Public Act 102-0757

HB1091 Enrolled LRB102 03105 RLC 13118 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Article 1.

Section 1-1. Short title. This Article may be cited as the

Illinois Integrity, Notification, and Fairness in Online

Retail Marketplaces for Consumers (INFORM Consumers) Act.

References in this Article to "this Act" mean this Article.

Section 1-5. Definitions. In this Act:

"Consumer product" means any tangible personal property

that is distributed in commerce and that is normally used for

personal, family, or household purposes (including any such

property intended to be attached to or installed in any real

property without regard to whether it is so attached or

installed).

"High-volume third-party seller" means a participant in an

online marketplace who is a third-party seller and who, in any

continuous 12-month period during the previous 24 months, has

entered into 200 or more discrete sales or transactions of new

or unused consumer products and has an aggregate total of

$5,000 or more in gross revenue. For purposes of calculating

the number of discrete sales or transactions or the aggregate

gross revenues under subsection (a) of Section 1-10, an online

marketplace shall only be required to count sales or

transactions made through the online marketplace and for which

payment was processed by the online marketplace, either

directly or through its payment processor.

"Online marketplace" means any person or entity that:

(1) operates a consumer-directed electronically based

or accessed platform that includes features that allow

for, facilitate, or enable online third-party sellers to

engage in the sale, purchase, payment, storage, shipping,

or delivery of consumer products in this State;

(2) is used by one or more online third-party sellers

for such purposes; and

(3) has a contractual or similar relationship with

consumers governing their use of the platform to purchase

consumer product.

"Seller" means a person who sells, offers to sell, or

contracts to sell consumer products through an online

marketplace's platform.

"Third-party seller" means any seller, independent of an

online marketplace, who sells, offers to sell, or contracts to

sell a consumer product in this State through an online

marketplace. "Third-party seller" does not include, with

respect to an online marketplace:

(1) a seller who operates the online marketplace's

platform; or

(2) a business entity that has:

(A) made available to the public the entity's

name, business address, and working contact

information;

(B) an ongoing contractual relationship with the

online marketplace to provide the online marketplace

with the manufacture, distribution, wholesaling, or

fulfillment of shipments of consumer products; and

(C) provided to the online marketplace identifying

information, as described in subsection (a) of Section

1-10, that has been verified in accordance with that

subsection.

"Verify" means to confirm information provided to an

online marketplace, including, but not limited to, by the use

of one or more methods that enable the online marketplace to

reliably determine that any information and documents provided

are valid, corresponding to the seller or an individual acting

on the seller's behalf, not misappropriated, and not

falsified.

Section 1-10. Online marketplace verification.

(a) Online marketplaces shall require that any high-volume

third-party seller on the online marketplace's platform

provide the online marketplace with the following information

no later than 10 days after qualifying as a high-volume

third-party seller on the platform:

(1) A bank account number, or, if the high-volume

third-party seller does not have a bank account, the name

of the payee for payments issued by the online marketplace

to the high-volume third-party seller. The bank account or

payee information required may be provided by the seller

to the online marketplace or other third parties

contracted by the online marketplace to maintain the

information, so long as the online marketplace ensures

that it can obtain the information on demand from the

other third parties.

(2) The contact information for the high-volume

third-party seller. If the high-volume third-party seller

is an individual, the individual's name shall be provided.

If the high-volume third-party seller is not an

individual, a copy of a valid government-issued

identification for an individual acting on behalf of the

seller that includes the individual's name or a copy of a

valid government-issued record or tax document that

includes the business name and physical address of the

seller shall be provided.

(3) A business tax identification number or, if the

high-volume third-party seller does not have a business

tax identification number, a taxpayer identification

number.

(4) A current working email address and phone number

for the high-volume third-party seller.

(b) An online marketplace shall periodically, but not less

than annually, notify any high-volume third-party seller on

the online marketplace's platform of the requirement to keep

any information collected under subsection (a) current and

require any high-volume third-party seller on the online

marketplace's platform to, not later than 10 days after

receiving the notice, electronically certify that:

(1) the high-volume third-party seller has provided

any changes to the information to the online marketplace,

if such changes have occurred;

(2) there have been no changes to the high-volume

third-party seller's information; or

(3) the high-volume third-party seller has provided

any changes to such information to the online marketplace.

(c) If a high-volume third-party seller does not provide

the information or certification required under this Section,

the online marketplace, after providing the seller with

written or electronic notice and an opportunity to provide the

information or certification not later than 10 days after the

issuance of the notice, shall suspend any future sales

activity of the seller until the seller provides the

information or certification.

(d) An online marketplace shall verify the information

collected under subsection (a) no later than 10 days after the

collection and shall verify any change to the information not

later than 10 days after being notified of the change by a

high-volume third-party seller under subsection (b). If a

high-volume third-party seller provides a copy of a valid

government-issued tax document, any information contained in

the document shall be presumed to be verified as of the date of

issuance of the document.

(e) An online marketplace shall require any high-volume

third-party seller with an aggregate total of $20,000 or more

in annual gross revenues on the online marketplace, and that

uses the online marketplace's platform, to provide information

to the online marketplace that includes the identity of the

high-volume third-party seller, including:

(1) the full name of the seller or seller's company

name, or the name by which the seller or company operates

on the online marketplace;

(2) the physical address of the seller;

(3) the contact information of the seller including a

current working phone number; a current working email

address for the seller; or other means of direct

electronic messaging that may be provided to the

high-volume third-party seller by the online marketplace

to allow for the direct, unhindered communication with

high-volume third-party sellers by users of the online

marketplace; and

(4) whether the high-volume third-party seller used a

different seller to supply consumer products to consumers

upon purchase, and, upon the request of a consumer, the

information described in paragraph (1) of this subsection

(e) relating to any such seller that supplied the consumer

product to the consumer, if the seller is different from

the high-volume third-party seller listed on the product

listing prior to purchase.

(f) An online marketplace shall provide to consumers the

information in subsection (e) in a conspicuous manner: (i) in

the order confirmation message or other document or

communication made to a consumer after a purchase is

finalized; and (ii) in the consumer's account transaction

history.

(g) Upon the request of a high-volume third-party seller,

an online marketplace may provide for partial disclosure of

the identity information required under subsection (e) as

follows:

(1) If the high-volume third-party seller certifies to

the online marketplace that the seller does not have a

business address and only has a residential street

address, or has a combined business and residential

address, the online marketplace may disclose only the

country and, if applicable, the state in which the

high-volume third-party seller resides; and inform

consumers that there is no business address available for

the seller and that consumer inquiries should be submitted

to the seller by phone, email, or other means of

electronic messaging provided to the seller by the online

marketplace.

(2) If the high-volume third-party seller certifies to

the online marketplace that the seller is a business that

has a physical address for product returns, the online

marketplace may disclose the seller's physical address for

product returns.

(3) If a high-volume third-party seller certifies to

the online marketplace that the seller does not have a

phone number other than a personal phone number, the

online marketplace shall inform consumers that there is no

phone number available for the seller and that consumer

inquiries should be submitted to the seller's email

address or other means of electronic messaging provided to

the seller by the online marketplace.

(h) If an online marketplace becomes aware that a

high-volume third-party seller has made a false representation

to the online marketplace in order to justify the provision of

a partial disclosure under subsection (g) or that a

high-volume third-party seller who has requested and received

a provision for a partial disclosure under subsection (g) has

not provided responsive answers within a reasonable time to

consumer inquiries submitted to the seller by phone, email, or

other means of electronic messaging provided to the seller by

the online marketplace, the online marketplace shall, after

providing the seller with written or electronic notice and an

opportunity to respond not later than 10 days after the

issuance of the notice, suspend any future sales activity of

the seller unless the seller consents to the disclosure of the

identity information required under subsection (e).

(i) If a high-volume third-party seller does not comply

with the requirements to provide and disclose information

under this Section, the online marketplace, after providing

the seller with written or electronic notice and an

opportunity to provide or disclose the information not later

than 10 days after the issuance of the notice, shall suspend

any future sales activity of the seller until the seller

complies with the requirements.

(j) An online marketplace shall disclose to consumers in a

clear and conspicuous manner on the product listing of any

high-volume third-party seller a reporting mechanism that

allows for electronic and telephonic reporting of suspicious

marketplace activity to the online marketplace.

(k) Information collected solely to comply with the

requirements of this Section may not be used for any other

purpose unless required by law. An online marketplace shall

implement and maintain reasonable security procedures and

practices, including administrative, physical, and technical

safeguards, appropriate to the nature of the data and the

purposes for which the data will be used, to protect the data

collected under this Section from unauthorized use,

disclosure, access, destruction, or modification.

Notwithstanding anything to the contrary in this subsection,

the Attorney General may request, by subpoena or otherwise,

and use any information collected to comply with the

requirements of this Section to enforce the provisions of this

Act as set forth in subsection (l).

(l) If the Attorney General has reason to believe that any

person has violated this Act, the Attorney General may bring

an action in the name of the People of the State against the

person to restrain by preliminary or permanent injunction the

use of such a method, act, or practice. The court, in its

discretion, may exercise all powers necessary, including, but

not limited to: injunction; revocation, forfeiture, or

suspension of any license, charter, franchise, certificate, or

other evidence of authority of any person to do business in

this State; appointment of a receiver; dissolution of domestic

corporations or associations or suspension or termination of

the right of foreign corporations or associations to do

business in this State; and restitution. In the administration

of this Section, the Attorney General may accept an Assurance

of Voluntary Compliance with respect to any method, act, or

practice deemed to be violative of this Act from any person who

has engaged in, is engaging in, or was ab to engage in such a

method, act, or practice. Evidence of a violation of an

Assurance of Voluntary Compliance shall be prima facie

evidence of a violation of this Act in any subsequent

proceeding brought by the Attorney General against the alleged

violator. The Attorney General shall be empowered to issue

subpoenas to or examine under oath any person alleged to have

participated in or to have knowledge of the alleged method,

act, or practice in violation of this Act. Nothing in this Act

creates or is intended to create a private right of action

against any high-volume third-party seller, online marketplace

seller, or third-party seller based upon compliance or

noncompliance with its provisions.

(m) To the extent that a substantially similar federal law

or regulation conflicts with this Act, the federal law or

regulation controls.

Section 1-15. Organized Retail Crime Enforcement Fund.

(a) There is created in the State treasury a special fund

known as the Organized Retail Crime Enforcement Fund.

(b) Subject to appropriation, moneys in the Organized

Retail Crime Enforcement Fund shall be used by the Office of

the Attorney General to award grants to State's Attorneys'

offices and law enforcement agencies to investigate, indict,

and prosecute violations of organized retail crime.

(c) Moneys received for purposes of this Section,

including, but not limited to, fee receipts, gifts, grants,

and awards from any public or private entity, must be

deposited into the Fund.

(d) The Office of the Attorney General may use moneys in

the Fund to investigate, indict, and prosecute violations of

organized retail crime, for payment of awards and grants, and

for ordinary and contingent expenses and operational programs,

including law enforcement purposes.

(e) The Office of the Attorney General may set

requirements for application and distribution of grant moneys.

(f) As used in this Section, "organized retail crime" has

the meaning provided in Section 16-25.1 of the Criminal Code

of 2012.

Section 1-20. The State Finance Act is amended by adding

Section 5.970 as follows:

(30 ILCS 105/5.970 new)

Sec. 5.970. The Organized Retail Crime Enforcement Fund.

Article 2.

Section 2-5. The Criminal Code of 2012 is amended by

changing Sections 16-0.1 and 17-37 and by adding Sections

16-25.1 and 16-25.2 as follows:

(720 ILCS 5/16-0.1)

Sec. 16-0.1. Definitions. In this Article, unless the

context clearly requires otherwise, the following terms are

defined as indicated:

"Access" means to use, instruct, communicate with, store

data in, retrieve or intercept data from, or otherwise utilize

any services of a computer.

"Coin-operated machine" includes any automatic vending

machine or any part thereof, parking meter, coin telephone,

coin-operated transit turnstile, transit fare box, coin

laundry machine, coin dry cleaning machine, amusement machine,

music machine, vending machine dispensing goods or services,

or money changer.

"Communication device" means any type of instrument,

device, machine, or equipment which is capable of

transmitting, acquiring, decrypting, or receiving any

telephonic, electronic, data, Internet access, audio, video,

microwave, or radio transmissions, signals, communications, or

services, including the receipt, acquisition, transmission, or

decryption of all such communications, transmissions, signals,

or services provided by or through any cable television, fiber

optic, telephone, satellite, microwave, radio, Internet-based,

data transmission, or wireless distribution network, system or

facility; or any part, accessory, or component thereof,

including any computer circuit, security module, smart card,

software, computer chip, electronic mechanism or other

component, accessory or part of any communication device which

is capable of facilitating the transmission, decryption,

acquisition or reception of all such communications,

transmissions, signals, or services.

"Communication service" means any service lawfully

provided for a charge or compensation to facilitate the lawful

origination, transmission, emission, or reception of signs,

signals, data, writings, images, and sounds or intelligence of

any nature by telephone, including cellular telephones or a

wire, wireless, radio, electromagnetic, photo-electronic or

photo-optical system; and also any service lawfully provided

by any radio, telephone, cable television, fiber optic,

satellite, microwave, Internet-based or wireless distribution

network, system, facility or technology, including, but not

limited to, any and all electronic, data, video, audio,

Internet access, telephonic, microwave and radio

communications, transmissions, signals and services, and any

such communications, transmissions, signals and services

lawfully provided directly or indirectly by or through any of

those networks, systems, facilities or technologies.

"Communication service provider" means: (1) any person or

entity providing any communication service, whether directly

or indirectly, as a reseller, including, but not limited to, a

cellular, paging or other wireless communications company or

other person or entity which, for a fee, supplies the

facility, cell site, mobile telephone switching office or

other equipment or communication service; (2) any person or

entity owning or operating any cable television, fiber optic,

satellite, telephone, wireless, microwave, radio, data

transmission or Internet-based distribution network, system or

facility; and (3) any person or entity providing any

communication service directly or indirectly by or through any

such distribution system, network or facility.

"Computer" means a device that accepts, processes, stores,

retrieves or outputs data, and includes but is not limited to

auxiliary storage and telecommunications devices connected to

computers.

"Continuing course of conduct" means a series of acts, and

the accompanying mental state necessary for the crime in

question, irrespective of whether the series of acts are

continuous or intermittent.

"Delivery container" means any bakery basket of wire or

plastic used to transport or store bread or bakery products,

any dairy case of wire or plastic used to transport or store

dairy products, and any dolly or cart of 2 or 4 wheels used to

transport or store any bakery or dairy product.

"Document-making implement" means any implement,

impression, template, computer file, computer disc, electronic

device, computer hardware, computer software, instrument, or

device that is used to make a real or fictitious or fraudulent

personal identification document.

"Financial transaction device" means any of the following:

(1) An electronic funds transfer card.

(2) A credit card.

(3) A debit card.

(4) A point-of-sale card.

(5) Any instrument, device, card, plate, code, account

number, personal identification number, or a record or

copy of a code, account number, or personal identification

number or other means of access to a credit account or

deposit account, or a driver's license or State

identification card used to access a proprietary account,

other than access originated solely by a paper instrument,

that can be used alone or in conjunction with another

access device, for any of the following purposes:

(A) Obtaining money, cash refund or credit

account, credit, goods, services, or any other thing

of value.

(B) Certifying or guaranteeing to a person or

business the availability to the device holder of

funds on deposit to honor a draft or check payable to

the order of that person or business.

(C) Providing the device holder access to a

deposit account for the purpose of making deposits,

withdrawing funds, transferring funds between deposit

accounts, obtaining information pertaining to a

deposit account, or making an electronic funds

transfer.

"Full retail value" means the merchant's stated or

advertised price of the merchandise. "Full retail value"

includes the aggregate value of property obtained from retail

thefts committed by the same person as part of a continuing

course of conduct from one or more mercantile establishments

in a single transaction or in separate transactions over a

period of one year.

"Internet" means an interactive computer service or system

or an information service, system, or access software provider

that provides or enables computer access by multiple users to

a computer server, and includes, but is not limited to, an

information service, system, or access software provider that

provides access to a network system commonly known as the

Internet, or any comparable system or service and also

includes, but is not limited to, a World Wide Web page,

newsgroup, message board, mailing list, or chat area on any

interactive computer service or system or other online

service.

"Library card" means a card or plate issued by a library

facility for purposes of identifying the person to whom the

library card was issued as authorized to borrow library

material, subject to all limitations and conditions imposed on

the borrowing by the library facility issuing such card.

"Library facility" includes any public library or museum,

or any library or museum of an educational, historical or

eleemosynary institution, organization or society.

"Library material" includes any book, plate, picture,

photograph, engraving, painting, sculpture, statue, artifact,

drawing, map, newspaper, pamphlet, broadside, magazine,

manuscript, document, letter, microfilm, sound recording,

audiovisual material, magnetic or other tape, electronic data

processing record or other documentary, written or printed

material regardless of physical form or characteristics, or

any part thereof, belonging to, or on loan to or otherwise in

the custody of a library facility.

"Manufacture or assembly of an unlawful access device"

means to make, produce or assemble an unlawful access device

or to modify, alter, program or re-program any instrument,

device, machine, equipment or software so that it is capable

of defeating or circumventing any technology, device or

software used by the provider, owner or licensee of a

communication service or of any data, audio or video programs

or transmissions to protect any such communication, data,

audio or video services, programs or transmissions from

unauthorized access, acquisition, disclosure, receipt,

decryption, communication, transmission or re-transmission.

"Manufacture or assembly of an unlawful communication

device" means to make, produce or assemble an unlawful

communication or wireless device or to modify, alter, program

or reprogram a communication or wireless device to be capable

of acquiring, disrupting, receiving, transmitting, decrypting,

or facilitating the acquisition, disruption, receipt,

transmission or decryption of, a communication service without

the express consent or express authorization of the

communication service provider, or to knowingly assist others

in those activities.

"Master sound recording" means the original physical

object on which a given set of sounds were first recorded and

which the original object from which all subsequent sound

recordings embodying the same set of sounds are directly or

indirectly derived.

"Merchandise" means any item of tangible personal

property, including motor fuel.

"Merchant" means an owner or operator of any retail

mercantile establishment or any agent, employee, lessee,

consignee, officer, director, franchisee, or independent

contractor of the owner or operator. "Merchant" also means a

person who receives from an authorized user of a payment card,

or someone the person believes to be an authorized user, a

payment card or information from a payment card, or what the

person believes to be a payment card or information from a

payment card, as the instrument for obtaining, purchasing or

receiving goods, services, money, or anything else of value

from the person.

"Motor fuel" means a liquid, regardless of its properties,

used to propel a vehicle, including gasoline and diesel.

"Online" means the use of any electronic or wireless

device to access the Internet.

"Payment card" means a credit card, charge card, debit

card, or any other card that is issued to an authorized card

user and that allows the user to obtain, purchase, or receive

goods, services, money, or anything else of value from a

merchant.

"Person with a disability" means a person who suffers from

a physical or mental impairment resulting from disease,

injury, functional disorder or congenital condition that

impairs the individual's mental or physical ability to

independently manage his or her property or financial

resources, or both.

"Personal identification document" means a birth

certificate, a driver's license, a State identification card,

a public, government, or private employment identification

card, a social security card, a firearm owner's identification

card, a credit card, a debit card, or a passport issued to or

on behalf of a person other than the offender, or any document

made or issued, or falsely purported to have been made or

issued, by or under the authority of the United States

Government, the State of Illinois, or any other state

political subdivision of any state, or any other governmental

or quasi-governmental organization that is of a type intended

for the purpose of identification of an individual, or any

such document made or altered in a manner that it falsely

purports to have been made on behalf of or issued to another

person or by the authority of one who did not give that

authority.

"Personal identifying information" means any of the

following information:

(1) A person's name.

(2) A person's address.

(3) A person's date of birth.

(4) A person's telephone number.

(5) A person's driver's license number or State of

Illinois identification card as assigned by the Secretary

of State of the State of Illinois or a similar agency of

another state.

(6) A person's social security number.

(7) A person's public, private, or government

employer, place of employment, or employment

identification number.

(8) The maiden name of a person's mother.

(9) The number assigned to a person's depository

account, savings account, or brokerage account.

(10) The number assigned to a person's credit or debit

card, commonly known as a "Visa Card", "MasterCard",

"American Express Card", "Discover Card", or other similar

cards whether issued by a financial institution,

corporation, or business entity.

(11) Personal identification numbers.

(12) Electronic identification numbers.

(13) Digital signals.

(14) User names, passwords, and any other word,

number, character or combination of the same usable in

whole or part to access information relating to a specific

individual, or to the actions taken, communications made

or received, or other activities or transactions of a

specific individual.

(15) Any other numbers or information which can be

used to access a person's financial resources, or to

identify a specific individual, or the actions taken,

communications made or received, or other activities or

transactions of a specific individual.

"Premises of a retail mercantile establishment" includes,

but is not limited to, the retail mercantile establishment;

any common use areas in shopping centers; and all parking

areas set aside by a merchant or on behalf of a merchant for

the parking of vehicles for the convenience of the patrons of

such retail mercantile establishment.

"Public water, gas, or power supply, or other public

services" mean any service subject to regulation by the

Illinois Commerce Commission; any service furnished by a

public utility that is owned and operated by any political

subdivision, public institution of higher education or

municipal corporation of this State; any service furnished by

any public utility that is owned by such political

subdivision, public institution of higher education, or

municipal corporation and operated by any of its lessees or

operating agents; any service furnished by an electric

cooperative as defined in Section 3.4 of the Electric Supplier

Act; or wireless service or other service regulated by the

Federal Communications Commission.

"Publish" means to communicate or disseminate information

to any one or more persons, either orally, in person, or by

telephone, radio or television or in writing of any kind,

including, without limitation, a letter or memorandum,

circular or handbill, newspaper or magazine article or book.

"Radio frequency identification device" means any

implement, computer file, computer disc, electronic device,

computer hardware, computer software, or instrument that is

used to activate, read, receive, or decode information stored

on a RFID tag or transponder attached to a personal

identification document.

"RFID tag or transponder" means a chip or device that

contains personal identifying information from which the

personal identifying information can be read or decoded by

another device emitting a radio frequency that activates or

powers a radio frequency emission response from the chip or

transponder.

"Reencoder" means an electronic device that places encoded

information from the magnetic strip or stripe of a payment

card onto the magnetic strip or stripe of a different payment

card.

"Retail mercantile establishment" means any place where

merchandise is displayed, held, stored or offered for sale to

the public.

"Scanning device" means a scanner, reader, or any other

electronic device that is used to access, read, scan, obtain,

memorize, or store, temporarily or permanently, information

encoded on the magnetic strip or stripe of a payment card.

"Shopping cart" means those push carts of the type or

types which are commonly provided by grocery stores, drug

stores or other retail mercantile establishments for the use

of the public in transporting commodities in stores and

markets and, incidentally, from the stores to a place outside

the store.

"Sound or audio visual recording" means any sound or audio

visual phonograph record, disc, pre-recorded tape, film, wire,

magnetic tape or other object, device or medium, now known or

hereafter invented, by which sounds or images may be

reproduced with or without the use of any additional machine,

equipment or device.

"Stored value card" means any card, gift card, instrument,

or device issued with or without fee for the use of the

cardholder to obtain money, goods, services, or anything else

of value. Stored value cards include, but are not limited to,

cards issued for use as a stored value card or gift card, and

an account identification number or symbol used to identify a

stored value card. "Stored value card" does not include a

prepaid card usable at multiple, unaffiliated merchants or at

automated teller machines, or both. "Stored value card" shall

only apply to Section 16-25.1 of this Act.

"Theft detection device remover" means any tool or device

specifically designed and intended to be used to remove any

theft detection device from any merchandise.

"Under-ring" means to cause the cash register or other

sales recording device to reflect less than the full retail

value of the merchandise.

"Unidentified sound or audio visual recording" means a

sound or audio visual recording without the actual name and

full and correct street address of the manufacturer, and the

name of the actual performers or groups prominently and

legibly printed on the outside cover or jacket and on the label

of such sound or audio visual recording.

"Unlawful access device" means any type of instrument,

device, machine, equipment, technology, or software which is

primarily possessed, used, designed, assembled, manufactured,

sold, distributed or offered, promoted or advertised for the

purpose of defeating or circumventing any technology, device

or software, or any component or part thereof, used by the

provider, owner or licensee of any communication service or of

any data, audio or video programs or transmissions to protect

any such communication, audio or video services, programs or

transmissions from unauthorized access, acquisition, receipt,

decryption, disclosure, communication, transmission or

re-transmission.

"Unlawful communication device" means any electronic

serial number, mobile identification number, personal

identification number or any communication or wireless device

that is capable of acquiring or facilitating the acquisition

of a communication service without the express consent or

express authorization of the communication service provider,

or that has been altered, modified, programmed or

reprogrammed, alone or in conjunction with another

communication or wireless device or other equipment, to so

acquire or facilitate the unauthorized acquisition of a

communication service. "Unlawful communication device" also

means:

(1) any phone altered to obtain service without the

express consent or express authorization of the

communication service provider, tumbler phone, counterfeit

or clone phone, tumbler microchip, counterfeit or clone

microchip, scanning receiver of wireless communication

service or other instrument capable of disguising its

identity or location or of gaining unauthorized access to

a communications or wireless system operated by a

communication service provider; and

(2) any communication or wireless device which is

capable of, or has been altered, designed, modified,

programmed or reprogrammed, alone or in conjunction with

another communication or wireless device or devices, so as

to be capable of, facilitating the disruption,

acquisition, receipt, transmission or decryption of a

communication service without the express consent or

express authorization of the communication service

provider, including, but not limited to, any device,

technology, product, service, equipment, computer software

or component or part thereof, primarily distributed, sold,

designed, assembled, manufactured, modified, programmed,

reprogrammed or used for the purpose of providing the

unauthorized receipt of, transmission of, disruption of,

decryption of, access to or acquisition of any

communication service provided by any communication

service provider.

"Vehicle" means a motor vehicle, motorcycle, or farm

implement that is self-propelled and that uses motor fuel for

propulsion.

"Wireless device" includes any type of instrument, device,

machine, or equipment that is capable of transmitting or

receiving telephonic, electronic or radio communications, or

any part of such instrument, device, machine, or equipment, or

any computer circuit, computer chip, electronic mechanism, or

other component that is capable of facilitating the

transmission or reception of telephonic, electronic, or radio

communications.

(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.

1-1-12; 97-1109, eff. 1-1-13.)

(720 ILCS 5/16-25.1 new)

Sec. 16-25.1. Organized retail crime.

(a) An individual is guilty of organized retail crime when

that individual, in concert with another individual or any

group of individuals, knowingly commits the act of retail

theft from one or more retail mercantile establishments, and

in the course of or in furtherance of such crime or flight

therefrom:

(1) knowingly commits assault as defined under Section

12-1 or battery as defined under Section 12-3(a)(2) on the

premises of the retail mercantile establishment;

(2) knowingly commits a battery under Section

12-3(a)(1) on the premises of the retail mercantile

establishment; or

(3) intentionally destroys or damages the property of

the retail mercantile establishment.

(b) An individual is guilty of being a manager of the

organized retail crime when that individual knowingly

recruits, organizes, supervises, finances, or otherwise

manages or directs any other individual or individuals to:

(1) commit the act of retail theft from one or more

retail mercantile establishments, if the aggregate value

of the merchandise exceeds $300, and the manager or the

individual has the intent to resell the merchandise or

otherwise have the merchandise reenter the stream of

commerce;

(2) commit theft of merchandise, the aggregate retail

value of which exceeds $300, while the merchandise is in

transit from the manufacturer to the retail mercantile

establishment, and the manager or the individual has the

intent to resell the merchandise;

(3) obtain control over property for sale or resale,

the aggregate retail value of which exceeds $300, knowing

the property to have been stolen or under such

circumstances as would reasonably induce the individual to

believe that the property was stolen; or

(4) receive, possess, or purchase any merchandise or

stored value cards, the aggregate retail value of which

exceeds $300, obtained from a fraudulent return with the

knowledge that the property was obtained in violation of

this Section or Section 16-25.

(c) If acts or omissions constituting any part of the

commission of the charged offense under the Section occurred

in more than one county, each county has concurrent venue. If

the charged offenses under this Section occurred in more than

one county, the counties may join the offenses in a single

criminal pleading and have concurrent venue as to all charged

offenses. When counties have concurrent venue, the first

county in which a criminal complaint, information, or

indictment is issued in the case becomes the county with

exclusive venue. A violation of organized retail crime may be

investigated, indicted, and prosecuted pursuant to the

Statewide Grand Jury Act.

(d) Sentence. A violation of paragraph (1) or (3) of

subsection (a) is a Class 3 felony. A violation of paragraph

(2) of subsection (a) is a Class 2 felony. A violation of

subsection (b) is a Class 2 felony.

(720 ILCS 5/16-25.2 new)

Sec. 16-25.2. Retail loss prevention report and notice

requirements.

(a) A retail mercantile establishment that is a victim of

a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall

have the right:

(1) to timely notification of all court proceedings as

defined under subsection (e) of Section 3 of the Rights of

Crime Victims and Witnesses Act. Timely notice shall

include 7 days' notice of any court proceedings. Timely

notice shall be sent to the location of the retail

mercantile establishment where the violation occurred and

to the point of contact as provided by the retail

mercantile establishment. The point of contact may be any

employee of the retail mercantile establishment or

representative as provided by the retail mercantile

establishment;

(2) to communicate with the prosecution;

(3) to be reasonably heard at any post-arraignment

court proceeding in which a right of the victim is at issue

and any court proceeding involving a post-arraignment

release decision, plea, or sentencing;

(4) to be notified of the conviction, the sentence,

the imprisonment, and the release of the accused; and

(5) to have present at all court proceedings subject

to the rules of evidence an advocate of the retail

mercantile establishment's choice.

(b) Unless a retail mercantile establishment refuses to

file a report regarding the incident, the law enforcement

agency having jurisdiction shall file a report concerning the

incident with the State's Attorney. No law enforcement agent

shall discourage or attempt to discourage a retail mercantile

establishment from filing a police report concerning the

incident. Upon the request of the retail mercantile

establishment, the law enforcement agency having jurisdiction

shall provide a free copy of the police report concerning the

incident, as soon as practicable, but in no event later than 5

business days after the request. The Illinois Law Enforcement

Training Standards Board shall not consider any allegation of

a violation of this subsection that is contained in a

complaint made under Section 1-35 of the Police and Community

Relations Improvement Act.

(720 ILCS 5/17-37)

Sec. 17-37. Use of credit or debit card with intent to

defraud.

(a) A cardholder who uses a credit card or debit card

issued to him or her, or allows another person to use a credit

card or debit card issued to him or her, with intent to defraud

the issuer, or a person providing an item or items of value, or

any other person is guilty of a Class A misdemeanor if the

value of all items of value does not exceed $150 in any 6-month

period; and is guilty of a Class 4 felony if the value exceeds

$150 in any 6-month period.

(b) Where an investigation into an intent to defraud under

subsection (a) occurs, issuers shall consider a merchant's

timely submission of compelling evidence under the applicable

dispute management guidelines of the card association with

whom the merchant maintains an agreement. A merchant shall

comply with merchant responsibilities under any such

agreement.

(Source: P.A. 96-1551, eff. 7-1-11.)

Section 2-10. The Statewide Grand Jury Act is amended by

changing Sections 2, 3, and 4 as follows:

(725 ILCS 215/2) (from Ch. 38, par. 1702)

Sec. 2. (a) County grand juries and State's Attorneys have

always had and shall continue to have primary responsibility

for investigating, indicting, and prosecuting persons who

violate the criminal laws of the State of Illinois. However,

in recent years organized terrorist activity directed against

innocent civilians and certain criminal enterprises have

developed that require investigation, indictment, and

prosecution on a statewide or multicounty level. The criminal

enterprises exist as a result of the allure of profitability

present in narcotic activity, the unlawful sale and transfer

of firearms, and streetgang related felonies and organized

terrorist activity is supported by the contribution of money

and expert assistance from geographically diverse sources. In

order to shut off the life blood of terrorism and weaken or

eliminate the criminal enterprises, assets, and property used

to further these offenses must be frozen, and any profit must

be removed. State statutes exist that can accomplish that

goal. Among them are the offense of money laundering,

violations of Article 29D of the Criminal Code of 1961 or the

Criminal Code of 2012, the Narcotics Profit Forfeiture Act,

and gunrunning. Local prosecutors need investigative personnel

and specialized training to attack and eliminate these

profits. In light of the transitory and complex nature of

conduct that constitutes these criminal activities, the many

diverse property interests that may be used, acquired directly

or indirectly as a result of these criminal activities, and

the many places that illegally obtained property may be

located, it is the purpose of this Act to create a limited,

multicounty Statewide Grand Jury with authority to

investigate, indict, and prosecute: narcotic activity,

including cannabis and controlled substance trafficking,

narcotics racketeering, money laundering, violations of the

Cannabis and Controlled Substances Tax Act, and violations of

Article 29D of the Criminal Code of 1961 or the Criminal Code

of 2012; the unlawful sale and transfer of firearms;

gunrunning; and streetgang related felonies.

(b) A Statewide Grand Jury may also investigate, indict,

and prosecute violations facilitated by the use of a computer

of any of the following offenses: indecent solicitation of a

child, sexual exploitation of a child, soliciting for a

juvenile prostitute, keeping a place of juvenile prostitution,

juvenile pimping, child pornography, aggravated child

pornography, or promoting juvenile prostitution except as

described in subdivision (a)(4) of Section 11-14.4 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(c) A Statewide Grand Jury may also investigate, indict,

and prosecute violations of organized retail crime.

(Source: P.A. 101-593, eff. 12-4-19.)

(725 ILCS 215/3) (from Ch. 38, par. 1703)

Sec. 3. Written application for the appointment of a

Circuit Judge to convene and preside over a Statewide Grand

Jury, with jurisdiction extending throughout the State, shall

be made to the Chief Justice of the Supreme Court. Upon such

written application, the Chief Justice of the Supreme Court

shall appoint a Circuit Judge from the circuit where the

Statewide Grand Jury is being sought to be convened, who shall

make a determination that the convening of a Statewide Grand

Jury is necessary.

In such application the Attorney General shall state that

the convening of a Statewide Grand Jury is necessary because

of an alleged offense or offenses set forth in this Section

involving more than one county of the State and identifying

any such offense alleged; and

(a) that he or she believes that the grand jury

function for the investigation and indictment of the

offense or offenses cannot effectively be performed by a

county grand jury together with the reasons for such

belief, and

(b)(1) that each State's Attorney with jurisdiction

over an offense or offenses to be investigated has

consented to the impaneling of the Statewide Grand Jury,

or

(2) if one or more of the State's Attorneys having

jurisdiction over an offense or offenses to be

investigated fails to consent to the impaneling of the

Statewide Grand Jury, the Attorney General shall set forth

good cause for impaneling the Statewide Grand Jury.

If the Circuit Judge determines that the convening of a

Statewide Grand Jury is necessary, he or she shall convene and

impanel the Statewide Grand Jury with jurisdiction extending

throughout the State to investigate and return indictments:

(a) For violations of any of the following or for any

other criminal offense committed in the course of

violating any of the following: Article 29D of the

Criminal Code of 1961 or the Criminal Code of 2012, the

Illinois Controlled Substances Act, the Cannabis Control

Act, the Methamphetamine Control and Community Protection

Act, or the Narcotics Profit Forfeiture Act; a streetgang

related felony offense; Section 16-25.1, 24-2.1, 24-2.2,

24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or

subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),

24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code

of 1961 or the Criminal Code of 2012; or a money laundering

offense; provided that the violation or offense involves

acts occurring in more than one county of this State; and

(a-5) For violations facilitated by the use of a

computer, including the use of the Internet, the World

Wide Web, electronic mail, message board, newsgroup, or

any other commercial or noncommercial on-line service, of

any of the following offenses: indecent solicitation of a

child, sexual exploitation of a child, soliciting for a

juvenile prostitute, keeping a place of juvenile

prostitution, juvenile pimping, child pornography,

aggravated child pornography, or promoting juvenile

prostitution except as described in subdivision (a)(4) of

Section 11-14.4 of the Criminal Code of 1961 or the

Criminal Code of 2012; and

(b) For the offenses of perjury, subornation of

perjury, communicating with jurors and witnesses, and

harassment of jurors and witnesses, as they relate to

matters before the Statewide Grand Jury.

"Streetgang related" has the meaning ascribed to it in

Section 10 of the Illinois Streetgang Terrorism Omnibus

Prevention Act.

Upon written application by the Attorney General for the

convening of an additional Statewide Grand Jury, the Chief

Justice of the Supreme Court shall appoint a Circuit Judge

from the circuit for which the additional Statewide Grand Jury

is sought. The Circuit Judge shall determine the necessity for

an additional Statewide Grand Jury in accordance with the

provisions of this Section. No more than 2 Statewide Grand

Juries may be empaneled at any time.

(Source: P.A. 101-593, eff. 12-4-19.)

(725 ILCS 215/4) (from Ch. 38, par. 1704)

Sec. 4. (a) The presiding judge of the Statewide Grand

Jury will receive recommendations from the Attorney General as

to the county in which the Grand Jury will sit. Prior to making

the recommendations, the Attorney General shall obtain the

permission of the local State's Attorney to use his or her

county for the site of the Statewide Grand Jury. Upon

receiving the Attorney General's recommendations, the

presiding judge will choose one of those recommended locations

as the site where the Grand Jury shall sit.

Any indictment by a Statewide Grand Jury shall be returned

to the Circuit Judge presiding over the Statewide Grand Jury

and shall include a finding as to the county or counties in

which the alleged offense was committed. Thereupon, the judge

shall, by order, designate the county of venue for the purpose

of trial. The judge may also, by order, direct the

consolidation of an indictment returned by a county grand jury

with an indictment returned by the Statewide Grand Jury and

set venue for trial.

(b) Venue for purposes of trial for the offense of

narcotics racketeering shall be proper in any county where:

(1) Cannabis or a controlled substance which is the

basis for the charge of narcotics racketeering was used;

acquired; transferred or distributed to, from or through;

or any county where any act was performed to further the

use; acquisition, transfer or distribution of said

cannabis or controlled substance; or

(2) Any money, property, property interest, or any

other asset generated by narcotics activities was

acquired, used, sold, transferred or distributed to, from

or through; or,

(3) Any enterprise interest obtained as a result of

narcotics racketeering was acquired, used, transferred or

distributed to, from or through, or where any activity was

conducted by the enterprise or any conduct to further the

interests of such an enterprise.

(c) Venue for purposes of trial for the offense of money

laundering shall be proper in any county where any part of a

financial transaction in criminally derived property took

place, or in any county where any money or monetary interest

which is the basis for the offense, was acquired, used, sold,

transferred or distributed to, from, or through.

(d) A person who commits the offense of cannabis

trafficking or controlled substance trafficking may be tried

in any county.

(e) Venue for purposes of trial for any violation of

Article 29D of the Criminal Code of 1961 or the Criminal Code

of 2012 may be in the county in which an act of terrorism

occurs, the county in which material support or resources are

provided or solicited, the county in which criminal assistance

is rendered, or any county in which any act in furtherance of

any violation of Article 29D of the Criminal Code of 1961 or

the Criminal Code of 2012 occurs.

(f) Venue for purposes of trial for the offense of

organized retail crime shall be proper in any county where:

(1) any property, property interest, asset, money, or

thing of value that is the basis for the charge of

organized retail crime was used, acquired, transferred, or

distributed to, from, or through; or any county where any

act was performed to further the use, acquisition,

transfer, or distribution of the property, property

interest, asset, money, or thing or value; or

(2) any enterprise interest obtained as a result of

organized retail crime was acquired, used, transferred, or

distributed to, from, or through, or where any activity

was conducted by the enterprise or any conduct to further

the interests of such an enterprise.

(Source: P.A. 97-1150, eff. 1-25-13.)

Article 99.