103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2847

 

Introduced 1/19/2024, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-0.5
720 ILCS 5/17-2  from Ch. 38, par. 17-2

    Amends the Criminal Code of 2012. Provides that certain forms of false personation may be accomplished by artificial intelligence. Defines "artificial intelligence".


LRB103 37483 RLC 67606 b

 

 

A BILL FOR

 

SB2847LRB103 37483 RLC 67606 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 17-0.5 and 17-2 as follows:
 
6    (720 ILCS 5/17-0.5)
7    Sec. 17-0.5. Definitions. In this Article:
8    "Altered credit card or debit card" means any instrument
9or device, whether known as a credit card or debit card, which
10has been changed in any respect by addition or deletion of any
11material, except for the signature by the person to whom the
12card is issued.
13    "Artificial intelligence" means a machine-based system
14that can, for a given set of human-defined objectives, make
15predictions, recommendations, or decisions influencing real or
16virtual environments, and that uses machine and human-based
17inputs to do all of the following:
18        (1) perceive real and virtual environments;
19        (2) abstract such perceptions into models through
20    analysis in an automated manner; and
21        (3) use model inference to formulate options for
22    information or action.
23    "Cardholder" means the person or organization named on the

 

 

SB2847- 2 -LRB103 37483 RLC 67606 b

1face of a credit card or debit card to whom or for whose
2benefit the credit card or debit card is issued by an issuer.
3    "Computer" means a device that accepts, processes, stores,
4retrieves, or outputs data and includes, but is not limited
5to, auxiliary storage, including cloud-based networks of
6remote services hosted on the Internet, and telecommunications
7devices connected to computers.
8    "Computer network" means a set of related, remotely
9connected devices and any communications facilities including
10more than one computer with the capability to transmit data
11between them through the communications facilities.
12    "Computer program" or "program" means a series of coded
13instructions or statements in a form acceptable to a computer
14which causes the computer to process data and supply the
15results of the data processing.
16    "Computer services" means computer time or services,
17including data processing services, Internet services,
18electronic mail services, electronic message services, or
19information or data stored in connection therewith.
20    "Counterfeit" means to manufacture, produce or create, by
21any means, a credit card or debit card without the purported
22issuer's consent or authorization.
23    "Credit card" means any instrument or device, whether
24known as a credit card, credit plate, charge plate or any other
25name, issued with or without fee by an issuer for the use of
26the cardholder in obtaining money, goods, services or anything

 

 

SB2847- 3 -LRB103 37483 RLC 67606 b

1else of value on credit or in consideration or an undertaking
2or guaranty by the issuer of the payment of a check drawn by
3the cardholder.
4    "Data" means a representation in any form of information,
5knowledge, facts, concepts, or instructions, including program
6documentation, which is prepared or has been prepared in a
7formalized manner and is stored or processed in or transmitted
8by a computer or in a system or network. Data is considered
9property and may be in any form, including, but not limited to,
10printouts, magnetic or optical storage media, punch cards, or
11data stored internally in the memory of the computer.
12    "Debit card" means any instrument or device, known by any
13name, issued with or without fee by an issuer for the use of
14the cardholder in obtaining money, goods, services, and
15anything else of value, payment of which is made against funds
16previously deposited by the cardholder. A debit card which
17also can be used to obtain money, goods, services and anything
18else of value on credit shall not be considered a debit card
19when it is being used to obtain money, goods, services or
20anything else of value on credit.
21    "Document" includes, but is not limited to, any document,
22representation, or image produced manually, electronically, or
23by computer.
24    "Electronic fund transfer terminal" means any machine or
25device that, when properly activated, will perform any of the
26following services:

 

 

SB2847- 4 -LRB103 37483 RLC 67606 b

1        (1) Dispense money as a debit to the cardholder's
2    account; or
3        (2) Print the cardholder's account balances on a
4    statement; or
5        (3) Transfer funds between a cardholder's accounts; or
6        (4) Accept payments on a cardholder's loan; or
7        (5) Dispense cash advances on an open end credit or a
8    revolving charge agreement; or
9        (6) Accept deposits to a customer's account; or
10        (7) Receive inquiries of verification of checks and
11    dispense information that verifies that funds are
12    available to cover such checks; or
13        (8) Cause money to be transferred electronically from
14    a cardholder's account to an account held by any business,
15    firm, retail merchant, corporation, or any other
16    organization.
17    "Electronic funds transfer system", hereafter referred to
18as "EFT System", means that system whereby funds are
19transferred electronically from a cardholder's account to any
20other account.
21    "Electronic mail service provider" means any person who
22(i) is an intermediary in sending or receiving electronic mail
23and (ii) provides to end-users of electronic mail services the
24ability to send or receive electronic mail.
25    "Expired credit card or debit card" means a credit card or
26debit card which is no longer valid because the term on it has

 

 

SB2847- 5 -LRB103 37483 RLC 67606 b

1elapsed.
2    "False academic degree" means a certificate, diploma,
3transcript, or other document purporting to be issued by an
4institution of higher learning or purporting to indicate that
5a person has completed an organized academic program of study
6at an institution of higher learning when the person has not
7completed the organized academic program of study indicated on
8the certificate, diploma, transcript, or other document.
9    "False claim" means any statement made to any insurer,
10purported insurer, servicing corporation, insurance broker, or
11insurance agent, or any agent or employee of one of those
12entities, and made as part of, or in support of, a claim for
13payment or other benefit under a policy of insurance, or as
14part of, or in support of, an application for the issuance of,
15or the rating of, any insurance policy, when the statement
16does any of the following:
17        (1) Contains any false, incomplete, or misleading
18    information concerning any fact or thing material to the
19    claim.
20        (2) Conceals (i) the occurrence of an event that is
21    material to any person's initial or continued right or
22    entitlement to any insurance benefit or payment or (ii)
23    the amount of any benefit or payment to which the person is
24    entitled.
25    "Financial institution" means any bank, savings and loan
26association, credit union, or other depository of money or

 

 

SB2847- 6 -LRB103 37483 RLC 67606 b

1medium of savings and collective investment.
2    "Governmental entity" means: each officer, board,
3commission, and agency created by the Constitution, whether in
4the executive, legislative, or judicial branch of State
5government; each officer, department, board, commission,
6agency, institution, authority, university, and body politic
7and corporate of the State; each administrative unit or
8corporate outgrowth of State government that is created by or
9pursuant to statute, including units of local government and
10their officers, school districts, and boards of election
11commissioners; and each administrative unit or corporate
12outgrowth of the foregoing items and as may be created by
13executive order of the Governor.
14    "Incomplete credit card or debit card" means a credit card
15or debit card which is missing part of the matter other than
16the signature of the cardholder which an issuer requires to
17appear on the credit card or debit card before it can be used
18by a cardholder, and this includes credit cards or debit cards
19which have not been stamped, embossed, imprinted or written
20on.
21    "Institution of higher learning" means a public or private
22college, university, or community college located in the State
23of Illinois that is authorized by the Board of Higher
24Education or the Illinois Community College Board to issue
25post-secondary degrees, or a public or private college,
26university, or community college located anywhere in the

 

 

SB2847- 7 -LRB103 37483 RLC 67606 b

1United States that is or has been legally constituted to offer
2degrees and instruction in its state of origin or
3incorporation.
4    "Insurance company" means "company" as defined under
5Section 2 of the Illinois Insurance Code.
6    "Issuer" means the business organization or financial
7institution which issues a credit card or debit card, or its
8duly authorized agent.
9    "Merchant" has the meaning ascribed to it in Section
1016-0.1 of this Code.
11    "Person" means any individual, corporation, government,
12governmental subdivision or agency, business trust, estate,
13trust, partnership or association or any other entity.
14    "Receives" or "receiving" means acquiring possession or
15control.
16    "Record of charge form" means any document submitted or
17intended to be submitted to an issuer as evidence of a credit
18transaction for which the issuer has agreed to reimburse
19persons providing money, goods, property, services or other
20things of value.
21    "Revoked credit card or debit card" means a credit card or
22debit card which is no longer valid because permission to use
23it has been suspended or terminated by the issuer.
24    "Sale" means any delivery for value.
25    "Scheme or artifice to defraud" includes a scheme or
26artifice to deprive another of the intangible right to honest

 

 

SB2847- 8 -LRB103 37483 RLC 67606 b

1services.
2    "Self-insured entity" means any person, business,
3partnership, corporation, or organization that sets aside
4funds to meet his, her, or its losses or to absorb fluctuations
5in the amount of loss, the losses being charged against the
6funds set aside or accumulated.
7    "Social networking website" means an Internet website
8containing profile web pages of the members of the website
9that include the names or nicknames of such members,
10photographs placed on the profile web pages by such members,
11or any other personal or personally identifying information
12about such members and links to other profile web pages on
13social networking websites of friends or associates of such
14members that can be accessed by other members or visitors to
15the website. A social networking website provides members of
16or visitors to such website the ability to leave messages or
17comments on the profile web page that are visible to all or
18some visitors to the profile web page and may also include a
19form of electronic mail for members of the social networking
20website.
21    "Statement" means any assertion, oral, written, or
22otherwise, and includes, but is not limited to: any notice,
23letter, or memorandum; proof of loss; bill of lading; receipt
24for payment; invoice, account, or other financial statement;
25estimate of property damage; bill for services; diagnosis or
26prognosis; prescription; hospital, medical, or dental chart or

 

 

SB2847- 9 -LRB103 37483 RLC 67606 b

1other record, x-ray, photograph, videotape, or movie film;
2test result; other evidence of loss, injury, or expense;
3computer-generated document; and data in any form.
4    "Universal Price Code Label" means a unique symbol that
5consists of a machine-readable code and human-readable
6numbers.
7    "With intent to defraud" means to act knowingly, and with
8the specific intent to deceive or cheat, for the purpose of
9causing financial loss to another or bringing some financial
10gain to oneself, regardless of whether any person was actually
11defrauded or deceived. This includes an intent to cause
12another to assume, create, transfer, alter, or terminate any
13right, obligation, or power with reference to any person or
14property.
15(Source: P.A. 101-87, eff. 1-1-20.)
 
16    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
17    Sec. 17-2. False personation; solicitation.
18    (a) False personation; solicitation.
19        (1) A person commits a false personation when he or
20    she knowingly and falsely represents himself or herself to
21    be a member or representative of any veterans' or public
22    safety personnel organization or a representative of any
23    charitable organization, or when he or she knowingly
24    exhibits or uses in any manner any decal, badge or
25    insignia of any charitable, public safety personnel, or

 

 

SB2847- 10 -LRB103 37483 RLC 67606 b

1    veterans' organization when not authorized to do so by the
2    charitable, public safety personnel, or veterans'
3    organization. "Public safety personnel organization" has
4    the meaning ascribed to that term in Section 1 of the
5    Solicitation for Charity Act.
6        (2) A person commits a false personation when he or
7    she knowingly and falsely represents himself or herself to
8    be a veteran in seeking employment or public office. In
9    this paragraph, "veteran" means a person who has served in
10    the Armed Services or Reserve Forces of the United States.
11        (2.1) A person commits a false personation when he or
12    she knowingly and falsely represents himself or herself to
13    be:
14            (A) an active-duty member of the Armed Services or
15        Reserve Forces of the United States or the National
16        Guard or a veteran of the Armed Services or Reserve
17        Forces of the United States or the National Guard; and
18            (B) obtains money, property, or another tangible
19        benefit through that false representation.
20        In this paragraph, "member of the Armed Services or
21    Reserve Forces of the United States" means a member of the
22    United States Navy, Army, Air Force, Marine Corps, or
23    Coast Guard; and "veteran" means a person who has served
24    in the Armed Services or Reserve Forces of the United
25    States or the National Guard.
26        (2.5) A person commits a false personation when he or

 

 

SB2847- 11 -LRB103 37483 RLC 67606 b

1    she knowingly and falsely represents himself or herself to
2    be:
3            (A) another actual person and does an act in such
4        assumed character with intent to intimidate, threaten,
5        injure, defraud, or to obtain a benefit from another;
6        or
7            (B) a representative of an actual person or
8        organization and does an act in such false capacity
9        with intent to obtain a benefit or to injure or defraud
10        another.
11        (3) No person shall knowingly use the words "Police",
12    "Police Department", "Patrolman", "Sergeant",
13    "Lieutenant", "Peace Officer", "Sheriff's Police",
14    "Sheriff", "Officer", "Law Enforcement", "Trooper",
15    "Deputy", "Deputy Sheriff", "State Police", or any other
16    words to the same effect (i) in the title of any
17    organization, magazine, or other publication without the
18    express approval of the named public safety personnel
19    organization's governing board or (ii) in combination with
20    the name of any state, state agency, public university, or
21    unit of local government without the express written
22    authorization of that state, state agency, public
23    university, or unit of local government.
24        (4) No person may knowingly claim or represent that he
25    or she is acting on behalf of any public safety personnel
26    organization when soliciting financial contributions or

 

 

SB2847- 12 -LRB103 37483 RLC 67606 b

1    selling or delivering or offering to sell or deliver any
2    merchandise, goods, services, memberships, or
3    advertisements unless the chief of the police department,
4    fire department, and the corporate or municipal authority
5    thereof, or the sheriff has first entered into a written
6    agreement with the person or with an organization with
7    which the person is affiliated and the agreement permits
8    the activity and specifies and states clearly and fully
9    the purpose for which the proceeds of the solicitation,
10    contribution, or sale will be used.
11        (5) No person, when soliciting financial contributions
12    or selling or delivering or offering to sell or deliver
13    any merchandise, goods, services, memberships, or
14    advertisements may claim or represent that he or she is
15    representing or acting on behalf of any nongovernmental
16    organization by any name which includes "officer", "peace
17    officer", "police", "law enforcement", "trooper",
18    "sheriff", "deputy", "deputy sheriff", "State police", or
19    any other word or words which would reasonably be
20    understood to imply that the organization is composed of
21    law enforcement personnel unless:
22            (A) the person is actually representing or acting
23        on behalf of the nongovernmental organization;
24            (B) the nongovernmental organization is controlled
25        by and governed by a membership of and represents a
26        group or association of active duty peace officers,

 

 

SB2847- 13 -LRB103 37483 RLC 67606 b

1        retired peace officers, or injured peace officers; and
2            (C) before commencing the solicitation or the sale
3        or the offers to sell any merchandise, goods,
4        services, memberships, or advertisements, a written
5        contract between the soliciting or selling person and
6        the nongovernmental organization, which specifies and
7        states clearly and fully the purposes for which the
8        proceeds of the solicitation, contribution, or sale
9        will be used, has been entered into.
10        (6) No person, when soliciting financial contributions
11    or selling or delivering or offering to sell or deliver
12    any merchandise, goods, services, memberships, or
13    advertisements, may knowingly claim or represent that he
14    or she is representing or acting on behalf of any
15    nongovernmental organization by any name which includes
16    the term "fireman", "fire fighter", "paramedic", or any
17    other word or words which would reasonably be understood
18    to imply that the organization is composed of fire fighter
19    or paramedic personnel unless:
20            (A) the person is actually representing or acting
21        on behalf of the nongovernmental organization;
22            (B) the nongovernmental organization is controlled
23        by and governed by a membership of and represents a
24        group or association of active duty, retired, or
25        injured fire fighters (for the purposes of this
26        Section, "fire fighter" has the meaning ascribed to

 

 

SB2847- 14 -LRB103 37483 RLC 67606 b

1        that term in Section 2 of the Illinois Fire Protection
2        Training Act) or active duty, retired, or injured
3        emergency medical technicians - ambulance, emergency
4        medical technicians - intermediate, emergency medical
5        technicians - paramedic, ambulance drivers, or other
6        medical assistance or first aid personnel; and
7            (C) before commencing the solicitation or the sale
8        or delivery or the offers to sell or deliver any
9        merchandise, goods, services, memberships, or
10        advertisements, the soliciting or selling person and
11        the nongovernmental organization have entered into a
12        written contract that specifies and states clearly and
13        fully the purposes for which the proceeds of the
14        solicitation, contribution, or sale will be used.
15        (7) No person may knowingly claim or represent that he
16    or she is an airman, airline employee, airport employee,
17    or contractor at an airport in order to obtain the
18    uniform, identification card, license, or other
19    identification paraphernalia of an airman, airline
20    employee, airport employee, or contractor at an airport.
21        (8) No person, firm, copartnership, or corporation
22    (except corporations organized and doing business under
23    the Pawners Societies Act) shall knowingly use a name that
24    contains in it the words "Pawners' Society".
25    (b) False personation; public officials and employees. A
26person commits a false personation if he or she knowingly and

 

 

SB2847- 15 -LRB103 37483 RLC 67606 b

1falsely represents himself or herself to be any of the
2following:
3        (1) An attorney authorized to practice law for
4    purposes of compensation or consideration. This paragraph
5    (b)(1) does not apply to a person who unintentionally
6    fails to pay attorney registration fees established by
7    Supreme Court Rule.
8        (2) A public officer or a public employee or an
9    official or employee of the federal government.
10        (2.3) A public officer, a public employee, or an
11    official or employee of the federal government, and the
12    false representation is made in furtherance of the
13    commission of felony.
14        (2.7) A public officer or a public employee, and the
15    false representation is for the purpose of effectuating
16    identity theft as defined in Section 16-30 of this Code.
17        (3) A peace officer.
18        (4) A peace officer while carrying a deadly weapon.
19        (5) A peace officer in attempting or committing a
20    felony.
21        (6) A peace officer in attempting or committing a
22    forcible felony.
23        (7) The parent, legal guardian, or other relation of a
24    minor child to any public official, public employee, or
25    elementary or secondary school employee or administrator.
26        (7.5) The legal guardian, including any representative

 

 

SB2847- 16 -LRB103 37483 RLC 67606 b

1    of a State or public guardian, of a person with a
2    disability appointed under Article XIa of the Probate Act
3    of 1975.
4        (8) A fire fighter.
5        (9) A fire fighter while carrying a deadly weapon.
6        (10) A fire fighter in attempting or committing a
7    felony.
8        (11) An emergency management worker of any
9    jurisdiction in this State.
10        (12) An emergency management worker of any
11    jurisdiction in this State in attempting or committing a
12    felony. For the purposes of this subsection (b),
13    "emergency management worker" has the meaning provided
14    under Section 2-6.6 of this Code.
15    (b-5) The trier of fact may infer that a person falsely
16represents himself or herself to be a public officer or a
17public employee or an official or employee of the federal
18government if the person:
19        (1) wears or displays without authority any uniform,
20    badge, insignia, or facsimile thereof by which a public
21    officer or public employee or official or employee of the
22    federal government is lawfully distinguished; or
23        (2) falsely expresses by word or action that he or she
24    is a public officer or public employee or official or
25    employee of the federal government and is acting with
26    approval or authority of a public agency or department.

 

 

SB2847- 17 -LRB103 37483 RLC 67606 b

1    (c) Fraudulent advertisement of a corporate name.
2        (1) A company, association, or individual commits
3    fraudulent advertisement of a corporate name if he, she,
4    or it, not being incorporated, puts forth a sign or
5    advertisement and assumes, for the purpose of soliciting
6    business, a corporate name.
7        (2) Nothing contained in this subsection (c) prohibits
8    a corporation, company, association, or person from using
9    a divisional designation or trade name in conjunction with
10    its corporate name or assumed name under Section 4.05 of
11    the Business Corporation Act of 1983 or, if it is a member
12    of a partnership or joint venture, from doing partnership
13    or joint venture business under the partnership or joint
14    venture name. The name under which the joint venture or
15    partnership does business may differ from the names of the
16    members. Business may not be conducted or transacted under
17    that joint venture or partnership name, however, unless
18    all provisions of the Assumed Business Name Act have been
19    complied with. Nothing in this subsection (c) permits a
20    foreign corporation to do business in this State without
21    complying with all Illinois laws regulating the doing of
22    business by foreign corporations. No foreign corporation
23    may conduct or transact business in this State as a member
24    of a partnership or joint venture that violates any
25    Illinois law regulating or pertaining to the doing of
26    business by foreign corporations in Illinois.

 

 

SB2847- 18 -LRB103 37483 RLC 67606 b

1        (3) The provisions of this subsection (c) do not apply
2    to limited partnerships formed under the Revised Uniform
3    Limited Partnership Act or under the Uniform Limited
4    Partnership Act (2001).
5    (d) False law enforcement badges.
6        (1) A person commits false law enforcement badges if
7    he or she knowingly produces, sells, or distributes a law
8    enforcement badge without the express written consent of
9    the law enforcement agency represented on the badge or, in
10    case of a reorganized or defunct law enforcement agency,
11    its successor law enforcement agency.
12        (2) It is a defense to false law enforcement badges
13    that the law enforcement badge is used or is intended to be
14    used exclusively: (i) as a memento or in a collection or
15    exhibit; (ii) for decorative purposes; or (iii) for a
16    dramatic presentation, such as a theatrical, film, or
17    television production.
18    (e) False medals.
19        (1) A person commits a false personation if he or she
20    knowingly and falsely represents himself or herself to be
21    a recipient of, or wears on his or her person, any of the
22    following medals if that medal was not awarded to that
23    person by the United States Government, irrespective of
24    branch of service: The Congressional Medal of Honor, The
25    Distinguished Service Cross, The Navy Cross, The Air Force
26    Cross, The Silver Star, The Bronze Star, or the Purple

 

 

SB2847- 19 -LRB103 37483 RLC 67606 b

1    Heart.
2        (2) It is a defense to a prosecution under paragraph
3    (e)(1) that the medal is used, or is intended to be used,
4    exclusively:
5            (A) for a dramatic presentation, such as a
6        theatrical, film, or television production, or a
7        historical re-enactment; or
8            (B) for a costume worn, or intended to be worn, by
9        a person under 18 years of age.
10    (f) Sentence.
11        (1) A violation of paragraph (a)(8) is a petty offense
12    subject to a fine of not less than $5 nor more than $100,
13    and the person, firm, copartnership, or corporation
14    commits an additional petty offense for each day he, she,
15    or it continues to commit the violation. A violation of
16    paragraph (c)(1) is a petty offense, and the company,
17    association, or person commits an additional petty offense
18    for each day he, she, or it continues to commit the
19    violation. A violation of paragraph (a)(2.1) or subsection
20    (e) is a petty offense for which the offender shall be
21    fined at least $100 and not more than $200.
22        (2) A violation of paragraph (a)(1), (a)(3), or
23    (b)(7.5) is a Class C misdemeanor.
24        (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
25    (b)(2), or (b)(7) or subsection (d) is a Class A
26    misdemeanor. A second or subsequent violation of

 

 

SB2847- 20 -LRB103 37483 RLC 67606 b

1    subsection (d) is a Class 3 felony.
2        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
3    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is
4    a Class 4 felony.
5        (5) A violation of paragraph (b)(4), (b)(9), or
6    (b)(12) is a Class 3 felony.
7        (6) A violation of paragraph (b)(5) or (b)(10) is a
8    Class 2 felony.
9        (7) A violation of paragraph (b)(6) is a Class 1
10    felony.
11    (g) A violation of subsection (a)(1) through (a)(7) or
12subsection (e) of this Section may be accomplished in person
13or by any means of communication, including but not limited to
14the use of an Internet website, artificial intelligence, or
15any form of electronic communication.
16(Source: P.A. 99-143, eff. 7-27-15; 99-561, eff. 7-15-16;
17100-201, eff. 8-18-17.)