Fabio
120 lines
9.7 KiB
Markdown
120 lines
9.7 KiB
Markdown
---
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type: "Bill"
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title: "COUNTERFEIT TRADEMARK-RETAIL"
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description: "Amends the Counterfeit Trademark Act. Defines counterfeit mark as a spurious mark that is applied to or used with any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation on packaging or any other components that are designed, marketed, or used with any goods or services that is identical or substantially indistinguishable from a registered mark whether or not the defendant knew the mark was registered and the application or use of the mark is likely to cause confusion or mistake or to deceive. Deletes provision that states that a \"mark\" includes any trademark or service mark whether registered or not. Provides that a \"trademark\" means anything adopted and used by a person to identify goods which distinguishes them from other goods and registered in Illinois, another state, or with the U.S. Patent and Trademark Office (instead of identify goods which distinguishes them from other goods). Provides definitions of \"retail value\", \"bodily injury\", and \"serious bodily injury\". Provides that a person who knowingly offers or sells counterfeit items having a retail value is guilty of a crime and increases the class of criminal offenses and the fines for those offenses. Provides that a peace officer shall (instead of may) upon probable cause seize any counterfeit items, counterfeit marks, or any component (instead of goods, wares, merchandise, or other product that has a counterfeit mark) and shall, upon probable cause, seize any proceeds from an Act violation."
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jurisdiction: "us/states/il"
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legislature: "Illinois General Assembly"
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session: "96th"
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identifier: "SB 1631"
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citation: "Illinois SB 1631 (96th)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: []
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version_count: 3
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action_count: 58
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vote_count: 4
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first_action: "2009-02-19"
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last_action: "2009-08-24"
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source: "openstates"
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source_identifier: "ocd-bill/880c3338-4515-463f-85af-450e8b0c5d62"
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source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=1631&GAID=10&DocTypeID=SB&LegId=44297&SessionID=76&GA=96"
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source_hash: "4bf3c837d2c082416a3441f28dd542c39c0c9c01f653a03cb85650bfd53e36e6"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-il"]
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---
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# Illinois SB 1631 (96th) — COUNTERFEIT TRADEMARK-RETAIL
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Amends the Counterfeit Trademark Act. Defines counterfeit mark as a spurious mark that is applied to or used with any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation on packaging or any other components that are designed, marketed, or used with any goods or services that is identical or substantially indistinguishable from a registered mark whether or not the defendant knew the mark was registered and the application or use of the mark is likely to cause confusion or mistake or to deceive. Deletes provision that states that a "mark" includes any trademark or service mark whether registered or not. Provides that a "trademark" means anything adopted and used by a person to identify goods which distinguishes them from other goods and registered in Illinois, another state, or with the U.S. Patent and Trademark Office (instead of identify goods which distinguishes them from other goods). Provides definitions of "retail value", "bodily injury", and "serious bodily injury". Provides that a person who knowingly offers or sells counterfeit items having a retail value is guilty of a crime and increases the class of criminal offenses and the fines for those offenses. Provides that a peace officer shall (instead of may) upon probable cause seize any counterfeit items, counterfeit marks, or any component (instead of goods, wares, merchandise, or other product that has a counterfeit mark) and shall, upon probable cause, seize any proceeds from an Act violation.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09600SB1631&GA=96&SessionId=76&DocTypeId=SB&LegID=44297&DocNum=1631&GAID=10&Session=&print=true)
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2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09600SB1631eng&GA=96&SessionId=76&DocTypeId=SB&LegID=44297&DocNum=1631&GAID=10&Session=&print=true)
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3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09600SB1631enr&GA=96&SessionId=76&DocTypeId=SB&LegID=44297&DocNum=1631&GAID=10&Session=&print=true)
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## Votes
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- Third Reading — **56–0** (pass) · upper
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- Concurrence, Amendment 1 — **56–0** (pass) · upper
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- Concurrence, Amendment 2 — **56–0** (pass) · upper
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- Third Reading — **110–0** (pass) · lower
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## Sponsors
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- Ira I. Silverstein — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2009-02-19** Filed with Secretary by Sen. Ira I. Silverstein `filing`
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- **2009-02-19** First Reading `reading-1`
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- **2009-02-19** Referred to Assignments `referral-committee`
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- **2009-02-25** Added as Co-Sponsor Sen. William R. Haine
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- **2009-02-25** Assigned to Consumer Protection `referral-committee`
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- **2009-02-26** Added as Chief Co-Sponsor Sen. Dale A. Righter
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- **2009-03-06** Postponed - Consumer Protection
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- **2009-03-12** Do Pass Consumer Protection; 009-000-000 `committee-passage`
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- **2009-03-12** Placed on Calendar Order of 2nd Reading March 17, 2009
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- **2009-03-18** Added as Chief Co-Sponsor Sen. Kirk W. Dillard
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- **2009-03-24** Added as Chief Co-Sponsor Sen. Linda Holmes
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- **2009-03-24** Second Reading `reading-2`
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- **2009-03-24** Placed on Calendar Order of 3rd Reading March 25, 2009
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- **2009-03-24** Added as Chief Co-Sponsor Sen. A. J. Wilhelmi
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- **2009-04-01** Added as Co-Sponsor Sen. Martin A. Sandoval
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- **2009-04-01** Added as Co-Sponsor Sen. Randall M. Hultgren
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- **2009-04-01** Third Reading - Passed; 056-000-000 `reading-3, passage`
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- **2009-04-01** Arrived in House `introduction`
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- **2009-04-01** Placed on Calendar Order of First Reading `reading-1`
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- **2009-04-01** Chief House Sponsor Rep. Lou Lang
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- **2009-04-01** Added Alternate Chief Co-Sponsor Rep. Michael G. Connelly
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- **2009-04-01** Added Alternate Chief Co-Sponsor Rep. Chapin Rose
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- **2009-04-01** First Reading `reading-1`
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- **2009-04-01** Referred to Rules Committee `referral-committee`
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- **2009-04-14** Assigned to Judiciary I - Civil Law Committee `referral-committee`
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- **2009-04-22** Do Pass / Short Debate Judiciary I - Civil Law Committee; 014-000-000 `committee-passage`
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- **2009-04-22** Placed on Calendar 2nd Reading - Short Debate
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- **2009-04-23** House Floor Amendment No. 1 Filed with Clerk by Rep. Lou Lang `amendment-introduction`
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- **2009-04-23** House Floor Amendment No. 1 Referred to Rules Committee `referral-committee`
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- **2009-04-28** House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000 `committee-passage-favorable`
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- **2009-04-30** Second Reading - Short Debate `reading-2`
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- **2009-04-30** Held on Calendar Order of Second Reading - Short Debate `reading-2`
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- **2009-04-30** House Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang `amendment-introduction`
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- **2009-04-30** House Floor Amendment No. 2 Referred to Rules Committee `referral-committee`
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- **2009-05-11** House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000 `committee-passage-favorable`
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- **2009-05-12** Second Reading - Short Debate `reading-2`
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- **2009-05-12** House Floor Amendment No. 1 Adopted by Voice Vote `amendment-passage`
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- **2009-05-12** House Floor Amendment No. 2 Adopted by Voice Vote `amendment-passage`
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- **2009-05-12** Placed on Calendar Order of 3rd Reading - Short Debate
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- **2009-05-14** Third Reading - Short Debate - Passed 110-000-000 `reading-3, passage`
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- **2009-05-14** Added Alternate Chief Co-Sponsor Rep. Al Riley
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- **2009-05-15** Secretary's Desk - Concurrence House Amendment(s) 1, 2
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- **2009-05-15** Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 17, 2009
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- **2009-05-19** House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein `filing`
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- **2009-05-19** House Floor Amendment No. 1 Motion to Concur Referred to Assignments `referral-committee`
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- **2009-05-19** House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein `filing`
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- **2009-05-19** House Floor Amendment No. 2 Motion to Concur Referred to Assignments `referral-committee`
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- **2009-05-22** House Floor Amendment No. 1 Motion to Concur Assignments Referred to Consumer Protection `referral-committee`
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- **2009-05-22** House Floor Amendment No. 2 Motion to Concur Assignments Referred to Consumer Protection `referral-committee`
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- **2009-05-26** House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Consumer Protection; 006-000-000
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- **2009-05-26** House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Consumer Protection; 006-000-000
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- **2009-05-27** House Floor Amendment No. 1 Senate Concurs 056-000-000
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- **2009-05-27** House Floor Amendment No. 2 Senate Concurs 056-000-000
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- **2009-05-27** Passed Both Houses
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- **2009-06-25** Sent to the Governor `executive-receipt`
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- **2009-08-24** Governor Approved `executive-signature`
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- **2009-08-24** Effective Date January 1, 2010
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- **2009-08-24** Public Act . . . . . . . . . 96-0631 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/880c3338-4515-463f-85af-450e8b0c5d62`. Confidence: reported (aggregated from official Illinois legislature records).
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