State of Illinois
92nd General Assembly
Legislation

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92_HB2140eng

 
HB2140 Engrossed                               LRB9206551RCcd

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    adding Section 17-25 as follows:

 6        (720 ILCS 5/ 17-25 new)
 7        Sec. 17-25.   Written  approval  of  telephone  directory
 8    advertisements.
 9        (a)  In this Section:
10        "Advertisement"  means  a  listing  of the name, address,
11    telephone  number,  e-mail  address,  or  other   information
12    concerning a business.
13        "Business"  means  a place where a trade or occupation is
14    conducted, services are offered for sale to  the  public,  or
15    where  tangible personal property is displayed, held, stored,
16    or offered for sale to the public.
17        "Business" also includes a place where a  public  officer
18    or  employee  conducts  any  business.  "Business"  does  not
19    include a place that serves only as a residence.
20        "Internet"   means   an   interactive computer service or
21    system or an information service, system, or access  software
22    provider  that  provides  or   enables   computer  access  by
23    multiple users to a computer server, and includes, but is not
24    limited  to,  an  information   service,  system,  or  access
25    software provider  that  provides   access   to   a   network
26    system  commonly  known  as  the  Internet, or any comparable
27    system or service and also includes,  but   is   not  limited
28    to,  a World Wide Web page, newsgroup, message board, mailing
29    list, or chat area on any  interactive  computer  service  or
30    system or other online service.
31        "Access"   and  "computer"  have  the  meanings  ascribed

 
HB2140 Engrossed            -2-                LRB9206551RCcd
 1    to them in Section 16D-2 of this Code.
 2        "Telephone directory" means a listing of  business  names
 3    and addresses, whether printed or available on the Internet.
 4        (b)  It  is unlawful for a person to knowingly publish or
 5    cause  to  be  published  in   a   telephone   directory   an
 6    advertisement  for  a business without the written consent of
 7    the owner of the business.
 8        (c)  Sentence.  A violation of this Section  is  a  petty
 9    offense  for  which the court must sentence the offender to a
10    fine of $500.  Each publication of  an  advertisement  for  a
11    business  without  the  written  approval of the owner of the
12    business is a separate offense.
13        (d) It is a defense to a violation of this  Section  that
14    the  person  who  published  the  advertisement or caused the
15    advertisement to be published made  a  reasonable  effort  to
16    contact  the  owner of the business and obtain the consent of
17    the  owner  of  the  business  before  publication   of   the
18    advertisement.

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