Bill Amendment: IL SB0066 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SMART PHONE ANTI-THEFT

Status: 2015-08-10 - Public Act . . . . . . . . . 99-0327 [SB0066 Detail]

Download: Illinois-2015-SB0066-Senate_Amendment_002.html

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Sen. Ira I. Silverstein

Filed: 3/20/2015

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AMENDMENT TO SENATE BILL 66
AMENDMENT NO. ______. Amend Senate Bill 66 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the Smart
Phone Theft Protection Act.
Section 5. Definitions. As used in this Act:
"Appropriate law enforcement official" means the sheriff
of the county where a dealer is located or, if the dealer is
located within a municipality, the police chief of the
municipality, provided, however, that the sheriff or police
chief may designate an appropriate official of the county or
municipality as applicable.
"Internet marketplace" or "online platform" means a
digitally accessible platform that facilitates commercial
transactions between buyers and community-rated sellers where
the operator or the platform does not take possession of, or

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title to, the goods bought or sold.
"Law enforcement agency" means a duly authorized local,
county, State, or federal law enforcement agency.
"Repair and refurbishment program" means a program,
offered by a wireless telephone service provider,
manufacturer, or retailer who is not primarily engaged in
purchasing personal property of any type from a person who is
not a wholesaler, through which used or previously owned
wireless communications devices are restored to good working
order.
"Trade-in program" means a program offered by a wireless
telephone service provider, manufacturer, or retailer who is
not primarily engaged in purchasing personal property of any
type from a person who is not a wholesaler, pursuant to which
used wireless communications devices are accepted from
customers for trade-in when purchasing a new device or in
exchange for a noncash credit usable only for the purchase of
goods or services from the wireless telephone service provider,
manufacturer, or retailer or a rebate from a manufacturer on
the purchase of one of the manufacturer's wireless
communications devices.
"Wireless communications device" means a hand-held
cellular phone or other hand-held mobile device that (1) is
built on a smart phone mobile operating system; (2) possesses
advanced computing capability; (3) enables network
connectivity; (4) enables the user to engage in voice

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communications via commercial mobile radio service, as defined
in 47 CFR 20.3; and (5) is capable of operating on a long-term
evolution network and successor wireless data network
communication standards. Capabilities a wireless communication
device may possess include, but are not limited to, built-in
applications, Internet access, digital voice service, text
messaging, email, and web browsing. "Wireless communications
device" does not include a phone commonly referred to as a
feature or messaging phone, a laptop computer, a tablet device,
or a device that has only electronic reading capability.
"Wireless communications device dealer" or "dealer" means
an individual, partnership, limited partnership, limited
liability company, corporation, or other entity engaged in the
business of buying or selling used wireless communications
devices.
"Wireless communications device manufacturer" or
"manufacturer" means an individual, partnership, limited
partnership, limited liability company, corporation, or other
entity engaged in the business of manufacturing wireless
communications devices.
"Wireless telephone service provider" means a provider of
wireless telephone services and its authorized dealers,
distributors, and agents.
Section 10. Wireless communications devices; acquisition
for resale; purchase or acquisition record required.

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(a) Every wireless communications device dealer, including
an agent, employee, or representative of the dealer, but not an
internet marketplace, shall keep a written record at the time
of each purchase or acquisition of a used wireless
communications device for resale. The record must include the
following:
(1) an accurate account or description of the wireless
communications device purchased or acquired;
(2) the date, time, and place or the online platform
the wireless communications device was purchased or
acquired;
(3) the name and address of the person selling or
delivering the wireless communications device;
(4) the number of the check or electronic transfer used
to purchase the wireless communications device;
(5) the number from an identification document issued
by any state, federal, or foreign government if the
document includes the person's photograph, full name,
birth date, and signature; and
(6) a statement signed by the seller, under penalty of
perjury, attesting that the wireless communications device
is not stolen and is free of any liens or encumbrances and
the seller has the right to sell it.
(a-5) A wireless communications device dealer covered by
this Section may maintain the records required by subsection
(a) of this Section in an electronic form approved by the

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appropriate law enforcement official.
(b) Records required to be maintained under this Section
shall be retained by the wireless communications device dealer
for a period of 3 years.
(c) The record, as well as the wireless communications
device purchased or received, shall at all reasonable times be
available for inspection by any law enforcement agency.
(d) No record is required for wireless communications
devices purchased from merchants, manufacturers, or wholesale
dealers having an established place of business, but a bill of
sale or other evidence of open or legitimate purchase of the
wireless communications device shall be obtained and kept by
the wireless communications device dealer, which must be shown
upon demand to any law enforcement agency.
(e) Except as otherwise provided in this Section, a
wireless communications device dealer or the dealer's agent,
employee, or representative may not disclose personal
information received pursuant to subsection (a) concerning a
customer without the customer's consent unless the disclosure
is made in response to a request from a law enforcement agency.
A wireless communications device dealer must implement
reasonable safeguards to protect the security of the personal
information and prevent unauthorized access to or disclosure of
the information. For purposes of this Section, "personal
information" is any individually identifiable information
gathered in connection with a record under subsection (a).

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Section 15. Records; prohibitions. A wireless
communications device dealer, including an agent, employee, or
representative of the dealer, shall not:
(1) make any false entry in the records of transactions
involving a used wireless communications device;
(2) falsify, obliterate, destroy, or remove from the
place of business the records, books, or accounts relating
to used wireless communications device transactions;
(3) refuse to allow the appropriate law enforcement
agency to inspect records or any used wireless
communications device in the dealer's possession during
the ordinary hours of business or other times acceptable to
both parties;
(4) fail to maintain a record of each used wireless
communications device transaction for 3 years; or
(5) purchase a used wireless communications device
from a person under the age of 18 years.
Section 20. Payment for used wireless communications
devices. A wireless communications device dealer shall pay for
purchases of all used wireless communications devices by check
mailed to a specific address or by electronic transfer.
Section 25. Investigative holds; confiscation of property.
(a) Whenever a law enforcement official from any agency has

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probable cause to believe that a wireless communications device
in the possession of a wireless communications device dealer is
stolen or is evidence of a crime and notifies the dealer not to
sell the item, the dealer shall not process or sell the item or
remove or allow its removal from the premises. This
investigative hold must be confirmed in writing by the
originating agency within 72 hours and remain in effect for 120
days from the date of initial notification, until the
investigative hold is canceled or renewed, or until a law
enforcement notification to confiscate or directive to release
is issued, whichever comes first.
(b) If a wireless communications device is identified as
stolen or as evidence in a criminal case, a law enforcement
official may:
(1) physically confiscate and remove the wireless
communications device from the wireless communications
device dealer pursuant to a written notification;
(2) place the wireless communications device on hold or
extend the hold under subsection (a) and leave the device
at the premises; or
(3) direct its release to a registered owner or owner's
agent.
(c) When an item is confiscated, the law enforcement agency
doing so shall provide identification upon request of the
wireless communications device dealer, and shall provide the
name and telephone number of the confiscating agency and

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investigator and the case number related to the confiscation.
(d) When an investigative hold or notification to
confiscate is no longer necessary, the law enforcement official
or designee shall notify the wireless communications device
dealer.
(e) A wireless communications device dealer may sell or
otherwise dispose of the wireless communications device if: (1)
a notification to confiscate is not issued during the
investigative hold; or (2) a law enforcement official does not
physically remove the wireless communications device from the
premises within 15 calendar days from issuance of a
notification to confiscate.
(f) If a wireless communications device dealer is required
to hold the wireless communications device at the direction of
law enforcement for purposes of investigation or prosecution,
or if the device is seized by law enforcement, the wireless
communications device dealer and any other victim is entitled
to seek restitution, including any out-of-pocket expenses for
storage and lost profit, in any criminal case that may arise
from the investigation against the individual who sold the
wireless communications device to the wireless communications
device dealer.
Section 30. Video security cameras required.
(a) Each wireless communications device dealer shall
install and maintain at each physical location video

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surveillance cameras, still digital cameras, or similar
devices positioned to record or photograph a frontal view
showing a readily identifiable image of the face of each seller
of a wireless communications device who enters the physical
location.
(b) The video camera or still digital camera must be kept
in operating condition and must be shown upon request to a
properly identified law enforcement officer for inspection.
The camera must record and display the accurate date and time.
The video camera or still digital camera must be turned on at
all times when the physical location is open for business and
at any other time when wireless communications devices are
purchased or sold.
(c) Recordings and images required by subsection (a) shall
be retained by the wireless communications device dealer for a
minimum period of 120 days and shall at all reasonable times be
open to the inspection of any properly identified law
enforcement officer.
Section 35. Penalty. A wireless communications device
dealer, or the agent, employee, or representative of the
wireless communications device dealer, who intentionally
violates a provision of this Act is guilty of a business
offense and shall be fined more than $500 but not more than
$1,000.

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Section 40. Application of Act.
(a) This Act does not apply with respect to a wireless
communications device returned pursuant to the return policies
of the wireless communications device dealer, wireless
telephone service provider, manufacturer, or retailer from
whom it was originally purchased.
(b) This Act does not apply to:
(1) a wireless telephone service provider who acquires
wireless communications devices as part of a trade-in or a
repair and refurbishment program; or
(2) a manufacturer who acquires wireless
communications devices as part of a trade-in program.
(c) This Act does not apply to wireless communications
device dealers regulated under the Pawnbroker Regulation Act.
(d) This Act does not alter or affect a dealer's separate
obligations under the Resale Dealers Act, if applicable, except
that any violation under this Act, by a person covered by the
Resale Dealers Act, which has the same or similar elements as a
violation under the Resale Dealers Act shall be punished as
provided under the Resale Dealers Act.".