[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0818
SB1577 Enrolled LRB9213660RCcd
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 17-25 as follows:
(720 ILCS 5/17-25 new)
Sec. 17-25. Use of scanning device or reencoder to
defraud.
(a) In this Section:
"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.
"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.
"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.
"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.
(b) It is unlawful for a person to use:
(1) a scanning device to access, read, obtain,
memorize, or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a
payment card without the permission of the authorized
user of the payment card and with the intent to defraud
the authorized user, the issuer of the authorized user's
payment card, or a merchant; or
(2) a reencoder to place information encoded on the
magnetic strip or stripe of a payment card onto the
magnetic strip or stripe of a different card without the
permission of the authorized user of the card from which
the information is being reencoded and with the intent to
defraud the authorized user, the issuer of the authorized
user's payment card, or a merchant.
(c) Sentence. A violation of this Section is a Class 4
felony. A second or subsequent violation of this Section is
a Class 3 felony.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly June 02, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
[ Top ]