State of Illinois
2013 and 2014


Introduced 2/14/2014, by Sen. Toi W. Hutchinson


New Act

    Creates the Smart Phone Kill Switch Act. Requires any smart phone that is manufactured after the effective date of the Act and is sold or purchased at retail in this State to be equipped with the capability to render that smart phone completely inoperable if the phone is lost or stolen. Prohibits wireless telephone service providers and wireless telephone equipment manufacturers from charging any additional fee for a smart phone that has the capability of rendering the smart phone completely inoperable if it is lost or stolen. Provides a definition of "smart phone". Requires a wireless telephone service provider to insure a smart phone against theft if the wireless telephone service provider provides service to a smart phone that does not have the capability of rendering the phone completely inoperable.

LRB098 19572 RPS 54762 b






SB3539LRB098 19572 RPS 54762 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Smart
5Phone Kill Switch Act.
6    Section 5. Definitions. As used in this Act:
7    "Kill switch" means a functionality that can render a smart
8phone completely inoperable in the event of theft or loss.
9    "Smart phone" means a cellular phone that is built on a
10mobile operating system and possesses advanced computing
11capability. Features a smart phone may possess include, but are
12not limited to, built-in applications, Internet access,
13digital voice service, text messaging, e-mail, and Internet
15    "SIM card" means a card or other similar media that is
16inserted into a smart phone and used to store data.
17    "Wireless telephone equipment manufacturer" means any
18entity that manufactures cellular phones, including smart
20    "Wireless telephone service provider" includes a wireless
21telephone service provider and its dealers, distributors, and



SB3539- 2 -LRB098 19572 RPS 54762 b

1    Section 10. Smart phone kill switch required.
2    (a) Any smart phone that is manufactured after the
3effective date of this Act of the 98th General Assembly and is
4sold or purchased at retail in this State shall be equipped
5with a kill switch.
6    (b) To comply with the requirements of subsection (a) of
7this Section, a kill switch must: (1) permanently remove all
8saved data on the device; (2) render the smart phone completely
9inoperable on any wireless telephone service provider's
10network, including a wireless telephone service provider's
11global network; (3) prevent the smart phone from being
12reactivated or reprogrammed without a password or other similar
13authorization; (4) disable the device even if it is turned off
14or the SIM card or other data storage medium is removed; and
15(5) be reversible if the device is recovered by its owner.
16    (c) Wireless telephone service providers and wireless
17telephone equipment manufacturers shall ensure smart phones
18sold in this State meet the requirements of this Section.
19    Section 15. Additional fees prohibited. Wireless
20telephone service providers and wireless telephone equipment
21manufacturers are prohibited from assessing any additional
22fee, surcharge, tariff, or other charge to consumers for a kill
23switch in a smart phone.
24    Section 20. Theft insurance.



SB3539- 3 -LRB098 19572 RPS 54762 b

1    (a) A wireless telephone service provider that provides
2service to a smart phone that was sold or provided to a
3consumer in violation of this Act must insure that smart phone
4against theft at no cost to the consumer.
5    (b) The theft insurance required by subsection (a) of this
6Section shall be in the form, amount, and duration determined
7by the Illinois Commerce Commission by rule.