty of a Class |
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1 | | 4 felony.
The trier of fact may infer intent to defraud from |
2 | | the possession of such record of
charge forms by a person other |
3 | | than the issuer or a person authorized by
the issuer to possess |
4 | | record of charge forms.
|
5 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
|
6 | | (720 ILCS 5/33G-3) |
7 | | (Section scheduled to be repealed on June 11, 2022) |
8 | | Sec. 33G-3. Definitions. As used in this Article: |
9 | | (a) "Another state" means any State of the United States |
10 | | (other than the State of Illinois), or the District of |
11 | | Columbia, or the Commonwealth of Puerto Rico, or any territory |
12 | | or possession of the United States, or any political |
13 | | subdivision, or any department, agency, or instrumentality |
14 | | thereof. |
15 | | (b) "Enterprise" includes: |
16 | | (1) any partnership, corporation, association, |
17 | | business or charitable trust, or other legal entity; and |
18 | | (2) any group of individuals or other legal entities, |
19 | | or any combination thereof, associated in fact although |
20 | | not itself a legal entity. An association in fact must be |
21 | | held together by a common purpose of engaging in a course |
22 | | of conduct, and it may be associated together for purposes |
23 | | that are both legal and illegal. An association in fact |
24 | | must: |
25 | | (A) have an ongoing organization or structure, |
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1 | | either formal or informal; |
2 | | (B) the various members of the group must function |
3 | | as a continuing unit, even if the group changes |
4 | | membership by gaining or losing members over time; and |
5 | | (C) have an ascertainable structure distinct from |
6 | | that inherent in the conduct of a pattern of predicate |
7 | | activity. |
8 | | As used in this Article, "enterprise" includes licit and |
9 | | illicit enterprises. |
10 | | (c) "Labor organization" includes any organization, labor |
11 | | union, craft union, or any voluntary unincorporated |
12 | | association designed to further the cause of the rights of |
13 | | union labor that is constituted for the purpose, in whole or in |
14 | | part, of collective bargaining or of dealing with employers |
15 | | concerning grievances, terms or conditions of employment, or |
16 | | apprenticeships or applications for apprenticeships, or of |
17 | | other mutual aid or protection in connection with employment, |
18 | | including apprenticeships or applications for apprenticeships. |
19 | | (d) "Operation or management" means directing or carrying |
20 | | out the enterprise's affairs and is limited to any person who |
21 | | knowingly serves as a leader, organizer, operator, manager, |
22 | | director, supervisor, financier, advisor, recruiter, supplier, |
23 | | or enforcer of an enterprise in violation of this Article. |
24 | | (e) "Predicate activity" means any act that is a felony |
25 | | under Section 16-25.1 of the Criminal Code of 2012 or a Class 2 |
26 | | felony or higher and constitutes a violation or violations of |
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1 | | any of the following provisions of the laws of the State of |
2 | | Illinois (as amended or revised as of the date the activity |
3 | | occurred or, in the instance of a continuing offense, the date |
4 | | that charges under this Article are filed in a particular |
5 | | matter in the State of Illinois) or any act under the law of |
6 | | another jurisdiction for an offense that could be charged as a |
7 | | Class 2 felony or higher in this State: |
8 | | (1) under the Criminal Code of 1961 or the Criminal |
9 | | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 |
10 | | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 |
11 | | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 |
12 | | (aggravated unlawful restraint), 10-4 (forcible |
13 | | detention), 10-5(b)(10) (child abduction), 10-9 |
14 | | (trafficking in persons, involuntary servitude, and |
15 | | related offenses), 11-1.20 (criminal sexual assault), |
16 | | 11-1.30 (aggravated criminal sexual assault), 11-1.40 |
17 | | (predatory criminal sexual assault of a child), 11-1.60 |
18 | | (aggravated criminal sexual abuse), 11-6 (indecent |
19 | | solicitation of a child), 11-6.5 (indecent solicitation of |
20 | | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting |
21 | | prostitution), 11-14.4 (promoting juvenile prostitution), |
22 | | 11-18.1 (patronizing a minor engaged in prostitution; |
23 | | patronizing a juvenile prostitute), 12-3.05 (aggravated |
24 | | battery), 12-6.4 (criminal street gang recruitment), |
25 | | 12-6.5 (compelling organization membership of persons), |
26 | | 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5 |
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1 | | (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or |
2 | | 18-6 (vehicular invasion), 18-1 (robbery; aggravated |
3 | | robbery), 18-2 (armed robbery), 18-3 (vehicular |
4 | | hijacking), 18-4 (aggravated vehicular hijacking), 18-5 |
5 | | (aggravated robbery), 19-1 (burglary), 19-3 (residential |
6 | | burglary), 20-1 (arson; residential arson; place of |
7 | | worship arson), 20-1.1 (aggravated arson), 20-1.2 |
8 | | (residential arson), 20-1.3 (place of worship arson), |
9 | | 24-1.2 (aggravated discharge of a firearm), 24-1.2-5 |
10 | | (aggravated discharge of a machine gun or silencer |
11 | | equipped firearm), 24-1.8 (unlawful possession of a |
12 | | firearm by a street gang member), 24-3.2 (unlawful |
13 | | discharge of firearm projectiles), 24-3.9 (aggravated |
14 | | possession of a stolen firearm), 24-3A (gunrunning), 26-5 |
15 | | or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 |
16 | | (soliciting support for terrorism), 29D-15.1 (causing a |
17 | | catastrophe), 29D-15.2 (possession of a deadly substance), |
18 | | 29D-20 (making a terrorist threat), 29D-25 (falsely making |
19 | | a terrorist threat), 29D-29.9 (material support for |
20 | | terrorism), 29D-35 (hindering prosecution of terrorism), |
21 | | 31A-1.2 (unauthorized contraband in a penal institution), |
22 | | or 33A-3 (armed violence); |
23 | | (2) under the Cannabis Control Act: Sections 5 |
24 | | (manufacture or delivery of cannabis), 5.1 (cannabis |
25 | | trafficking), or 8 (production or possession of cannabis |
26 | | plants), provided the offense either involves more than |
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1 | | 500 grams of any substance containing cannabis or involves |
2 | | more than 50 cannabis sativa plants; |
3 | | (3) under the Illinois Controlled Substances Act: |
4 | | Sections 401 (manufacture or delivery of a controlled |
5 | | substance), 401.1 (controlled substance trafficking), 405 |
6 | | (calculated criminal drug conspiracy), or 405.2 (street |
7 | | gang criminal drug conspiracy); or |
8 | | (4) under the Methamphetamine Control and Community |
9 | | Protection Act: Sections 15 (methamphetamine |
10 | | manufacturing), or 55 (methamphetamine delivery). |
11 | | (f) "Pattern of predicate activity" means: |
12 | | (1) at least 3 occurrences of predicate activity that |
13 | | are in some way related to each other and that have |
14 | | continuity between them, and that are separate acts. Acts |
15 | | are related to each other if they are not isolated events, |
16 | | including if they have similar purposes, or results, or |
17 | | participants, or victims, or are committed a similar way, |
18 | | or have other similar distinguishing characteristics, or |
19 | | are part of the affairs of the same enterprise. There is |
20 | | continuity between acts if they are ongoing over a |
21 | | substantial period, or if they are part of the regular way |
22 | | some entity does business or conducts its affairs; and |
23 | | (2) which occurs after the effective date of this |
24 | | Article, and the last of which falls within 3 years |
25 | | (excluding any period of imprisonment) after the first |
26 | | occurrence of predicate activity. |
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1 | | (g) "Unlawful death" includes the following offenses: |
2 | | under the Code of 1961 or the Criminal Code of 2012: Sections |
3 | | 9-1 (first degree murder) or 9-2 (second degree murder).
|
4 | | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
|
5 | | (720 ILCS 5/33G-5) |
6 | | (Section scheduled to be repealed on June 11, 2022) |
7 | | Sec. 33G-5. Penalties. Under this Article, notwithstanding |
8 | | any other provision of law: |
9 | | (a) Any violation of subsection (a) of Section 33G-4 of |
10 | | this Article , excluding a violation involving a felony offense |
11 | | of organized retail crime, shall be sentenced as a Class X |
12 | | felony with a term of imprisonment of not less than 7 years and |
13 | | not more than 30 years, or the sentence applicable to the |
14 | | underlying predicate activity, whichever is higher, and the |
15 | | sentence imposed shall also include restitution, and/or a |
16 | | criminal fine, jointly and severally, up to $250,000 or twice |
17 | | the gross amount of any intended proceeds of the violation, if |
18 | | any, whichever is higher. |
19 | | (b) Any violation of subsection (b) of Section 33G-4 of |
20 | | this Article , excluding a violation involving a felony offense |
21 | | of organized retail crime, shall be sentenced as a Class X |
22 | | felony, and the sentence imposed shall also include |
23 | | restitution, and/or a criminal fine, jointly and severally, up |
24 | | to $250,000 or twice the gross amount of any intended proceeds |
25 | | of the violation, if any, whichever is higher. |
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1 | | (b-1) Any violation of subsection (a) or (b) of Section |
2 | | 33G-4 involving a felony offense of organized retail crime |
3 | | shall be sentenced as a Class 1 felony, and the sentence |
4 | | imposed may include restitution. |
5 | | (c) Wherever the unlawful death of any person or persons |
6 | | results as a necessary or natural consequence of any violation |
7 | | of this Article, the sentence imposed on the defendant shall |
8 | | include an enhanced term of imprisonment of at least 25 years |
9 | | up to natural life, in addition to any other penalty imposed by |
10 | | the court, provided: |
11 | | (1) the death or deaths were reasonably foreseeable to |
12 | | the defendant to be sentenced; and |
13 | | (2) the death or deaths occurred when the defendant |
14 | | was otherwise engaged in the violation of this Article as |
15 | | a whole. |
16 | | (d) A sentence of probation, periodic imprisonment, |
17 | | conditional discharge, impact incarceration or county impact |
18 | | incarceration, court supervision, withheld adjudication, or |
19 | | any pretrial diversionary sentence or suspended sentence, is |
20 | | not authorized for a violation of this Article.
|
21 | | (Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13 .)
|
22 | | (720 ILCS 5/33G-9) |
23 | | (Section scheduled to be repealed on June 11, 2022) |
24 | | Sec. 33G-9. Repeal. This Article is repealed on June 11, |
25 | | 2027 2022 .
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1 | | (Source: P.A. 100-1, eff. 6-9-17.)
|
2 | | Section 2-10. The Statewide Grand Jury Act is amended by |
3 | | changing Sections 2, 3, and 4 as follows:
|
4 | | (725 ILCS 215/2) (from Ch. 38, par. 1702)
|
5 | | Sec. 2.
(a) County grand juries and State's Attorneys have |
6 | | always had
and
shall continue to have primary responsibility |
7 | | for investigating, indicting,
and prosecuting persons who |
8 | | violate the criminal laws of the State of
Illinois. However, |
9 | | in recent years organized terrorist activity directed
against |
10 | | innocent civilians and certain criminal enterprises have
|
11 | | developed that require investigation, indictment, and |
12 | | prosecution on a
statewide or multicounty level. The criminal |
13 | | enterprises exist
as a result of the
allure of profitability |
14 | | present in narcotic activity, the unlawful sale and
transfer |
15 | | of firearms, and streetgang related felonies and organized |
16 | | terrorist
activity is supported by the contribution of money |
17 | | and expert assistance from
geographically diverse sources. In
|
18 | | order to shut off the life blood of terrorism and
weaken or |
19 | | eliminate the criminal enterprises, assets, and
property
used |
20 | | to further these offenses must be frozen, and any profit must |
21 | | be
removed. State
statutes exist that can accomplish that |
22 | | goal. Among them are the offense of
money laundering, |
23 | | violations
of Article 29D of the Criminal Code of 1961 or the |
24 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, |
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1 | | and gunrunning. Local prosecutors need
investigative personnel |
2 | | and specialized training to attack and eliminate these
|
3 | | profits. In light of the transitory and complex nature of |
4 | | conduct that
constitutes these criminal activities, the many |
5 | | diverse property interests that
may be used, acquired directly |
6 | | or indirectly as a result of these criminal
activities, and |
7 | | the many places that illegally obtained property may be
|
8 | | located, it is the purpose of this Act to create a limited, |
9 | | multicounty
Statewide Grand Jury with authority to |
10 | | investigate, indict, and prosecute:
narcotic activity, |
11 | | including cannabis and controlled substance trafficking,
|
12 | | narcotics racketeering, money laundering, violations of the |
13 | | Cannabis
and
Controlled Substances Tax Act, and violations of |
14 | | Article 29D of the Criminal
Code of 1961 or the Criminal Code |
15 | | of 2012; the unlawful sale and transfer of firearms;
|
16 | | gunrunning; and streetgang related felonies.
|
17 | | (b) A Statewide Grand Jury may also investigate, indict, |
18 | | and prosecute
violations facilitated by the use of a computer |
19 | | of 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
prostitution, |
22 | | juvenile pimping, child pornography, aggravated child |
23 | | pornography, or promoting juvenile prostitution except as |
24 | | described in subdivision (a)(4) of Section 11-14.4 of the |
25 | | Criminal Code of 1961 or the Criminal Code of 2012.
|
26 | | (c) A Statewide Grand Jury may also investigate, indict, |
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1 | | and prosecute violations of organized retail crime. |
2 | | (Source: P.A. 101-593, eff. 12-4-19.)
|
3 | | (725 ILCS 215/3) (from Ch. 38, par. 1703)
|
4 | | Sec. 3. Written application for the appointment of a |
5 | | Circuit
Judge to convene and preside over a Statewide Grand |
6 | | Jury, with jurisdiction
extending throughout the State, shall |
7 | | be made to the Chief Justice of the
Supreme Court. Upon such |
8 | | written application, the Chief Justice of the
Supreme Court |
9 | | shall appoint a Circuit Judge from the circuit where the
|
10 | | Statewide Grand Jury is being sought to be convened, who shall |
11 | | make a
determination that the convening of a Statewide Grand |
12 | | Jury is necessary.
|
13 | | In such application the Attorney General shall state that |
14 | | the convening
of a Statewide Grand Jury is necessary because |
15 | | of an alleged offense or
offenses set forth in this Section |
16 | | involving more than one county of the
State and identifying |
17 | | any such offense alleged; and
|
18 | | (a) that he or she believes that the grand jury |
19 | | function for the
investigation and indictment of the |
20 | | offense or offenses cannot effectively be
performed by a |
21 | | county grand jury together with the reasons for such
|
22 | | belief, and
|
23 | | (b)(1) that each State's Attorney with jurisdiction |
24 | | over an offense
or offenses to be investigated has |
25 | | consented to the impaneling of the
Statewide Grand Jury, |
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1 | | or
|
2 | | (2) if one or more of the State's Attorneys having |
3 | | jurisdiction over
an offense or offenses to be |
4 | | investigated fails to consent to the impaneling
of the |
5 | | Statewide Grand Jury, the Attorney General shall set forth |
6 | | good cause
for impaneling the Statewide Grand Jury.
|
7 | | If the Circuit Judge determines that the convening of a |
8 | | Statewide Grand
Jury is necessary, he or she shall convene and |
9 | | impanel the Statewide Grand
Jury with jurisdiction extending |
10 | | throughout the State to investigate and
return indictments:
|
11 | | (a) For violations of any of the following or for any |
12 | | other criminal
offense committed in the course of |
13 | | violating any of the following: Article
29D of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012, the
|
15 | | Illinois Controlled Substances Act, the Cannabis Control |
16 | | Act, the Methamphetamine Control and Community Protection |
17 | | Act, or the Narcotics
Profit Forfeiture Act; a
streetgang |
18 | | related felony offense; Section 16-25.1, 24-2.1, 24-2.2, |
19 | | 24-3, 24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or |
20 | | subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
|
21 | | 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code |
22 | | of 1961 or the Criminal Code of 2012; or a money
laundering |
23 | | offense; provided that the violation or offense involves |
24 | | acts
occurring in more than one county of this State; and
|
25 | | (a-5) For violations facilitated by the use of a |
26 | | computer, including
the use of the Internet, the World |
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1 | | Wide Web, electronic mail, message board,
newsgroup, or |
2 | | any other commercial or noncommercial on-line service, of |
3 | | any of
the following offenses: indecent solicitation of a |
4 | | child, sexual exploitation
of a child, soliciting for a |
5 | | juvenile prostitute, keeping a place of juvenile
|
6 | | prostitution, juvenile pimping, child pornography, |
7 | | aggravated child pornography, or promoting juvenile |
8 | | prostitution except as described in subdivision (a)(4) of |
9 | | Section 11-14.4 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012; and
|
11 | | (b) For the offenses of perjury, subornation of |
12 | | perjury, communicating
with jurors and witnesses, and |
13 | | harassment of jurors and witnesses, as they
relate to |
14 | | matters before the Statewide Grand Jury.
|
15 | | "Streetgang related" has the meaning ascribed to it in |
16 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus |
17 | | Prevention Act.
|
18 | | Upon written application by the Attorney General for the |
19 | | convening of an
additional Statewide Grand Jury, the Chief |
20 | | Justice of the Supreme Court shall
appoint a Circuit Judge |
21 | | from the circuit for which the additional Statewide
Grand Jury |
22 | | is sought. The Circuit Judge shall determine the necessity for
|
23 | | an additional Statewide Grand Jury in accordance with the |
24 | | provisions of this
Section. No more than 2 Statewide Grand |
25 | | Juries may be empaneled at any time.
|
26 | | (Source: P.A. 101-593, eff. 12-4-19.)
|
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1 | | (725 ILCS 215/4) (from Ch. 38, par. 1704)
|
2 | | Sec. 4.
(a) The presiding judge of the Statewide Grand |
3 | | Jury will
receive recommendations from the Attorney General as |
4 | | to the county in which
the Grand Jury will sit. Prior to making |
5 | | the recommendations, the Attorney
General shall obtain the |
6 | | permission of the local State's Attorney to use
his or her |
7 | | county for the site of the Statewide Grand Jury. Upon |
8 | | receiving
the Attorney General's recommendations, the |
9 | | presiding judge will choose one
of those recommended locations |
10 | | as the site where the Grand Jury shall sit.
|
11 | | Any indictment by a Statewide Grand Jury shall be returned |
12 | | to the
Circuit Judge presiding over the Statewide Grand Jury |
13 | | and shall include a
finding as to the county or counties in |
14 | | which the alleged offense was
committed. Thereupon, the judge |
15 | | shall, by order, designate the county of
venue for the purpose |
16 | | of trial. The judge may also, by order, direct the
|
17 | | consolidation of an indictment returned by a county grand jury |
18 | | with an
indictment returned by the Statewide Grand Jury and |
19 | | set venue for trial.
|
20 | | (b) Venue for purposes of trial for the offense of |
21 | | narcotics
racketeering shall be proper in any county where:
|
22 | | (1) Cannabis or a controlled substance which is the |
23 | | basis for the charge
of narcotics racketeering was used; |
24 | | acquired; transferred or distributed
to, from or through; |
25 | | or any county where any act was performed to further
the |
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1 | | use; acquisition, transfer or distribution of said |
2 | | cannabis or
controlled substance; or
|
3 | | (2) Any money, property, property interest, or any |
4 | | other asset generated
by narcotics activities was |
5 | | acquired, used, sold, transferred or
distributed to, from |
6 | | or through; or,
|
7 | | (3) Any enterprise interest obtained as a result of |
8 | | narcotics
racketeering was acquired, used, transferred or |
9 | | distributed to, from or
through, or where any activity was |
10 | | conducted by the enterprise or any
conduct to further the |
11 | | interests of such an enterprise.
|
12 | | (c) Venue for purposes of trial for the offense of money |
13 | | laundering
shall be proper in any county where any part of a |
14 | | financial transaction in
criminally derived property took |
15 | | place, or in any county where any money or
monetary interest |
16 | | which is the basis for the offense, was acquired, used,
sold, |
17 | | transferred or distributed to, from, or through.
|
18 | | (d) A person who commits the offense of cannabis |
19 | | trafficking or
controlled substance trafficking may be tried |
20 | | in any county.
|
21 | | (e) Venue for purposes of trial for any violation of |
22 | | Article 29D of the
Criminal Code of 1961 or the Criminal Code |
23 | | of 2012 may be in the county in which an act of terrorism |
24 | | occurs,
the county in which material support or resources are |
25 | | provided or solicited,
the county in which criminal assistance |
26 | | is rendered, or any county in which any
act in furtherance of |
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1 | | any violation of Article 29D of the Criminal Code of 1961 or |
2 | | the Criminal Code of 2012
occurs.
|
3 | | (f) Venue for purposes of trial for the offense of |
4 | | organized retail crime shall be proper in any county where: |
5 | | (1) any property, property interest, asset, money, or |
6 | | thing of value that is the basis for the charge of |
7 | | organized retail crime was used, acquired, transferred, or |
8 | | distributed to, from, or through; or any county where any |
9 | | act was performed to further the use, acquisition, |
10 | | transfer, or distribution of the property, property |
11 | | interest, asset, money, or thing or value; or |
12 | | (2) any enterprise interest obtained as a result of |
13 | | organized retail crime was acquired, used, transferred, or |
14 | | distributed to, from, or through, or where any activity |
15 | | was conducted by the enterprise or any conduct to further |
16 | | the interests of such an enterprise. |
17 | | If the offense of organized retail crime is committed |
18 | | using a cell phone or the Internet, venue shall be proper in |
19 | | any county. |
20 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
21 | | Article 99.
|
22 | | Section 99-99. Effective date. This Act takes effect upon |
23 | | becoming law.".
|