Illinois General Assembly - Full Text of Public Act 094-0038
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Public Act 094-0038




Public Act 094-0038
HB2697 Enrolled LRB094 09127 RLC 39358 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Criminal Code of 1961 is amended by changing
Section 16G-10 and by adding Section 16G-14 as follows:
    (720 ILCS 5/16G-10)
    Sec. 16G-10. Definitions. In this Article unless the
context otherwise requires:
    (a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card, a
public, government, or private employment identification card,
a social security card, a firearm owner's identification card,
a credit card, a debit card, or a passport issued to or on
behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other State political
subdivision of any state, or any other governmental or
quasi-governmental organization that is of a type intended for
the purpose of identification of an individual, or any such
document made or altered in a manner that it falsely purports
to have been made on behalf of or issued to another person or
by the authority of one who did not give that authority.
    (b) "Personal identifying information" means any of the
following information:
        (1) A person's name;
        (2) A person's address;
        (2.5) A person's date of birth;
        (3) A person's telephone number;
        (4) A person's drivers license number or State of
    Illinois identification card as assigned by the Secretary
    of State of the State of Illinois or a similar agency of
    another state;
        (5) A person's Social Security number;
        (6) A person's public, private, or government
    employer, place of employment, or employment
    identification number;
        (7) The maiden name of a person's mother;
        (8) The number assigned to a person's depository
    account, savings account, or brokerage account;
        (9) The number assigned to a person's credit or debit
    card, commonly known as a "Visa Card", "Master Card",
    "American Express Card", "Discover Card", or other similar
    cards whether issued by a financial institution,
    corporation, or business entity;
        (10) Personal identification numbers;
        (11) Electronic identification numbers;
        (12) Digital signals;
        (13) Any other numbers or information which can be used
    to access a person's financial resources, or to identify a
    specific individual.
    (c) "Document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
    (d) "Financial transaction device" means any of the
        (1) An electronic funds transfer card.
        (2) A credit card.
        (3) A debit card.
        (4) A point-of-sale card.
        (5) Any instrument, device, card, plate, code, account
    number, personal identification number, or a record or copy
    of a code, account number, or personal identification
    number or other means of access to a credit account or
    deposit account, or a driver's license or state
    identification card used to access a proprietary account,
    other than access originated solely by a paper instrument,
    that can be used alone or in conjunction with another
    access device, for any of the following purposes:
            (A) Obtaining money, cash refund or credit
        account, credit, goods, services, or any other thing of
            (B) Certifying or guaranteeing to a person or
        business the availability to the device holder of funds
        on deposit to honor a draft or check payable to the
        order of that person or business.
            (C) Providing the device holder access to a deposit
        account for the purpose of making deposits,
        withdrawing funds, transferring funds between deposit
        accounts, obtaining information pertaining to a
        deposit account, or making an electronic funds
(Source: P.A. 93-401, eff. 7-31-03.)
    (720 ILCS 5/16G-14 new)
    Sec. 16G-14. Transmission of personal identifying
information prohibited.
    (a) A person who is not a party to a transaction that
involves the use of a financial transaction device may not
secretly or surreptitiously photograph, or otherwise capture
or record, electronically or by any other means, or distribute,
disseminate, or transmit, electronically or by any other means,
personal identifying information from the transaction without
the consent of the person whose information is photographed, or
otherwise captured, recorded, distributed, disseminated, or
    (b) This Section does not:
        (1) prohibit the capture or transmission of personal
    identifying information in the ordinary and lawful course
    of business;
        (2) apply to a peace officer of this State, or of the
    federal government, or the officer's agent, while in the
    lawful performance of the officer's duties;
        (3) prohibit a person from being charged with,
    convicted of, or punished for any other violation of law
    committed by that person while violating or attempting to
    violate this Section.
    (c) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor.
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/16/2005