State of Illinois
92nd General Assembly
Legislation

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92_SB1577

 
                                               LRB9213660RCcd

 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 adding
 5    Section 17-25 as follows:

 6        (720 ILCS 5/17-25 new)
 7        Sec. 17-25.  Use  of  scanning  device  or  reencoder  to
 8    defraud.
 9        (a)  In this Section:
10        "Scanning  device"  means a scanner, reader, or any other
11    electronic device that is used to access, read, scan, obtain,
12    memorize, or store, temporarily or  permanently,  information
13    encoded on the magnetic strip or stripe of a payment card.
14        "Reencoder"   means  an  electronic  device  that  places
15    encoded information from the magnetic strip or  stripe  of  a
16    payment card onto the magnetic strip or stripe of a different
17    payment card.
18        "Payment  card"  means  a credit card, charge card, debit
19    card, or any other card that is issued to an authorized  card
20    user and that allows the user to obtain, purchase, or receive
21    goods,  services,  money,  or  anything  else of value from a
22    merchant.
23        "Merchant" means an  owner  or  operator  of  any  retail
24    mercantile  establishment  or  any  agent,  employee, lessee,
25    consignee,  officer,  director,  franchisee,  or  independent
26    contractor of the owner or operator.  "Merchant" also means a
27    person who receives from an  authorized  user  of  a  payment
28    card,  or  someone  the  person  believes to be an authorized
29    user, a payment card or information from a payment  card,  or
30    what  the person believes to be a payment card or information
31    from  a  payment  card,  as  the  instrument  for  obtaining,
 
                            -2-                LRB9213660RCcd
 1    purchasing or receiving goods, services, money,  or  anything
 2    else of value from the person.
 3        (b)  It is unlawful for a person to use:
 4             (1)  a  scanning  device  to  access,  read, obtain,
 5        memorize,   or   store,   temporarily   or   permanently,
 6        information encoded on the magnetic strip or stripe of  a
 7        payment  card  without  the  permission of the authorized
 8        user of the payment card and with the intent  to  defraud
 9        the  authorized user, the issuer of the authorized user's
10        payment card, or a merchant; or
11             (2)  a reencoder to place information encoded on the
12        magnetic strip or stripe  of  a  payment  card  onto  the
13        magnetic  strip or stripe of a different card without the
14        permission of the authorized user of the card from  which
15        the information is being reencoded and with the intent to
16        defraud the authorized user, the issuer of the authorized
17        user's payment card, or a merchant.
18        (c)  Sentence.  A  violation of this Section is a Class 4
19    felony.  A second or subsequent violation of this Section  is
20    a Class 3 felony.

21        Section  99.  Effective  date. This Act takes effect upon
22    becoming law.

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