Illinois General Assembly - Full Text of HB1091
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Full Text of HB1091  102nd General Assembly

HB1091sam001 102ND GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 3/28/2022

 

 


 

 


 
10200HB1091sam001LRB102 03105 RLC 38100 a

1
AMENDMENT TO HOUSE BILL 1091

2    AMENDMENT NO. ______. Amend House Bill 1091 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Illinois Integrity, Notification, and Fairness in Online
7Retail Marketplaces for Consumers (INFORM Consumers) Act.
8References in this Article to "this Act" mean this Article.
 
9    Section 1-5. Definitions. In this Act:
10    "Consumer product" means any tangible personal property
11that is distributed in commerce and that is normally used for
12personal, family, or household purposes (including any such
13property intended to be attached to or installed in any real
14property without regard to whether it is so attached or
15installed).

 

 

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1    "High-volume third-party seller" means a participant in an
2online marketplace who is a third-party seller and who, in any
3continuous 12-month period during the previous 24 months, has
4entered into 200 or more discrete sales or transactions of new
5or unused consumer products and has an aggregate total of
6$5,000 or more in gross revenue. For purposes of calculating
7the number of discrete sales or transactions or the aggregate
8gross revenues under subsection (a) of Section 1-10, an online
9marketplace shall only be required to count sales or
10transactions made through the online marketplace and for which
11payment was processed by the online marketplace, either
12directly or through its payment processor.
13    "Online marketplace" means any person or entity that:
14        (1) operates a consumer-directed electronically based
15    or accessed platform that includes features that allow
16    for, facilitate, or enable online third-party sellers to
17    engage in the sale, purchase, payment, storage, shipping,
18    or delivery of consumer products in this State;
19        (2) is used by one or more online third-party sellers
20    for such purposes; and
21        (3) has a contractual or similar relationship with
22    consumers governing their use of the platform to purchase
23    consumer product.
24    "Seller" means a person who sells, offers to sell, or
25contracts to sell consumer products through an online
26marketplace's platform.

 

 

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1    "Third-party seller" means any seller, independent of an
2online marketplace, who sells, offers to sell, or contracts to
3sell a consumer product in this State through an online
4marketplace. "Third-party seller" does not include, with
5respect to an online marketplace:
6        (1) a seller who operates the online marketplace's
7    platform; or
8        (2) a business entity that has:
9            (A) made available to the public the entity's
10        name, business address, and working contact
11        information;
12            (B) an ongoing contractual relationship with the
13        online marketplace to provide the online marketplace
14        with the manufacture, distribution, wholesaling, or
15        fulfillment of shipments of consumer products; and
16            (C) provided to the online marketplace identifying
17        information, as described in subsection (a) of Section
18        1-10, that has been verified in accordance with that
19        subsection.
20    "Verify" means to confirm information provided to an
21online marketplace, including, but not limited to, by the use
22of one or more methods that enable the online marketplace to
23reliably determine that any information and documents provided
24are valid, corresponding to the seller or an individual acting
25on the seller's behalf, not misappropriated, and not
26falsified.
 

 

 

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1    Section 1-10. Online marketplace verification.
2    (a) Online marketplaces shall require that any high-volume
3third-party seller on the online marketplace's platform
4provide the online marketplace with the following information
5no later than 10 days after qualifying as a high-volume
6third-party seller on the platform:
7        (1) A bank account number, or, if the high-volume
8    third-party seller does not have a bank account, the name
9    of the payee for payments issued by the online marketplace
10    to the high-volume third-party seller. The bank account or
11    payee information required may be provided by the seller
12    to the online marketplace or other third parties
13    contracted by the online marketplace to maintain the
14    information, so long as the online marketplace ensures
15    that it can obtain the information on demand from the
16    other third parties.
17        (2) The contact information for the high-volume
18    third-party seller. If the high-volume third-party seller
19    is an individual, the individual's name shall be provided.
20    If the high-volume third-party seller is not an
21    individual, a copy of a valid government-issued
22    identification for an individual acting on behalf of the
23    seller that includes the individual's name or a copy of a
24    valid government-issued record or tax document that
25    includes the business name and physical address of the

 

 

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1    seller shall be provided.
2        (3) A business tax identification number or, if the
3    high-volume third-party seller does not have a business
4    tax identification number, a taxpayer identification
5    number.
6        (4) A current working email address and phone number
7    for the high-volume third-party seller.
8    (b) An online marketplace shall periodically, but not less
9than annually, notify any high-volume third-party seller on
10the online marketplace's platform of the requirement to keep
11any information collected under subsection (a) current and
12require any high-volume third-party seller on the online
13marketplace's platform to, not later than 10 days after
14receiving the notice, electronically certify that:
15        (1) the high-volume third-party seller has provided
16    any changes to the information to the online marketplace,
17    if such changes have occurred;
18        (2) there have been no changes to the high-volume
19    third-party seller's information; or
20        (3) the high-volume third-party seller has provided
21    any changes to such information to the online marketplace.
22    (c) If a high-volume third-party seller does not provide
23the information or certification required under this Section,
24the online marketplace, after providing the seller with
25written or electronic notice and an opportunity to provide the
26information or certification not later than 10 days after the

 

 

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1issuance of the notice, shall suspend any future sales
2activity of the seller until the seller provides the
3information or certification.
4    (d) An online marketplace shall verify the information
5collected under subsection (a) no later than 10 days after the
6collection and shall verify any change to the information not
7later than 10 days after being notified of the change by a
8high-volume third-party seller under subsection (b). If a
9high-volume third-party seller provides a copy of a valid
10government-issued tax document, any information contained in
11the document shall be presumed to be verified as of the date of
12issuance of the document.
13    (e) An online marketplace shall require any high-volume
14third-party seller with an aggregate total of $20,000 or more
15in annual gross revenues on the online marketplace, and that
16uses the online marketplace's platform, to provide information
17to the online marketplace that includes the identity of the
18high-volume third-party seller, including:
19        (1) the full name of the seller or seller's company
20    name, or the name by which the seller or company operates
21    on the online marketplace;
22        (2) the physical address of the seller;
23        (3) the contact information of the seller including a
24    current working phone number; a current working email
25    address for the seller; or other means of direct
26    electronic messaging that may be provided to the

 

 

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1    high-volume third-party seller by the online marketplace
2    to allow for the direct, unhindered communication with
3    high-volume third-party sellers by users of the online
4    marketplace; and
5        (4) whether the high-volume third-party seller used a
6    different seller to supply consumer products to consumers
7    upon purchase, and, upon the request of a consumer, the
8    information described in paragraph (1) of this subsection
9    (e) relating to any such seller that supplied the consumer
10    product to the consumer, if the seller is different from
11    the high-volume third-party seller listed on the product
12    listing prior to purchase.
13    (f) An online marketplace shall provide to consumers the
14information in subsection (e) in a conspicuous manner: (i) in
15the order confirmation message or other document or
16communication made to a consumer after a purchase is
17finalized; and (ii) in the consumer's account transaction
18history.
19    (g) Upon the request of a high-volume third-party seller,
20an online marketplace may provide for partial disclosure of
21the identity information required under subsection (e) as
22follows:
23        (1) If the high-volume third-party seller certifies to
24    the online marketplace that the seller does not have a
25    business address and only has a residential street
26    address, or has a combined business and residential

 

 

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1    address, the online marketplace may disclose only the
2    country and, if applicable, the state in which the
3    high-volume third-party seller resides; and inform
4    consumers that there is no business address available for
5    the seller and that consumer inquiries should be submitted
6    to the seller by phone, email, or other means of
7    electronic messaging provided to the seller by the online
8    marketplace.
9        (2) If the high-volume third-party seller certifies to
10    the online marketplace that the seller is a business that
11    has a physical address for product returns, the online
12    marketplace may disclose the seller's physical address for
13    product returns.
14        (3) If a high-volume third-party seller certifies to
15    the online marketplace that the seller does not have a
16    phone number other than a personal phone number, the
17    online marketplace shall inform consumers that there is no
18    phone number available for the seller and that consumer
19    inquiries should be submitted to the seller's email
20    address or other means of electronic messaging provided to
21    the seller by the online marketplace.
22    (h) If an online marketplace becomes aware that a
23high-volume third-party seller has made a false representation
24to the online marketplace in order to justify the provision of
25a partial disclosure under subsection (g) or that a
26high-volume third-party seller who has requested and received

 

 

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1a provision for a partial disclosure under subsection (g) has
2not provided responsive answers within a reasonable time to
3consumer inquiries submitted to the seller by phone, email, or
4other means of electronic messaging provided to the seller by
5the online marketplace, the online marketplace shall, after
6providing the seller with written or electronic notice and an
7opportunity to respond not later than 10 days after the
8issuance of the notice, suspend any future sales activity of
9the seller unless the seller consents to the disclosure of the
10identity information required under subsection (e).
11    (i) If a high-volume third-party seller does not comply
12with the requirements to provide and disclose information
13under this Section, the online marketplace, after providing
14the seller with written or electronic notice and an
15opportunity to provide or disclose the information not later
16than 10 days after the issuance of the notice, shall suspend
17any future sales activity of the seller until the seller
18complies with the requirements.
19    (j) An online marketplace shall disclose to consumers in a
20clear and conspicuous manner on the product listing of any
21high-volume third-party seller a reporting mechanism that
22allows for electronic and telephonic reporting of suspicious
23marketplace activity to the online marketplace.
24    (k) Information collected solely to comply with the
25requirements of this Section may not be used for any other
26purpose unless required by law. An online marketplace shall

 

 

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1implement and maintain reasonable security procedures and
2practices, including administrative, physical, and technical
3safeguards, appropriate to the nature of the data and the
4purposes for which the data will be used, to protect the data
5collected under this Section from unauthorized use,
6disclosure, access, destruction, or modification.
7    (l) If the Attorney General has reason to believe that any
8person has violated this Act, the Attorney General may bring
9an action in the name of the People of the State against the
10person to restrain by preliminary or permanent injunction the
11use of such a method, act, or practice. The court, in its
12discretion, may exercise all powers necessary, including, but
13not limited to: injunction; revocation, forfeiture, or
14suspension of any license, charter, franchise, certificate, or
15other evidence of authority of any person to do business in
16this State; appointment of a receiver; dissolution of domestic
17corporations or associations or suspension or termination of
18the right of foreign corporations or associations to do
19business in this State; and restitution. In the administration
20of this Section, the Attorney General may accept an Assurance
21of Voluntary Compliance with respect to any method, act, or
22practice deemed to be violative of this Act from any person who
23has engaged in, is engaging in, or was about to engage in such
24a method, act, or practice. Evidence of a violation of an
25Assurance of Voluntary Compliance shall be prima facie
26evidence of a violation of this Act in any subsequent

 

 

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1proceeding brought by the Attorney General against the alleged
2violator. The Attorney General shall be empowered to issue
3subpoenas to or examine under oath any person alleged to have
4participated in or to have knowledge of the alleged method,
5act, or practice in violation of this Act. In addition to the
6remedies provided in the Act, the Attorney General may request
7and the court may impose a civil penalty in a sum not to exceed
8$50,000 per violation. Nothing in this Act creates or is
9intended to create a private right of action against any
10high-volume third-party seller, online marketplace seller, or
11third-party seller based upon compliance or noncompliance with
12its provisions.
13    (m) To the extent that a substantially similar federal law
14or regulation conflicts with this Act, the federal law or
15regulation controls.
 
16
Article 2.

 
17    Section 2-5. The Criminal Code of 2012 is amended by
18changing Sections 16-0.1, 17-37, 17-38, 33G-3, 33G-5, and
1933G-9 and by adding Sections 16-25.1 and 16-25.2 as follows:
 
20    (720 ILCS 5/16-0.1)
21    Sec. 16-0.1. Definitions. In this Article, unless the
22context clearly requires otherwise, the following terms are
23defined as indicated:

 

 

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1    "Access" means to use, instruct, communicate with, store
2data in, retrieve or intercept data from, or otherwise utilize
3any services of a computer.
4    "Coin-operated machine" includes any automatic vending
5machine or any part thereof, parking meter, coin telephone,
6coin-operated transit turnstile, transit fare box, coin
7laundry machine, coin dry cleaning machine, amusement machine,
8music machine, vending machine dispensing goods or services,
9or money changer.
10    "Communication device" means any type of instrument,
11device, machine, or equipment which is capable of
12transmitting, acquiring, decrypting, or receiving any
13telephonic, electronic, data, Internet access, audio, video,
14microwave, or radio transmissions, signals, communications, or
15services, including the receipt, acquisition, transmission, or
16decryption of all such communications, transmissions, signals,
17or services provided by or through any cable television, fiber
18optic, telephone, satellite, microwave, radio, Internet-based,
19data transmission, or wireless distribution network, system or
20facility; or any part, accessory, or component thereof,
21including any computer circuit, security module, smart card,
22software, computer chip, electronic mechanism or other
23component, accessory or part of any communication device which
24is capable of facilitating the transmission, decryption,
25acquisition or reception of all such communications,
26transmissions, signals, or services.

 

 

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1    "Communication service" means any service lawfully
2provided for a charge or compensation to facilitate the lawful
3origination, transmission, emission, or reception of signs,
4signals, data, writings, images, and sounds or intelligence of
5any nature by telephone, including cellular telephones or a
6wire, wireless, radio, electromagnetic, photo-electronic or
7photo-optical system; and also any service lawfully provided
8by any radio, telephone, cable television, fiber optic,
9satellite, microwave, Internet-based or wireless distribution
10network, system, facility or technology, including, but not
11limited to, any and all electronic, data, video, audio,
12Internet access, telephonic, microwave and radio
13communications, transmissions, signals and services, and any
14such communications, transmissions, signals and services
15lawfully provided directly or indirectly by or through any of
16those networks, systems, facilities or technologies.
17    "Communication service provider" means: (1) any person or
18entity providing any communication service, whether directly
19or indirectly, as a reseller, including, but not limited to, a
20cellular, paging or other wireless communications company or
21other person or entity which, for a fee, supplies the
22facility, cell site, mobile telephone switching office or
23other equipment or communication service; (2) any person or
24entity owning or operating any cable television, fiber optic,
25satellite, telephone, wireless, microwave, radio, data
26transmission or Internet-based distribution network, system or

 

 

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1facility; and (3) any person or entity providing any
2communication service directly or indirectly by or through any
3such distribution system, network or facility.
4    "Computer" means a device that accepts, processes, stores,
5retrieves or outputs data, and includes but is not limited to
6auxiliary storage and telecommunications devices connected to
7computers.
8    "Continuing course of conduct" means a series of acts, and
9the accompanying mental state necessary for the crime in
10question, irrespective of whether the series of acts are
11continuous or intermittent.
12    "Delivery container" means any bakery basket of wire or
13plastic used to transport or store bread or bakery products,
14any dairy case of wire or plastic used to transport or store
15dairy products, and any dolly or cart of 2 or 4 wheels used to
16transport or store any bakery or dairy product.
17    "Document-making implement" means any implement,
18impression, template, computer file, computer disc, electronic
19device, computer hardware, computer software, instrument, or
20device that is used to make a real or fictitious or fraudulent
21personal identification document.
22    "Financial transaction device" means any of the following:
23        (1) An electronic funds transfer card.
24        (2) A credit card.
25        (3) A debit card.
26        (4) A point-of-sale card.

 

 

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1        (5) Any instrument, device, card, plate, code, account
2    number, personal identification number, or a record or
3    copy of a code, account number, or personal identification
4    number or other means of access to a credit account or
5    deposit account, or a driver's license or State
6    identification card used to access a proprietary account,
7    other than access originated solely by a paper instrument,
8    that can be used alone or in conjunction with another
9    access device, for any of the following purposes:
10            (A) Obtaining money, cash refund or credit
11        account, credit, goods, services, or any other thing
12        of value.
13            (B) Certifying or guaranteeing to a person or
14        business the availability to the device holder of
15        funds on deposit to honor a draft or check payable to
16        the order of that person or business.
17            (C) Providing the device holder access to a
18        deposit account for the purpose of making deposits,
19        withdrawing funds, transferring funds between deposit
20        accounts, obtaining information pertaining to a
21        deposit account, or making an electronic funds
22        transfer.
23    "Full retail value" means the merchant's stated or
24advertised price of the merchandise. "Full retail value"
25includes the aggregate value of property obtained from retail
26thefts committed by the same person as part of a continuing

 

 

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1course of conduct from one or more mercantile establishments
2in a single transaction or in separate transactions over a
3period of one year.
4    "Internet" means an interactive computer service or system
5or an information service, system, or access software provider
6that provides or enables computer access by multiple users to
7a computer server, and includes, but is not limited to, an
8information service, system, or access software provider that
9provides access to a network system commonly known as the
10Internet, or any comparable system or service and also
11includes, but is not limited to, a World Wide Web page,
12newsgroup, message board, mailing list, or chat area on any
13interactive computer service or system or other online
14service.
15    "Library card" means a card or plate issued by a library
16facility for purposes of identifying the person to whom the
17library card was issued as authorized to borrow library
18material, subject to all limitations and conditions imposed on
19the borrowing by the library facility issuing such card.
20    "Library facility" includes any public library or museum,
21or any library or museum of an educational, historical or
22eleemosynary institution, organization or society.
23    "Library material" includes any book, plate, picture,
24photograph, engraving, painting, sculpture, statue, artifact,
25drawing, map, newspaper, pamphlet, broadside, magazine,
26manuscript, document, letter, microfilm, sound recording,

 

 

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1audiovisual material, magnetic or other tape, electronic data
2processing record or other documentary, written or printed
3material regardless of physical form or characteristics, or
4any part thereof, belonging to, or on loan to or otherwise in
5the custody of a library facility.
6    "Manufacture or assembly of an unlawful access device"
7means to make, produce or assemble an unlawful access device
8or to modify, alter, program or re-program any instrument,
9device, machine, equipment or software so that it is capable
10of defeating or circumventing any technology, device or
11software used by the provider, owner or licensee of a
12communication service or of any data, audio or video programs
13or transmissions to protect any such communication, data,
14audio or video services, programs or transmissions from
15unauthorized access, acquisition, disclosure, receipt,
16decryption, communication, transmission or re-transmission.
17    "Manufacture or assembly of an unlawful communication
18device" means to make, produce or assemble an unlawful
19communication or wireless device or to modify, alter, program
20or reprogram a communication or wireless device to be capable
21of acquiring, disrupting, receiving, transmitting, decrypting,
22or facilitating the acquisition, disruption, receipt,
23transmission or decryption of, a communication service without
24the express consent or express authorization of the
25communication service provider, or to knowingly assist others
26in those activities.

 

 

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1    "Master sound recording" means the original physical
2object on which a given set of sounds were first recorded and
3which the original object from which all subsequent sound
4recordings embodying the same set of sounds are directly or
5indirectly derived.
6    "Merchandise" means any item of tangible personal
7property, including motor fuel.
8    "Merchant" means an owner or operator of any retail
9mercantile establishment or any agent, employee, lessee,
10consignee, officer, director, franchisee, or independent
11contractor of the owner or operator. "Merchant" also means a
12person who receives from an authorized user of a payment card,
13or someone the person believes to be an authorized user, a
14payment card or information from a payment card, or what the
15person believes to be a payment card or information from a
16payment card, as the instrument for obtaining, purchasing or
17receiving goods, services, money, or anything else of value
18from the person.
19    "Motor fuel" means a liquid, regardless of its properties,
20used to propel a vehicle, including gasoline and diesel.
21    "Online" means the use of any electronic or wireless
22device to access the Internet.
23    "Online marketplace" means any person or entity that:
24        (1) operates a consumer-directed electronically based
25    or accessed platform that includes features that allow
26    for, facilitate, or enable online third-party sellers to

 

 

10200HB1091sam001- 19 -LRB102 03105 RLC 38100 a

1    engage in the sale, purchase, payment, storage, shipping,
2    or delivery of merchandise in this State and is used by one
3    or more online third-party sellers for such purposes; and
4        (2) has a contractual or similar relationship with
5    consumers governing their use of the platform to purchase
6    merchandise.
7    "Payment card" means a credit card, charge card, debit
8card, or any other card that is issued to an authorized card
9user and that allows the user to obtain, purchase, or receive
10goods, services, money, or anything else of value from a
11merchant.
12    "Person with a disability" means a person who suffers from
13a physical or mental impairment resulting from disease,
14injury, functional disorder or congenital condition that
15impairs the individual's mental or physical ability to
16independently manage his or her property or financial
17resources, or both.
18    "Personal identification document" means a birth
19certificate, a driver's license, a State identification card,
20a public, government, or private employment identification
21card, a social security card, a firearm owner's identification
22card, a credit card, a debit card, or a passport issued to or
23on behalf of a person other than the offender, or any document
24made or issued, or falsely purported to have been made or
25issued, by or under the authority of the United States
26Government, the State of Illinois, or any other state

 

 

10200HB1091sam001- 20 -LRB102 03105 RLC 38100 a

1political subdivision of any state, or any other governmental
2or quasi-governmental organization that is of a type intended
3for the purpose of identification of an individual, or any
4such document made or altered in a manner that it falsely
5purports to have been made on behalf of or issued to another
6person or by the authority of one who did not give that
7authority.
8    "Personal identifying information" means any of the
9following information:
10        (1) A person's name.
11        (2) A person's address.
12        (3) A person's date of birth.
13        (4) A person's telephone number.
14        (5) A person's driver's license number or State of
15    Illinois identification card as assigned by the Secretary
16    of State of the State of Illinois or a similar agency of
17    another state.
18        (6) A person's social security number.
19        (7) A person's public, private, or government
20    employer, place of employment, or employment
21    identification number.
22        (8) The maiden name of a person's mother.
23        (9) The number assigned to a person's depository
24    account, savings account, or brokerage account.
25        (10) The number assigned to a person's credit or debit
26    card, commonly known as a "Visa Card", "MasterCard",

 

 

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1    "American Express Card", "Discover Card", or other similar
2    cards whether issued by a financial institution,
3    corporation, or business entity.
4        (11) Personal identification numbers.
5        (12) Electronic identification numbers.
6        (13) Digital signals.
7        (14) User names, passwords, and any other word,
8    number, character or combination of the same usable in
9    whole or part to access information relating to a specific
10    individual, or to the actions taken, communications made
11    or received, or other activities or transactions of a
12    specific individual.
13        (15) Any other numbers or information which can be
14    used to access a person's financial resources, or to
15    identify a specific individual, or the actions taken,
16    communications made or received, or other activities or
17    transactions of a specific individual.
18    "Premises of a retail mercantile establishment" includes,
19but is not limited to, the retail mercantile establishment;
20any common use areas in shopping centers; and all parking
21areas set aside by a merchant or on behalf of a merchant for
22the parking of vehicles for the convenience of the patrons of
23such retail mercantile establishment.
24    "Public water, gas, or power supply, or other public
25services" mean any service subject to regulation by the
26Illinois Commerce Commission; any service furnished by a

 

 

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1public utility that is owned and operated by any political
2subdivision, public institution of higher education or
3municipal corporation of this State; any service furnished by
4any public utility that is owned by such political
5subdivision, public institution of higher education, or
6municipal corporation and operated by any of its lessees or
7operating agents; any service furnished by an electric
8cooperative as defined in Section 3.4 of the Electric Supplier
9Act; or wireless service or other service regulated by the
10Federal Communications Commission.
11    "Publish" means to communicate or disseminate information
12to any one or more persons, either orally, in person, or by
13telephone, radio or television or in writing of any kind,
14including, without limitation, a letter or memorandum,
15circular or handbill, newspaper or magazine article or book.
16    "Radio frequency identification device" means any
17implement, computer file, computer disc, electronic device,
18computer hardware, computer software, or instrument that is
19used to activate, read, receive, or decode information stored
20on a RFID tag or transponder attached to a personal
21identification document.
22    "RFID tag or transponder" means a chip or device that
23contains personal identifying information from which the
24personal identifying information can be read or decoded by
25another device emitting a radio frequency that activates or
26powers a radio frequency emission response from the chip or

 

 

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1transponder.
2    "Reencoder" means an electronic device that places encoded
3information from the magnetic strip or stripe of a payment
4card onto the magnetic strip or stripe of a different payment
5card.
6    "Retail mercantile establishment" means any place where
7merchandise is displayed, held, stored or offered for sale to
8the public.
9    "Scanning device" means a scanner, reader, or any other
10electronic device that is used to access, read, scan, obtain,
11memorize, or store, temporarily or permanently, information
12encoded on the magnetic strip or stripe of a payment card.
13    "Shopping cart" means those push carts of the type or
14types which are commonly provided by grocery stores, drug
15stores or other retail mercantile establishments for the use
16of the public in transporting commodities in stores and
17markets and, incidentally, from the stores to a place outside
18the store.
19    "Sound or audio visual recording" means any sound or audio
20visual phonograph record, disc, pre-recorded tape, film, wire,
21magnetic tape or other object, device or medium, now known or
22hereafter invented, by which sounds or images may be
23reproduced with or without the use of any additional machine,
24equipment or device.
25    "Stored value card" means any card, gift card, instrument,
26or device issued with or without fee for the use of the

 

 

10200HB1091sam001- 24 -LRB102 03105 RLC 38100 a

1cardholder to obtain money, goods, services, or anything else
2of value, including, but not limited to, debit cards issued
3for use as a stored value card or gift card, an account
4identification number or symbol used to identify a stored
5value card, or a prepaid card usable at multiple, unaffiliated
6merchants or at automated teller machines.
7    "Theft detection device remover" means any tool or device
8specifically designed and intended to be used to remove any
9theft detection device from any merchandise.
10    "Under-ring" means to cause the cash register or other
11sales recording device to reflect less than the full retail
12value of the merchandise.
13    "Unidentified sound or audio visual recording" means a
14sound or audio visual recording without the actual name and
15full and correct street address of the manufacturer, and the
16name of the actual performers or groups prominently and
17legibly printed on the outside cover or jacket and on the label
18of such sound or audio visual recording.
19    "Unlawful access device" means any type of instrument,
20device, machine, equipment, technology, or software which is
21primarily possessed, used, designed, assembled, manufactured,
22sold, distributed or offered, promoted or advertised for the
23purpose of defeating or circumventing any technology, device
24or software, or any component or part thereof, used by the
25provider, owner or licensee of any communication service or of
26any data, audio or video programs or transmissions to protect

 

 

10200HB1091sam001- 25 -LRB102 03105 RLC 38100 a

1any such communication, audio or video services, programs or
2transmissions from unauthorized access, acquisition, receipt,
3decryption, disclosure, communication, transmission or
4re-transmission.
5    "Unlawful communication device" means any electronic
6serial number, mobile identification number, personal
7identification number or any communication or wireless device
8that is capable of acquiring or facilitating the acquisition
9of a communication service without the express consent or
10express authorization of the communication service provider,
11or that has been altered, modified, programmed or
12reprogrammed, alone or in conjunction with another
13communication or wireless device or other equipment, to so
14acquire or facilitate the unauthorized acquisition of a
15communication service. "Unlawful communication device" also
16means:
17        (1) any phone altered to obtain service without the
18    express consent or express authorization of the
19    communication service provider, tumbler phone, counterfeit
20    or clone phone, tumbler microchip, counterfeit or clone
21    microchip, scanning receiver of wireless communication
22    service or other instrument capable of disguising its
23    identity or location or of gaining unauthorized access to
24    a communications or wireless system operated by a
25    communication service provider; and
26        (2) any communication or wireless device which is

 

 

10200HB1091sam001- 26 -LRB102 03105 RLC 38100 a

1    capable of, or has been altered, designed, modified,
2    programmed or reprogrammed, alone or in conjunction with
3    another communication or wireless device or devices, so as
4    to be capable of, facilitating the disruption,
5    acquisition, receipt, transmission or decryption of a
6    communication service without the express consent or
7    express authorization of the communication service
8    provider, including, but not limited to, any device,
9    technology, product, service, equipment, computer software
10    or component or part thereof, primarily distributed, sold,
11    designed, assembled, manufactured, modified, programmed,
12    reprogrammed or used for the purpose of providing the
13    unauthorized receipt of, transmission of, disruption of,
14    decryption of, access to or acquisition of any
15    communication service provided by any communication
16    service provider.
17    "Vehicle" means a motor vehicle, motorcycle, or farm
18implement that is self-propelled and that uses motor fuel for
19propulsion.
20    "Wireless device" includes any type of instrument, device,
21machine, or equipment that is capable of transmitting or
22receiving telephonic, electronic or radio communications, or
23any part of such instrument, device, machine, or equipment, or
24any computer circuit, computer chip, electronic mechanism, or
25other component that is capable of facilitating the
26transmission or reception of telephonic, electronic, or radio

 

 

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1communications.
2(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
31-1-12; 97-1109, eff. 1-1-13.)
 
4    (720 ILCS 5/16-25.1 new)
5    Sec. 16-25.1. Organized retail crime.
6    (a) A person commits organized retail crime when that
7person, alone or in association with another person, knowingly
8does any of the following:
9        (1) engages in conduct in which one or more of the
10    following apply:
11            (A) a theft of the merchandise is committed from
12        one or more retail mercantile establishments, and the
13        person committing the act has the intent or purpose of
14        reselling the stolen merchandise or otherwise having
15        the stolen merchandise reenter the stream of commerce,
16        including the transfer of the stolen merchandise to
17        another retail mercantile establishment or to any
18        other person personally, through the mail, or through
19        any electronic medium, including the Internet or
20        online marketplace, in exchange for anything of value;
21            (B) 2 or more individuals in concert with each
22        other enter a retail mercantile establishment with the
23        intent to commit theft of merchandise; or
24            (C) the theft of the merchandise is committed
25        while the merchandise is in transit from the

 

 

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1        manufacturer to the retail mercantile establishment
2        where the person has the intent to resell that
3        merchandise.
4        (2) recruits, organizes, supervises, finances, or
5    otherwise manages or assists another person in engaging in
6    conduct described in paragraph (1);
7        (3) conspires with another person to engage in conduct
8    described in paragraph (1);
9        (4) receives, purchases, or possesses merchandise for
10    sale or resale knowing or believing the merchandise to be
11    stolen from a retail mercantile establishment;
12        (5) purchases a wireless telecommunication device
13    using fraudulent credit or procures a wireless
14    telecommunications service agreement with the intent to
15    defraud another person or to breach that agreement, or
16    uses another person to obtain a wireless
17    telecommunications service agreement with the intent to
18    defraud another person or to breach that agreement;
19        (6) receives, possesses, or purchases any merchandise
20    or stored value cards obtained from a fraudulent return
21    with the knowledge that the property was obtained in
22    violation of this Section or Section 16-25;
23        (7) removes, destroys, deactivates, or knowingly
24    evades any component of an anti-shoplifting or inventory
25    control device to prevent the activation of that device to
26    aid one or more individuals in engaging in conduct

 

 

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1    described in paragraph (1);
2        (8) uses any artifice, instrument, container, device,
3    or other article to aid one or more individuals in
4    engaging in conduct described in paragraph (1);
5        (9) causes an emergency alarm to sound or otherwise
6    activates, deactivates, or prevents an emergency alarm
7    from sounding to aid one or more individuals in engaging
8    in conduct described in paragraph (1); or
9        (10) damages, destroys, or defaces the property of a
10    retail mercantile establishment while engaging in conduct
11    described in paragraph (1).
12    (b) In a prosecution under paragraph (6) of subsection
13(a), the trier of fact may infer from the defendant's receipt,
14possession, or purchase of 10 or more stored value cards in a
1514-day period from the same individual or merchant that the
16property was obtained in violation of this Section or Section
1716-25.
18    (c) A stored value card purchased by anyone other than the
19original issuer, the issuer's authorized agent, or the
20original purchaser shall be held for a period of 5 business
21days or 7 calendar days, whichever is shorter, prior to resale
22or use. This subsection (c) shall apply only to a person who
23purchases 10 or more stored value cards in a 90-day period.
24    (d) It is not a defense to a charge under this Section that
25the property was not stolen, embezzled, or converted property
26at the time of the violation if the property was explicitly

 

 

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1represented to the accused person as being stolen, embezzled,
2or converted property.
3    (e) This Section does not prohibit a person from being
4charged with, convicted of, or sentenced for any violation of
5law arising out of the same criminal transaction that violates
6this Section or any other Act, and shall not be construed as
7limiting or precluding any prosecution for a violation of
8Section 16-25 or one or more similar offenses under subsection
9(h) or (i) of Section 17-10.6, Section 25-4, or one or more
10similar offenses under the laws of this State or any other
11state, or any combination of any of those violations or
12similar offenses, even though the conduct constituting the
13basis for those violations or offenses could be construed as
14also constituting organized retail crime or conduct of the
15type described under this Section.
16    (f) If acts or omissions constituting any part of the
17commission of the charged offense under this Section occurred
18in more than one county, each county has concurrent venue. If
19the charged offenses under this Section occurred in more than
20one county, the counties may join the offenses in a single
21criminal pleading and have concurrent venue as to all charged
22offenses. When counties have concurrent venue, the first
23county in which a criminal complaint, information, or
24indictment is issued in the case becomes the county with
25exclusive venue. A violation of organized retail crime may be
26investigated, indicted, and prosecuted pursuant to the

 

 

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1Statewide Grand Jury Act.
2    (g) Sentence. A violation of paragraph (1), (3), or (4) of
3subsection (a) of this Section is a Class 3 felony. A violation
4of paragraph (5) or (6) of subsection (a) is a Class 4 felony.
5A violation of paragraph (2), (7), (8), (9), or (10) of
6subsection (a) is a Class 2 felony.
 
7    (720 ILCS 5/16-25.2 new)
8    Sec. 16-25.2. Retail loss prevention report and notice
9requirements.
10    (a) A retail mercantile establishment that is a victim of
11a violation of Section 16-25, 16-25.1, 17-10.6, or 25-4 shall
12have the right:
13        (1) to timely notification of all court proceedings as
14    defined under subsection (e) of Section 3 of the Rights of
15    Crime Victims and Witnesses Act. Timely notice shall
16    include 7 days' notice of any court proceedings. Timely
17    notice shall be sent to the location of the retail
18    mercantile establishment where the violation occurred and
19    to the point of contact as provided by the retail
20    mercantile establishment. The point of contact may be any
21    employee of the retail mercantile establishment or
22    representative as provided by the retail mercantile
23    establishment;
24        (2) to communicate with the prosecution;
25        (3) to be reasonably heard at any post-arraignment

 

 

10200HB1091sam001- 32 -LRB102 03105 RLC 38100 a

1    court proceeding in which a right of the victim is at issue
2    and any court proceeding involving a post-arraignment
3    release decision, plea, or sentencing;
4        (4) to be notified of the conviction, the sentence,
5    the imprisonment, and the release of the accused; and
6        (5) to have present at all court proceedings subject
7    to the rules of evidence an advocate of the retail
8    mercantile establishment's choice.
9    (b) Unless a retail mercantile establishment refuses to
10file a report regarding the incident, the law enforcement
11agency having jurisdiction shall file a report concerning the
12incident with the State's Attorney. No law enforcement agent
13shall discourage or attempt to discourage a retail mercantile
14establishment from filing a police report concerning the
15incident. Upon the request of the retail mercantile
16establishment, the law enforcement agency having jurisdiction
17shall provide a free copy of the police report concerning the
18incident, as soon as practicable, but in no event later than 5
19business days after the request. The Illinois Law Enforcement
20Training Standards Board shall not consider any allegation of
21a violation of this subsection that is contained in a
22complaint made under Section 1-35 of the Police and Community
23Relations Improvement Act.
24    (c) At any point, the retail mercantile establishment has
25the right to retain an attorney who may be present during all
26stages of any interview, investigation, or other interaction

 

 

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1with representatives of the criminal justice system. Treatment
2of the retail mercantile establishment shall not be affected
3or altered in any way as a result of the decision of the retail
4mercantile establishment to exercise this right.
 
5    (720 ILCS 5/17-37)
6    Sec. 17-37. Use of credit or debit card with intent to
7defraud.
8    (a) A cardholder who uses a credit card or debit card
9issued to him or her, or allows another person to use a credit
10card or debit card issued to him or her, with intent to defraud
11the issuer, or a person providing an item or items of value, or
12any other person is guilty of a Class A misdemeanor if the
13value of all items of value does not exceed $150 in any 6-month
14period; and is guilty of a Class 4 felony if the value exceeds
15$150 in any 6-month period.
16    (b) An issuer shall not provide a debit or credit
17cardholder the value in any manner of any item purchased with
18intent to defraud the issuer or a person providing an item of
19value. If an issuer provides value in any manner to a debit or
20credit cardholder of the value of any item that the debit or
21credit cardholder purchased with the intent to defraud the
22issuer or a person providing an item of value, the issuer shall
23reimburse the person providing the item of value for any loss
24as a result of the fraud and any reasonable costs associated
25with collecting the value of the item. If the issuer fails to

 

 

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1reimburse the person providing an item of value when the
2issuer is required to do so under this subsection, the person
3providing an item of value may bring a civil action against the
4issuer for the amount of the loss and reasonable costs. The
5trier of fact may infer that a debit or credit cardholder
6intended to defraud an issuer or a person providing an item of
7value when the debit or credit cardholder purchased an item of
8value with a credit or debit card and disputed the
9transaction, requested a reimbursement for the transaction, or
10requested a stop-payment order on the transaction and did not
11return the item of value to the person providing the item of
12value.
13(Source: P.A. 96-1551, eff. 7-1-11.)
 
14    (720 ILCS 5/17-38)
15    Sec. 17-38. Use of account number or code with intent to
16defraud; possession of record of charge forms.
17    (a) A person who, with intent to defraud either an issuer,
18or a person providing an item or items of value, or any other
19person, utilizes an account number or code or enters
20information on a record of charge form with the intent to
21obtain an item or items of value is guilty of a Class 4 felony
22if the value of the item or items of value obtained does not
23exceed $150 in any 6-month period; and is guilty of a Class 3
24felony if the value exceeds $150 in any 6-month period.
25    (a-5) An issuer shall not provide a person who utilizes an

 

 

10200HB1091sam001- 35 -LRB102 03105 RLC 38100 a

1account number or code the value in any manner of any item
2purchased with intent to defraud the issuer or a person
3providing an item of value. If an issuer provides value in any
4manner to a person who utilizes an account number or code of
5the value of any item purchased with the intent to defraud the
6issuer or a person providing an item of value, the issuer shall
7reimburse the person providing the item of value for any loss
8as a result of the fraud and any reasonable costs associated
9with collecting the value of the item. If the issuer fails to
10reimburse the person providing an item of value when the
11issuer is required to do so under this subsection, the person
12providing an item of value may bring a civil action against the
13issuer for the amount of the loss and reasonable costs. The
14trier of fact may infer that a person who utilizes an account
15number or code intended to defraud an issuer or a person
16providing an item of value when the person purchased an item of
17value with an account number or code and disputed the
18transaction, requested a reimbursement for the transaction, or
19requested a stop-payment order on the transaction and did not
20return the item of value to the person providing the item of
21value.
22    (b) A person who, with intent to defraud either an issuer
23or a person providing an item or items of value, or any other
24person, possesses, without the consent of the issuer or
25purported issuer, record of charge forms bearing the printed
26impression of a credit card or debit card is guilty of a Class

 

 

10200HB1091sam001- 36 -LRB102 03105 RLC 38100 a

14 felony. The trier of fact may infer intent to defraud from
2the possession of such record of charge forms by a person other
3than the issuer or a person authorized by the issuer to possess
4record of charge forms.
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    (720 ILCS 5/33G-3)
7    (Section scheduled to be repealed on June 11, 2022)
8    Sec. 33G-3. Definitions. As used in this Article:
9    (a) "Another state" means any State of the United States
10(other than the State of Illinois), or the District of
11Columbia, or the Commonwealth of Puerto Rico, or any territory
12or possession of the United States, or any political
13subdivision, or any department, agency, or instrumentality
14thereof.
15    (b) "Enterprise" includes:
16        (1) any partnership, corporation, association,
17    business or charitable trust, or other legal entity; and
18        (2) any group of individuals or other legal entities,
19    or any combination thereof, associated in fact although
20    not itself a legal entity. An association in fact must be
21    held together by a common purpose of engaging in a course
22    of conduct, and it may be associated together for purposes
23    that are both legal and illegal. An association in fact
24    must:
25            (A) have an ongoing organization or structure,

 

 

10200HB1091sam001- 37 -LRB102 03105 RLC 38100 a

1        either formal or informal;
2            (B) the various members of the group must function
3        as a continuing unit, even if the group changes
4        membership by gaining or losing members over time; and
5            (C) have an ascertainable structure distinct from
6        that inherent in the conduct of a pattern of predicate
7        activity.
8    As used in this Article, "enterprise" includes licit and
9illicit enterprises.
10    (c) "Labor organization" includes any organization, labor
11union, craft union, or any voluntary unincorporated
12association designed to further the cause of the rights of
13union labor that is constituted for the purpose, in whole or in
14part, of collective bargaining or of dealing with employers
15concerning grievances, terms or conditions of employment, or
16apprenticeships or applications for apprenticeships, or of
17other mutual aid or protection in connection with employment,
18including apprenticeships or applications for apprenticeships.
19    (d) "Operation or management" means directing or carrying
20out the enterprise's affairs and is limited to any person who
21knowingly serves as a leader, organizer, operator, manager,
22director, supervisor, financier, advisor, recruiter, supplier,
23or enforcer of an enterprise in violation of this Article.
24    (e) "Predicate activity" means any act that is a felony
25under Section 16-25.1 of the Criminal Code of 2012 or a Class 2
26felony or higher and constitutes a violation or violations of

 

 

10200HB1091sam001- 38 -LRB102 03105 RLC 38100 a

1any of the following provisions of the laws of the State of
2Illinois (as amended or revised as of the date the activity
3occurred or, in the instance of a continuing offense, the date
4that charges under this Article are filed in a particular
5matter in the State of Illinois) or any act under the law of
6another jurisdiction for an offense that could be charged as a
7Class 2 felony or higher in this State:
8        (1) under the Criminal Code of 1961 or the Criminal
9    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
10    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
11    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
12    (aggravated unlawful restraint), 10-4 (forcible
13    detention), 10-5(b)(10) (child abduction), 10-9
14    (trafficking in persons, involuntary servitude, and
15    related offenses), 11-1.20 (criminal sexual assault),
16    11-1.30 (aggravated criminal sexual assault), 11-1.40
17    (predatory criminal sexual assault of a child), 11-1.60
18    (aggravated criminal sexual abuse), 11-6 (indecent
19    solicitation of a child), 11-6.5 (indecent solicitation of
20    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
21    prostitution), 11-14.4 (promoting juvenile prostitution),
22    11-18.1 (patronizing a minor engaged in prostitution;
23    patronizing a juvenile prostitute), 12-3.05 (aggravated
24    battery), 12-6.4 (criminal street gang recruitment),
25    12-6.5 (compelling organization membership of persons),
26    12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-7.5

 

 

10200HB1091sam001- 39 -LRB102 03105 RLC 38100 a

1    (cyberstalking), 12-11 or 19-6 (home invasion), 12-11.1 or
2    18-6 (vehicular invasion), 18-1 (robbery; aggravated
3    robbery), 18-2 (armed robbery), 18-3 (vehicular
4    hijacking), 18-4 (aggravated vehicular hijacking), 18-5
5    (aggravated robbery), 19-1 (burglary), 19-3 (residential
6    burglary), 20-1 (arson; residential arson; place of
7    worship arson), 20-1.1 (aggravated arson), 20-1.2
8    (residential arson), 20-1.3 (place of worship arson),
9    24-1.2 (aggravated discharge of a firearm), 24-1.2-5
10    (aggravated discharge of a machine gun or silencer
11    equipped firearm), 24-1.8 (unlawful possession of a
12    firearm by a street gang member), 24-3.2 (unlawful
13    discharge of firearm projectiles), 24-3.9 (aggravated
14    possession of a stolen firearm), 24-3A (gunrunning), 26-5
15    or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
16    (soliciting support for terrorism), 29D-15.1 (causing a
17    catastrophe), 29D-15.2 (possession of a deadly substance),
18    29D-20 (making a terrorist threat), 29D-25 (falsely making
19    a terrorist threat), 29D-29.9 (material support for
20    terrorism), 29D-35 (hindering prosecution of terrorism),
21    31A-1.2 (unauthorized contraband in a penal institution),
22    or 33A-3 (armed violence);
23        (2) under the Cannabis Control Act: Sections 5
24    (manufacture or delivery of cannabis), 5.1 (cannabis
25    trafficking), or 8 (production or possession of cannabis
26    plants), provided the offense either involves more than

 

 

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1    500 grams of any substance containing cannabis or involves
2    more than 50 cannabis sativa plants;
3        (3) under the Illinois Controlled Substances Act:
4    Sections 401 (manufacture or delivery of a controlled
5    substance), 401.1 (controlled substance trafficking), 405
6    (calculated criminal drug conspiracy), or 405.2 (street
7    gang criminal drug conspiracy); or
8        (4) under the Methamphetamine Control and Community
9    Protection Act: Sections 15 (methamphetamine
10    manufacturing), or 55 (methamphetamine delivery).
11    (f) "Pattern of predicate activity" means:
12        (1) at least 3 occurrences of predicate activity that
13    are in some way related to each other and that have
14    continuity between them, and that are separate acts. Acts
15    are related to each other if they are not isolated events,
16    including if they have similar purposes, or results, or
17    participants, or victims, or are committed a similar way,
18    or have other similar distinguishing characteristics, or
19    are part of the affairs of the same enterprise. There is
20    continuity between acts if they are ongoing over a
21    substantial period, or if they are part of the regular way
22    some entity does business or conducts its affairs; and
23        (2) which occurs after the effective date of this
24    Article, and the last of which falls within 3 years
25    (excluding any period of imprisonment) after the first
26    occurrence of predicate activity.

 

 

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1    (g) "Unlawful death" includes the following offenses:
2under the Code of 1961 or the Criminal Code of 2012: Sections
39-1 (first degree murder) or 9-2 (second degree murder).
4(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
5    (720 ILCS 5/33G-5)
6    (Section scheduled to be repealed on June 11, 2022)
7    Sec. 33G-5. Penalties. Under this Article, notwithstanding
8any other provision of law:
9    (a) Any violation of subsection (a) of Section 33G-4 of
10this Article, excluding a violation involving a felony offense
11of organized retail crime, shall be sentenced as a Class X
12felony with a term of imprisonment of not less than 7 years and
13not more than 30 years, or the sentence applicable to the
14underlying predicate activity, whichever is higher, and the
15sentence imposed shall also include restitution, and/or a
16criminal fine, jointly and severally, up to $250,000 or twice
17the gross amount of any intended proceeds of the violation, if
18any, whichever is higher.
19    (b) Any violation of subsection (b) of Section 33G-4 of
20this Article, excluding a violation involving a felony offense
21of organized retail crime, shall be sentenced as a Class X
22felony, and the sentence imposed shall also include
23restitution, and/or a criminal fine, jointly and severally, up
24to $250,000 or twice the gross amount of any intended proceeds
25of the violation, if any, whichever is higher.

 

 

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1    (b-1) Any violation of subsection (a) or (b) of Section
233G-4 involving a felony offense of organized retail crime
3shall be sentenced as a Class 1 felony, and the sentence
4imposed may include restitution.
5    (c) Wherever the unlawful death of any person or persons
6results as a necessary or natural consequence of any violation
7of this Article, the sentence imposed on the defendant shall
8include an enhanced term of imprisonment of at least 25 years
9up to natural life, in addition to any other penalty imposed by
10the court, provided:
11        (1) the death or deaths were reasonably foreseeable to
12    the defendant to be sentenced; and
13        (2) the death or deaths occurred when the defendant
14    was otherwise engaged in the violation of this Article as
15    a whole.
16    (d) A sentence of probation, periodic imprisonment,
17conditional discharge, impact incarceration or county impact
18incarceration, court supervision, withheld adjudication, or
19any pretrial diversionary sentence or suspended sentence, is
20not authorized for a violation of this Article.
21(Source: P.A. 97-686, eff. 6-11-12; 98-463, eff. 8-16-13.)
 
22    (720 ILCS 5/33G-9)
23    (Section scheduled to be repealed on June 11, 2022)
24    Sec. 33G-9. Repeal. This Article is repealed on June 11,
252027 2022.

 

 

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1(Source: P.A. 100-1, eff. 6-9-17.)
 
2    Section 2-10. The Statewide Grand Jury Act is amended by
3changing Sections 2, 3, and 4 as follows:
 
4    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
5    Sec. 2. (a) County grand juries and State's Attorneys have
6always had and shall continue to have primary responsibility
7for investigating, indicting, and prosecuting persons who
8violate the criminal laws of the State of Illinois. However,
9in recent years organized terrorist activity directed against
10innocent civilians and certain criminal enterprises have
11developed that require investigation, indictment, and
12prosecution on a statewide or multicounty level. The criminal
13enterprises exist as a result of the allure of profitability
14present in narcotic activity, the unlawful sale and transfer
15of firearms, and streetgang related felonies and organized
16terrorist activity is supported by the contribution of money
17and expert assistance from geographically diverse sources. In
18order to shut off the life blood of terrorism and weaken or
19eliminate the criminal enterprises, assets, and property used
20to further these offenses must be frozen, and any profit must
21be removed. State statutes exist that can accomplish that
22goal. Among them are the offense of money laundering,
23violations of Article 29D of the Criminal Code of 1961 or the
24Criminal Code of 2012, the Narcotics Profit Forfeiture Act,

 

 

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1and gunrunning. Local prosecutors need investigative personnel
2and specialized training to attack and eliminate these
3profits. In light of the transitory and complex nature of
4conduct that constitutes these criminal activities, the many
5diverse property interests that may be used, acquired directly
6or indirectly as a result of these criminal activities, and
7the many places that illegally obtained property may be
8located, it is the purpose of this Act to create a limited,
9multicounty Statewide Grand Jury with authority to
10investigate, indict, and prosecute: narcotic activity,
11including cannabis and controlled substance trafficking,
12narcotics racketeering, money laundering, violations of the
13Cannabis and Controlled Substances Tax Act, and violations of
14Article 29D of the Criminal Code of 1961 or the Criminal Code
15of 2012; the unlawful sale and transfer of firearms;
16gunrunning; and streetgang related felonies.
17    (b) A Statewide Grand Jury may also investigate, indict,
18and prosecute violations facilitated by the use of a computer
19of any of the following offenses: indecent solicitation of a
20child, sexual exploitation of a child, soliciting for a
21juvenile prostitute, keeping a place of juvenile prostitution,
22juvenile pimping, child pornography, aggravated child
23pornography, or promoting juvenile prostitution except as
24described in subdivision (a)(4) of Section 11-14.4 of the
25Criminal Code of 1961 or the Criminal Code of 2012.
26    (c) A Statewide Grand Jury may also investigate, indict,

 

 

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1and prosecute violations of organized retail crime.
2(Source: P.A. 101-593, eff. 12-4-19.)
 
3    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
4    Sec. 3. Written application for the appointment of a
5Circuit Judge to convene and preside over a Statewide Grand
6Jury, with jurisdiction extending throughout the State, shall
7be made to the Chief Justice of the Supreme Court. Upon such
8written application, the Chief Justice of the Supreme Court
9shall appoint a Circuit Judge from the circuit where the
10Statewide Grand Jury is being sought to be convened, who shall
11make a determination that the convening of a Statewide Grand
12Jury is necessary.
13    In such application the Attorney General shall state that
14the convening of a Statewide Grand Jury is necessary because
15of an alleged offense or offenses set forth in this Section
16involving more than one county of the State and identifying
17any such offense alleged; and
18        (a) that he or she believes that the grand jury
19    function for the investigation and indictment of the
20    offense or offenses cannot effectively be performed by a
21    county grand jury together with the reasons for such
22    belief, and
23        (b)(1) that each State's Attorney with jurisdiction
24    over an offense or offenses to be investigated has
25    consented to the impaneling of the Statewide Grand Jury,

 

 

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1    or
2        (2) if one or more of the State's Attorneys having
3    jurisdiction over an offense or offenses to be
4    investigated fails to consent to the impaneling of the
5    Statewide Grand Jury, the Attorney General shall set forth
6    good cause for impaneling the Statewide Grand Jury.
7    If the Circuit Judge determines that the convening of a
8Statewide Grand Jury is necessary, he or she shall convene and
9impanel the Statewide Grand Jury with jurisdiction extending
10throughout the State to investigate and return indictments:
11        (a) For violations of any of the following or for any
12    other criminal offense committed in the course of
13    violating any of the following: Article 29D of the
14    Criminal Code of 1961 or the Criminal Code of 2012, the
15    Illinois Controlled Substances Act, the Cannabis Control
16    Act, the Methamphetamine Control and Community Protection
17    Act, or the Narcotics Profit Forfeiture Act; a streetgang
18    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
19    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
20    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
21    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
22    of 1961 or the Criminal Code of 2012; or a money laundering
23    offense; provided that the violation or offense involves
24    acts occurring in more than one county of this State; and
25        (a-5) For violations facilitated by the use of a
26    computer, including the use of the Internet, the World

 

 

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1    Wide Web, electronic mail, message board, newsgroup, or
2    any other commercial or noncommercial on-line service, of
3    any of the following offenses: indecent solicitation of a
4    child, sexual exploitation of a child, soliciting for a
5    juvenile prostitute, keeping a place of juvenile
6    prostitution, juvenile pimping, child pornography,
7    aggravated child pornography, or promoting juvenile
8    prostitution except as described in subdivision (a)(4) of
9    Section 11-14.4 of the Criminal Code of 1961 or the
10    Criminal Code of 2012; and
11        (b) For the offenses of perjury, subornation of
12    perjury, communicating with jurors and witnesses, and
13    harassment of jurors and witnesses, as they relate to
14    matters before the Statewide Grand Jury.
15    "Streetgang related" has the meaning ascribed to it in
16Section 10 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act.
18    Upon written application by the Attorney General for the
19convening of an additional Statewide Grand Jury, the Chief
20Justice of the Supreme Court shall appoint a Circuit Judge
21from the circuit for which the additional Statewide Grand Jury
22is sought. The Circuit Judge shall determine the necessity for
23an additional Statewide Grand Jury in accordance with the
24provisions of this Section. No more than 2 Statewide Grand
25Juries may be empaneled at any time.
26(Source: P.A. 101-593, eff. 12-4-19.)
 

 

 

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1    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
2    Sec. 4. (a) The presiding judge of the Statewide Grand
3Jury will receive recommendations from the Attorney General as
4to the county in which the Grand Jury will sit. Prior to making
5the recommendations, the Attorney General shall obtain the
6permission of the local State's Attorney to use his or her
7county for the site of the Statewide Grand Jury. Upon
8receiving the Attorney General's recommendations, the
9presiding judge will choose one of those recommended locations
10as the site where the Grand Jury shall sit.
11    Any indictment by a Statewide Grand Jury shall be returned
12to the Circuit Judge presiding over the Statewide Grand Jury
13and shall include a finding as to the county or counties in
14which the alleged offense was committed. Thereupon, the judge
15shall, by order, designate the county of venue for the purpose
16of trial. The judge may also, by order, direct the
17consolidation of an indictment returned by a county grand jury
18with an indictment returned by the Statewide Grand Jury and
19set venue for trial.
20    (b) Venue for purposes of trial for the offense of
21narcotics racketeering shall be proper in any county where:
22        (1) Cannabis or a controlled substance which is the
23    basis for the charge of narcotics racketeering was used;
24    acquired; transferred or distributed to, from or through;
25    or any county where any act was performed to further the

 

 

10200HB1091sam001- 49 -LRB102 03105 RLC 38100 a

1    use; acquisition, transfer or distribution of said
2    cannabis or controlled substance; or
3        (2) Any money, property, property interest, or any
4    other asset generated by narcotics activities was
5    acquired, used, sold, transferred or distributed to, from
6    or through; or,
7        (3) Any enterprise interest obtained as a result of
8    narcotics racketeering was acquired, used, transferred or
9    distributed to, from or through, or where any activity was
10    conducted by the enterprise or any conduct to further the
11    interests of such an enterprise.
12    (c) Venue for purposes of trial for the offense of money
13laundering shall be proper in any county where any part of a
14financial transaction in criminally derived property took
15place, or in any county where any money or monetary interest
16which is the basis for the offense, was acquired, used, sold,
17transferred or distributed to, from, or through.
18    (d) A person who commits the offense of cannabis
19trafficking or controlled substance trafficking may be tried
20in any county.
21    (e) Venue for purposes of trial for any violation of
22Article 29D of the Criminal Code of 1961 or the Criminal Code
23of 2012 may be in the county in which an act of terrorism
24occurs, the county in which material support or resources are
25provided or solicited, the county in which criminal assistance
26is rendered, or any county in which any act in furtherance of

 

 

10200HB1091sam001- 50 -LRB102 03105 RLC 38100 a

1any violation of Article 29D of the Criminal Code of 1961 or
2the Criminal Code of 2012 occurs.
3    (f) Venue for purposes of trial for the offense of
4organized retail crime shall be proper in any county where:
5        (1) any property, property interest, asset, money, or
6    thing of value that is the basis for the charge of
7    organized retail crime was used, acquired, transferred, or
8    distributed to, from, or through; or any county where any
9    act was performed to further the use, acquisition,
10    transfer, or distribution of the property, property
11    interest, asset, money, or thing or value; or
12        (2) any enterprise interest obtained as a result of
13    organized retail crime was acquired, used, transferred, or
14    distributed to, from, or through, or where any activity
15    was conducted by the enterprise or any conduct to further
16    the interests of such an enterprise.
17    If the offense of organized retail crime is committed
18using a cell phone or the Internet, venue shall be proper in
19any county.
20(Source: P.A. 97-1150, eff. 1-25-13.)
21
Article 99.

 
22    Section 99-99. Effective date. This Act takes effect upon
23becoming law.".