Sen. Suzy Glowiak Hilton
Filed: 3/28/2022
 
 


 




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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
10200HB1091sam001- 34 -LRB102 03105 RLC 38100 a


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 
 
 
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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 
 
 
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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, 
 
 
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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 
 
 
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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 
 
 
10200HB1091sam001- 40 -LRB102 03105 RLC 38100 a


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.
 
 
10200HB1091sam001- 41 -LRB102 03105 RLC 38100 a


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.
 
 
10200HB1091sam001- 42 -LRB102 03105 RLC 38100 a


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 
 
 
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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 
 
 
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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.".