Bill Text: IL HB5500 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Includes in the definition of "computer" under the Deception and Fraud Article of the Code, a device or system that is located within, connected to, or otherwise integrated with, a motor vehicle as defined in the Illinois Vehicle Code.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5500 Detail]

Download: Illinois-2019-HB5500-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5500 Introduced , by Rep. Dan Ugaste SYNOPSIS AS INTRODUCED:
720 ILCS 5/17-0.5
Amends the Criminal Code of 2012. Includes in the definition of "computer" under the Deception and Fraud Article of the Code, a device or system that is located within, connected to, or otherwise integrated with, a motor vehicle as defined in the Illinois Vehicle Code.
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A BILL FOR
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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 2012 is amended by changing
Section 17-0.5 as follows:
(720 ILCS 5/17-0.5)
Sec. 17-0.5. Definitions. In this Article:
"Altered credit card or debit card" means any instrument or
device, whether known as a credit card or debit card, which has
been changed in any respect by addition or deletion of any
material, except for the signature by the person to whom the
card is issued.
"Cardholder" means the person or organization named on the
face of a credit card or debit card to whom or for whose
benefit the credit card or debit card is issued by an issuer.
"Computer" means a device that accepts, processes, stores,
retrieves, or outputs data and includes, but is not limited to,
a device or system that is located within, connected to, or
otherwise integrated with, a motor vehicle as defined in
Section 1-146 of the Illinois Vehicle Code, auxiliary storage,
including cloud-based networks of remote services hosted on the
Internet, and telecommunications devices connected to
computers.

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"Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
between them through the communications facilities.
"Computer program" or "program" means a series of coded
instructions or statements in a form acceptable to a computer
which causes the computer to process data and supply the
results of the data processing.
"Computer services" means computer time or services,
including data processing services, Internet services,
electronic mail services, electronic message services, or
information or data stored in connection therewith.
"Counterfeit" means to manufacture, produce or create, by
any means, a credit card or debit card without the purported
issuer's consent or authorization.
"Credit card" means any instrument or device, whether known
as a credit card, credit plate, charge plate or any other name,
issued with or without fee by an issuer for the use of the
cardholder in obtaining money, goods, services or anything else
of value on credit or in consideration or an undertaking or
guaranty by the issuer of the payment of a check drawn by the
cardholder.
"Data" means a representation in any form of information,
knowledge, facts, concepts, or instructions, including program
documentation, which is prepared or has been prepared in a
formalized manner and is stored or processed in or transmitted

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by a computer or in a system or network. Data is considered
property and may be in any form, including, but not limited to,
printouts, magnetic or optical storage media, punch cards, or
data stored internally in the memory of the computer.
"Debit card" means any instrument or device, known by any
name, issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services, and
anything else of value, payment of which is made against funds
previously deposited by the cardholder. A debit card which also
can be used to obtain money, goods, services and anything else
of value on credit shall not be considered a debit card when it
is being used to obtain money, goods, services or anything else
of value on credit.
"Document" includes, but is not limited to, any document,
representation, or image produced manually, electronically, or
by computer.
"Electronic fund transfer terminal" means any machine or
device that, when properly activated, will perform any of the
following services:
(1) Dispense money as a debit to the cardholder's
account; or
(2) Print the cardholder's account balances on a
statement; or
(3) Transfer funds between a cardholder's accounts; or
(4) Accept payments on a cardholder's loan; or
(5) Dispense cash advances on an open end credit or a

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revolving charge agreement; or
(6) Accept deposits to a customer's account; or
(7) Receive inquiries of verification of checks and
dispense information that verifies that funds are
available to cover such checks; or
(8) Cause money to be transferred electronically from a
cardholder's account to an account held by any business,
firm, retail merchant, corporation, or any other
organization.
"Electronic funds transfer system", hereafter referred to
as "EFT System", means that system whereby funds are
transferred electronically from a cardholder's account to any
other account.
"Electronic mail service provider" means any person who (i)
is an intermediary in sending or receiving electronic mail and
(ii) provides to end-users of electronic mail services the
ability to send or receive electronic mail.
"Expired credit card or debit card" means a credit card or
debit card which is no longer valid because the term on it has
elapsed.
"False academic degree" means a certificate, diploma,
transcript, or other document purporting to be issued by an
institution of higher learning or purporting to indicate that a
person has completed an organized academic program of study at
an institution of higher learning when the person has not
completed the organized academic program of study indicated on

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the certificate, diploma, transcript, or other document.
"False claim" means any statement made to any insurer,
purported insurer, servicing corporation, insurance broker, or
insurance agent, or any agent or employee of one of those
entities, and made as part of, or in support of, a claim for
payment or other benefit under a policy of insurance, or as
part of, or in support of, an application for the issuance of,
or the rating of, any insurance policy, when the statement does
any of the following:
(1) Contains any false, incomplete, or misleading
information concerning any fact or thing material to the
claim.
(2) Conceals (i) the occurrence of an event that is
material to any person's initial or continued right or
entitlement to any insurance benefit or payment or (ii) the
amount of any benefit or payment to which the person is
entitled.
"Financial institution" means any bank, savings and loan
association, credit union, or other depository of money or
medium of savings and collective investment.
"Governmental entity" means: each officer, board,
commission, and agency created by the Constitution, whether in
the executive, legislative, or judicial branch of State
government; each officer, department, board, commission,
agency, institution, authority, university, and body politic
and corporate of the State; each administrative unit or

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corporate outgrowth of State government that is created by or
pursuant to statute, including units of local government and
their officers, school districts, and boards of election
commissioners; and each administrative unit or corporate
outgrowth of the foregoing items and as may be created by
executive order of the Governor.
"Incomplete credit card or debit card" means a credit card
or debit card which is missing part of the matter other than
the signature of the cardholder which an issuer requires to
appear on the credit card or debit card before it can be used
by a cardholder, and this includes credit cards or debit cards
which have not been stamped, embossed, imprinted or written on.
"Institution of higher learning" means a public or private
college, university, or community college located in the State
of Illinois that is authorized by the Board of Higher Education
or the Illinois Community College Board to issue post-secondary
degrees, or a public or private college, university, or
community college located anywhere in the United States that is
or has been legally constituted to offer degrees and
instruction in its state of origin or incorporation.
"Insurance company" means "company" as defined under
Section 2 of the Illinois Insurance Code.
"Issuer" means the business organization or financial
institution which issues a credit card or debit card, or its
duly authorized agent.
"Merchant" has the meaning ascribed to it in Section 16-0.1

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of this Code.
"Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association or any other entity.
"Receives" or "receiving" means acquiring possession or
control.
"Record of charge form" means any document submitted or
intended to be submitted to an issuer as evidence of a credit
transaction for which the issuer has agreed to reimburse
persons providing money, goods, property, services or other
things of value.
"Revoked credit card or debit card" means a credit card or
debit card which is no longer valid because permission to use
it has been suspended or terminated by the issuer.
"Sale" means any delivery for value.
"Scheme or artifice to defraud" includes a scheme or
artifice to deprive another of the intangible right to honest
services.
"Self-insured entity" means any person, business,
partnership, corporation, or organization that sets aside
funds to meet his, her, or its losses or to absorb fluctuations
in the amount of loss, the losses being charged against the
funds set aside or accumulated.
"Social networking website" means an Internet website
containing profile web pages of the members of the website that
include the names or nicknames of such members, photographs

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placed on the profile web pages by such members, or any other
personal or personally identifying information about such
members and links to other profile web pages on social
networking websites of friends or associates of such members
that can be accessed by other members or visitors to the
website. A social networking website provides members of or
visitors to such website the ability to leave messages or
comments on the profile web page that are visible to all or
some visitors to the profile web page and may also include a
form of electronic mail for members of the social networking
website.
"Statement" means any assertion, oral, written, or
otherwise, and includes, but is not limited to: any notice,
letter, or memorandum; proof of loss; bill of lading; receipt
for payment; invoice, account, or other financial statement;
estimate of property damage; bill for services; diagnosis or
prognosis; prescription; hospital, medical, or dental chart or
other record, x-ray, photograph, videotape, or movie film; test
result; other evidence of loss, injury, or expense;
computer-generated document; and data in any form.
"Universal Price Code Label" means a unique symbol that
consists of a machine-readable code and human-readable
numbers.
"With intent to defraud" means to act knowingly, and with
the specific intent to deceive or cheat, for the purpose of
causing financial loss to another or bringing some financial

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gain to oneself, regardless of whether any person was actually
defrauded or deceived. This includes an intent to cause another
to assume, create, transfer, alter, or terminate any right,
obligation, or power with reference to any person or property.
(Source: P.A. 101-87, eff. 1-1-20.)