Illinois 2023-2024 Regular Session

Illinois House Bill HB2891

Introduced
2/16/23  
Introduced
2/16/23  
Refer
2/23/23  
Refer
2/16/23  
Refer
3/10/23  
Refer
2/23/23  

Caption

CRIM-ELECTRONIC FUND TRANSFER

Impact

The significant impact of HB 2891 lies in its potential deterrent effect against crimes that target electronic fund transfer terminals, which are increasingly common in modern banking and commerce. By classifying forcible withdrawal as a Class 1 felony, the measure sends a clear message that such acts will not be tolerated and will be met with severe legal repercussions. This bill also amends the Unified Code of Corrections, establishing that committing first-degree murder during a forcible withdrawal constitutes an aggravating factor during sentencing, which may lead to harsher penalties for offenders.

Summary

House Bill 2891, also known as the Zingher-Cleary-Feitler Act, amends the Criminal Code of 2012 in Illinois to introduce the offense of forcible withdrawal from an electronic fund transfer terminal. This bill defines forcible withdrawal as the act of using or threatening force against another person in order to withdraw money from an electronic fund transfer terminal. The bill categorizes this offense as a Class 1 felony, reflecting the seriousness with which such conduct is viewed under state law. The inclusion of electronic fund transfer terminals specifically highlights the evolution of crime in the digital age, acknowledging the need to address contemporary forms of theft and violence.

Contention

While the bill has been positioned as a necessary update to criminal law to keep pace with changing technology, it may raise discussions regarding the interpretation of 'force' and the legal definitions that could affect prosecution in real-world cases. Additionally, debates may arise concerning the effectiveness of increasing penalties as a deterrent, with some arguing for a more nuanced approach to crime prevention that focuses on addressing underlying societal issues. As the bill progresses, lawmakers and stakeholders may examine how these legal definitions align with the realities of crime and public safety.

Companion Bills

No companion bills found.

Previously Filed As

IL HB332

Consumer Protection – Electronic Funds Transfers – Regulations (Elder Fraud Prevention Act of 2025)

IL HB152

Consumer Protection - Electronic Funds Transfers - Regulations (Elder Fraud Prevention Act of 2026)

IL HB0152

Consumer Protection - Electronic Funds Transfers - Regulations (Elder Fraud Prevention Act of 2026)

IL HB5299

CD CORR-ELECTRONIC FND CAP

IL SB659

Consumer Protection - Electronic Funds Transfers - Regulations (Elder Fraud Prevention Act of 2025)

IL HB3746

CRIM CD-HARASS ELECTRON-CIVIL

IL HB44

Health plans; prohibit from imposing fees on health care providers for electronic fund transfers.

IL SB177

General Fund Transfers To Other Funds

IL S3570

Requires availability of electronic fund transfers by health insurance carriers to reimburse covered persons.

IL A1824

Requires availability of electronic fund transfers by health insurance carriers to reimburse covered persons.

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