HB 1656 — CRIM-IDENTIFYING INFORMATION

*LRB10108581SLF53660b* HB1656 101STEngrossed GENERALLRB101 ASSEMBLY08581 StateSLF of53660 Illinoisb andAN 2020ACT HB1656concerning bycriminal Rep.law.

Margo McDermed SYNOPSIS AS INTRODUCED:

ILCS 5/16-0.1 Amends the Criminal Code of 2012.

Defines "personal identifying information" for purposes of identity theft to include (1) any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional and (2) a person's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify a person, or any information in an individual's application and claims history, including, but not limited to, appeals history.

LRB101 08581 SLF 53660 b A BILL FOR HB1656 LRB101 08581 SLF 53660 b AN ACT concerning criminal law.

"Communication device" means any type of instrument, device, machine, or equipment which is capable of transmitting, acquiring, decrypting, or receiving any telephonic, electronic, data, Internet access, audio, video, microwave, or radio transmissions, signals, communications, or services, HB1656 Engrossed - 2 - LRB101 08581 SLF 53660 b including the receipt, acquisition, transmission, or decryption of all such communications, transmissions, signals, or services provided by or through any cable television, fiber optic, telephone, satellite, microwave, radio, Internet-based, data transmission, or wireless distribution network, system or facility;

and also any service lawfully provided by any radio, telephone, cable television, fiber optic, satellite, microwave, Internet-based or wireless distribution network, system, facility or technology, including, but not limited to, any and all electronic, data, video, audio, Internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services HB1656 Engrossed - 3 - LRB101 08581 SLF 53660 b lawfully provided directly or indirectly by or through any of those networks, systems, facilities or technologies.

"Delivery container" means any bakery basket of wire or plastic used to transport or store bread or bakery products, any dairy case of wire or plastic used to transport or store HB1656 Engrossed - 4 - LRB101 08581 SLF 53660 b dairy products, and any dolly or cart of 2 or 4 wheels used to transport or store any bakery or dairy product.

(B) Certifying or guaranteeing to a person or business the availability to the device holder of funds HB1656 Engrossed - 5 - LRB101 08581 SLF 53660 b on deposit to honor a draft or check payable to the order of that person or business.

"Library card" means a card or plate issued by a library HB1656 Engrossed - 6 - LRB101 08581 SLF 53660 b facility for purposes of identifying the person to whom the library card was issued as authorized to borrow library material, subject to all limitations and conditions imposed on the borrowing by the library facility issuing such card.

"Manufacture or assembly of an unlawful access device" means to make, produce or assemble an unlawful access device or to modify, alter, program or re-program any instrument, device, machine, equipment or software so that it is capable of defeating or circumventing any technology, device or software used by the provider, owner or licensee of a communication service or of any data, audio or video programs or transmissions to protect any such communication, data, audio or video services, programs or transmissions from unauthorized access, acquisition, disclosure, receipt, decryption, HB1656 Engrossed - 7 - LRB101 08581 SLF 53660 b communication, transmission or re-transmission.

"Merchant" also means a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a HB1656 Engrossed - 8 - LRB101 08581 SLF 53660 b payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.

"Personal identification document" means a birth certificate, a driver's license, a State identification card, a public, government, or private employment identification card, a social security card, a firearm owner's identification card, a credit card, a debit card, or a passport issued to or on behalf of a person other than the offender, or any document made or issued, or falsely purported to have been made or issued, by or under the authority of the United States Government, the State of Illinois, or any other state political HB1656 Engrossed - 9 - LRB101 08581 SLF 53660 b subdivision of any state, or any other governmental or quasi-governmental organization that is of a type intended for the purpose of identification of an individual, or any such document made or altered in a manner that it falsely purports to have been made on behalf of or issued to another person or by the authority of one who did not give that authority.

(10) The number assigned to a person's credit or debit card, commonly known as a "Visa Card", "MasterCard", "American Express Card", "Discover Card", or other similar HB1656 Engrossed - 10 - LRB101 08581 SLF 53660 b cards whether issued by a financial institution, corporation, or business entity.

any HB1656 Engrossed - 11 - LRB101 08581 SLF 53660 b common use areas in shopping centers;

"Radio frequency identification device" means any implement, computer file, computer disc, electronic device, computer hardware, computer software, or instrument that is used to activate, read, receive, or decode information stored HB1656 Engrossed - 12 - LRB101 08581 SLF 53660 b on a RFID tag or transponder attached to a personal identification document.

"Sound or audio visual recording" means any sound or audio visual phonograph record, disc, pre-recorded tape, film, wire, magnetic tape or other object, device or medium, now known or HB1656 Engrossed - 13 - LRB101 08581 SLF 53660 b hereafter invented, by which sounds or images may be reproduced with or without the use of any additional machine, equipment or device.

"Unlawful access device" means any type of instrument, device, machine, equipment, technology, or software which is primarily possessed, used, designed, assembled, manufactured, sold, distributed or offered, promoted or advertised for the purpose of defeating or circumventing any technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions to protect any such communication, audio or video services, programs or transmissions from unauthorized access, acquisition, receipt, decryption, disclosure, communication, transmission or HB1656 Engrossed - 14 - LRB101 08581 SLF 53660 b re-transmission.

and (2) any communication or wireless device which is capable of, or has been altered, designed, modified, programmed or reprogrammed, alone or in conjunction with another communication or wireless device or devices, so as to be capable of, facilitating the disruption, HB1656 Engrossed - 15 - LRB101 08581 SLF 53660 b acquisition, receipt, transmission or decryption of a communication service without the express consent or express authorization of the communication service provider, including, but not limited to, any device, technology, product, service, equipment, computer software or component or part thereof, primarily distributed, sold, designed, assembled, manufactured, modified, programmed, reprogrammed or used for the purpose of providing the unauthorized receipt of, transmission of, disruption of, decryption of, access to or acquisition of any communication service provided by any communication service provider.