Illinois General Assembly - Bill Status for SB0066

Creates the Smart Phone Theft Protection Act. Requires wireless communications device dealers to maintain a written record of every purchase or acquisition of a used wireless communications device for resale. Sets forth information that must be included in the written record. Provides that a law enforcement agency that has probable cause to believe a device has been stolen or is evidence of a crime may place an investigative hold on or confiscate the device. Requires the installation of video security cameras at a dealer's physical location. Provides that a violation of the Act is a Class B misdemeanor. Provides exemption from the application of the Act, including dealers who acquire devices for trade-in, or repair and refurbishment programs.

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Adds definition for "appropriate law enforcement official". Makes changes in the definitions of "trade-in program" and "wireless communications device". Provides a wireless communications device dealer covered by the required recordkeeping provisions may maintain the records in an electronic form approved by the appropriate law enforcement official. Requires a law enforcement administrative hold on a wireless communications device to continue for 120 days (rather than 30 days) from date of initial notification, until cancelled or renewed, or notice to confiscate or release, whichever comes first. Requires a video recording of each seller of a wireless communications device at a dealer location to be retained for a minimum of 120 days (rather than 30 days). Changes the penalty for violation of the Act from a Class B misdemeanor to a business offense with a fine of more than $500 but not more than $1,000. Replaces provisions concerning the application of the Smart Phone Theft Protection Act to provide that the Act does not apply with respect to a wireless communications device returned pursuant to the return policies of the wireless communications device dealer, wireless telephone service provider, manufacturer, or retailer from whom it was originally purchased, to a wireless telephone service provider who acquires wireless communications devices as part of a trade-in or a repair and refurbishment program, to a manufacturer who acquires wireless communications devices as part of a trade-in program, or to wireless communications device dealers regulated under the Pawnbroker Regulation Act. Provides the Smart Phone Theft Protection Act does not alter or affect a dealer's separate obligations under the Resale Dealers Act, if applicable, except that any violation under the Smart Phone Theft Protection Act, by a person covered by the Resale Dealers Act, which has the same or similar elements as a violation under the Resale Dealers Act shall be punished as provided under the Resale Dealers Act.

Provides the Act does not apply to a retailer who has 25 or more locations in this State who acquires wireless communications devices as part of a trade-in or repair and refurbishment program or to an entity that complies with the requirements of the Resale Dealers Act and purchases used wireless communications devices for the purpose of recycling and refurbishment.

Replaces everything after the enacting clause. Amends the Resale Dealers Act. Includes any individual or entity engaged in the business of buying and selling used wireless communications devices in the definition of "resale dealer". Excludes from the definition of "resale dealer" wireless telephone service providers or retailers who have 25 or more locations in the State who acquire wireless communications devices as part of a trade-in or a repair and refurbishment program and businesses engaged in the manufacture of wireless communications devices who acquire devices as part of a trade-in program. Defines "repair and refurbishment program", "trade-in program", "wireless communications device", and "wireless telephone service provider".

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