Full Text of HB5514 96th General Assembly
HB5514eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Roofing Industry Licensing Act is | 5 |
| amended by changing Section 5 as follows:
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| (225 ILCS 335/5) (from Ch. 111, par. 7505)
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| (Section scheduled to be repealed on January 1, 2016)
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| Sec. 5. Display of license number; advertising.
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| (a) Each State licensed roofing contractor shall
affix the | 10 |
| roofing contractor license number and the licensee's name, as | 11 |
| it appears on the license, the
license number of his or her | 12 |
| license to all of his
or
her contracts and bids. In
addition, | 13 |
| the official issuing building permits shall affix the
roofing | 14 |
| contractor license number to each application for a building | 15 |
| permit
and on
each building permit issued and recorded.
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| (a-5) A person who knowingly, in the course of applying If | 17 |
| a general contractor applies for a building permit with a unit | 18 |
| of local government , provides the and knowingly submits a | 19 |
| roofing license number that is not that of a the roofing | 20 |
| contractor whom he or she does not intend to have perform the | 21 |
| work on the roofing portion of who will be the subcontractor | 22 |
| for the project commits for which the general contractor has | 23 |
| requested the permit, the general contractor shall be guilty of |
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| identity theft under paragraph (8) of subsection (a) of Section | 2 |
| 16G-15 of the Criminal Code of 1961. | 3 |
| (b) In addition, every roofing contractor shall affix the
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| roofing
contractor license number and the licensee's name, as | 5 |
| it appears on the license, on all commercial vehicles used as
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| part
of his
or her business as a roofing contractor.
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| (c) Every holder of a license shall
display it in a
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| conspicuous place in his or her principal office, place of | 9 |
| business, or place
of employment.
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| (d) No person licensed under this Act may advertise | 11 |
| services regulated by
this Act unless that person includes in | 12 |
| the advertisement the roofing contractor license number and the | 13 |
| licensee's name, as it appears on the license his or her | 14 |
| license
number . Nothing contained in this subsection requires | 15 |
| the publisher of
advertising for roofing contractor services to | 16 |
| investigate or verify the
accuracy of the
license number | 17 |
| provided by the licensee.
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| (e) A person who advertises services regulated by this Act | 19 |
| who knowingly (i)
fails to display the license number and the | 20 |
| licensee's name, as it appears on the license, in any manner | 21 |
| required by this Section,
(ii) fails to provide a publisher | 22 |
| with the correct license number as required
by subsection (d), | 23 |
| or (iii) provides a publisher with a false license number or
a | 24 |
| license number of another person, or a person who knowingly | 25 |
| allows his or her
license number to be displayed or used by | 26 |
| another person to circumvent any
provisions of this Section, is |
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| guilty of a Class A misdemeanor with a fine of
$1,000, and, in | 2 |
| addition, is subject to the administrative enforcement
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| provisions of this Act.
Each day that an advertisement runs or | 4 |
| each day that a person knowingly allows
his or her license to | 5 |
| be displayed or used in violation of this Section
constitutes a | 6 |
| separate offense.
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| (Source: P.A. 96-624, eff. 1-1-10.)
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| Section 10. The Criminal Code of 1961 is amended by | 9 |
| changing Section 16G-15 as follows:
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| (720 ILCS 5/16G-15)
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| Sec. 16G-15. Identity theft.
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| (a) A person commits the offense of identity theft when he | 13 |
| or
she
knowingly:
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| (1) uses any personal
identifying information or | 15 |
| personal identification document of another
person to | 16 |
| fraudulently obtain credit, money, goods, services, or | 17 |
| other
property, or
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| (2) uses any personal identification information or | 19 |
| personal
identification document of another with intent to | 20 |
| commit any felony theft
or other felony violation of State | 21 |
| law not set forth in
paragraph (1) of this subsection (a), | 22 |
| or
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| (3) obtains, records, possesses, sells, transfers, | 24 |
| purchases, or
manufactures any personal identification |
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| information or personal
identification document of another | 2 |
| with intent to commit or to aid or abet
another in | 3 |
| committing any felony theft or other felony violation of
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| State law, or
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| (4) uses, obtains, records, possesses, sells, | 6 |
| transfers, purchases,
or manufactures any personal | 7 |
| identification information or
personal identification | 8 |
| document of another knowing that such
personal | 9 |
| identification information or personal identification
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| documents were stolen or produced without lawful | 11 |
| authority, or
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| (5) uses, transfers, or possesses document-making | 13 |
| implements to
produce false identification or false | 14 |
| documents with knowledge that
they will be used by the | 15 |
| person or another to commit any felony theft or other
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| felony violation of State law, or
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| (6) uses any personal identification information or | 18 |
| personal identification document of another to portray | 19 |
| himself or herself as that person, or otherwise, for the | 20 |
| purpose of gaining access to any personal identification | 21 |
| information or personal identification document of that | 22 |
| person, without the prior express permission of that | 23 |
| person, or | 24 |
| (7) uses any personal identification information or | 25 |
| personal identification document of another for the | 26 |
| purpose of gaining access to any record of the actions |
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| taken, communications made or received, or other | 2 |
| activities or transactions of that person, without the | 3 |
| prior express permission of that person , or .
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| (8) in the course of applying for a building permit | 5 |
| with a unit of a local government, provides the license | 6 |
| number of a roofing contractor whom he or she does not | 7 |
| intend to have perform the work on the roofing portion of | 8 |
| the project. It is an affirmative defense to prosecution | 9 |
| under this paragraph (8) that the building permit applicant | 10 |
| promptly informed the unit of local government that issued | 11 |
| the building permit of any change in the roofing | 12 |
| contractor. | 13 |
| (b) Knowledge shall be determined by an evaluation of all | 14 |
| circumstances
surrounding the use of the other
person's | 15 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 17 |
| goods,
services, or other property
exceeding a specified value | 18 |
| is brought the value of the credit, money, goods,
services, or | 19 |
| other property is
an element of the offense to be resolved by | 20 |
| the trier of fact as either
exceeding or not exceeding the
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| specified value.
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| (d) Sentence.
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| (1) A person convicted of identity theft in violation | 24 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 25 |
| follows:
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| (A) Identity theft of credit, money, goods, |
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| services, or
other
property not exceeding $300 in
value | 2 |
| is a Class 4 felony. A person who has been previously | 3 |
| convicted of
identity theft of
less than $300 who is | 4 |
| convicted of a second or subsequent offense of
identity | 5 |
| theft of less than
$300 is guilty of a Class 3 felony. | 6 |
| A person who has been convicted of identity
theft of | 7 |
| less than
$300 who has been previously convicted of any | 8 |
| type of theft, robbery, armed
robbery, burglary, | 9 |
| residential
burglary, possession of burglary tools, | 10 |
| home invasion, home repair fraud,
aggravated home | 11 |
| repair fraud, or
financial exploitation of an elderly | 12 |
| or disabled person is guilty of a Class 3
felony. | 13 |
| Identity theft of credit, money, goods, services, or
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| other
property not exceeding $300 in
value when the | 15 |
| victim of the identity theft is an active duty member | 16 |
| of the Armed Services or Reserve Forces of the United | 17 |
| States or of the Illinois National Guard serving in a | 18 |
| foreign country is a Class 3 felony. A person who has | 19 |
| been previously convicted of
identity theft of
less | 20 |
| than $300 who is convicted of a second or subsequent | 21 |
| offense of
identity theft of less than
$300 when the | 22 |
| victim of the identity theft is an active duty member | 23 |
| of the Armed Services or Reserve Forces of the United | 24 |
| States or of the Illinois National Guard serving in a | 25 |
| foreign country is guilty of a Class 2 felony. A person | 26 |
| who has been convicted of identity
theft of less than
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| $300 when the victim of the identity theft is an active | 2 |
| duty member of the Armed Services or Reserve Forces of | 3 |
| the United States or of the Illinois National Guard | 4 |
| serving in a foreign country who has been previously | 5 |
| convicted of any type of theft, robbery, armed
robbery, | 6 |
| burglary, residential
burglary, possession of burglary | 7 |
| tools, home invasion, home repair fraud,
aggravated | 8 |
| home repair fraud, or
financial exploitation of an | 9 |
| elderly or disabled person is guilty of a Class 2
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| felony. When a person has any
such prior conviction, | 11 |
| the information or indictment charging that person | 12 |
| shall
state the prior conviction so
as to give notice | 13 |
| of the State's intention to treat the charge as a Class | 14 |
| 3 felony. The
fact of the prior conviction is
not an | 15 |
| element of the offense and may not be disclosed to the | 16 |
| jury during trial
unless otherwise permitted
by issues | 17 |
| properly raised during the trial.
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| (B) Identity theft of credit, money, goods,
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| services, or other
property exceeding $300 and not
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| exceeding $2,000 in value is a Class 3 felony. Identity | 21 |
| theft of credit, money, goods,
services, or other
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| property exceeding $300 and not
exceeding $2,000 in | 23 |
| value when the victim of the identity theft is an | 24 |
| active duty member of the Armed Services or Reserve | 25 |
| Forces of the United States or of the Illinois National | 26 |
| Guard serving in a foreign country is a Class 2 felony.
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| (C) Identity theft of credit, money, goods,
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| services, or other
property exceeding $2,000 and not
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| exceeding $10,000 in value is a Class 2 felony. | 4 |
| Identity theft of credit, money, goods,
services, or | 5 |
| other
property exceeding $2,000 and not
exceeding | 6 |
| $10,000 in value when the victim of the identity theft | 7 |
| is an active duty member of the Armed Services or | 8 |
| Reserve Forces of the United States or of the Illinois | 9 |
| National Guard serving in a foreign country is a Class | 10 |
| 1 felony.
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| (D) Identity theft of credit, money, goods,
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| services, or other
property exceeding $10,000 and
not | 13 |
| exceeding $100,000 in value is a Class 1 felony. | 14 |
| Identity theft of credit, money, goods,
services, or | 15 |
| other
property exceeding $10,000 and
not exceeding | 16 |
| $100,000 in value when the victim of the identity theft | 17 |
| is an active duty member of the Armed Services or | 18 |
| Reserve Forces of the United States or of the Illinois | 19 |
| National Guard serving in a foreign country is a Class | 20 |
| X felony.
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| (E) Identity theft of credit, money, goods,
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| services, or
other property exceeding $100,000 in
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| value is a Class X felony.
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| (2) A person convicted of any offense enumerated in | 25 |
| paragraphs
(2) through (7) of subsection (a) is guilty of a | 26 |
| Class 3 felony. A person convicted of any offense |
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| enumerated in paragraphs
(2) through (7) of subsection (a) | 2 |
| when the victim of the identity theft is an active duty | 3 |
| member of the Armed Services or Reserve Forces of the | 4 |
| United States or of the Illinois National Guard serving in | 5 |
| a foreign country is guilty of a Class 2 felony.
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| (3) A person convicted of any offense enumerated in | 7 |
| paragraphs
(2) through (5) of subsection (a) a second or | 8 |
| subsequent time is
guilty of a Class 2 felony. A person | 9 |
| convicted of any offense enumerated in paragraphs
(2) | 10 |
| through (5) of subsection (a) a second or subsequent time | 11 |
| when the victim of the identity theft is an active duty | 12 |
| member of the Armed Services or Reserve Forces of the | 13 |
| United States or of the Illinois National Guard serving in | 14 |
| a foreign country is
guilty of a Class 1 felony.
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| (4) A person who, within a 12 month period, is found in | 16 |
| violation
of any offense enumerated in paragraphs (2) | 17 |
| through (7) of
subsection (a) with respect to the | 18 |
| identifiers of, or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is | 20 |
| guilty
of a Class 2 felony. A person who, within a 12 month | 21 |
| period, is found in violation
of any offense enumerated in | 22 |
| paragraphs (2) through (7) of
subsection (a) with respect | 23 |
| to the identifiers of, or other information relating to, 3 | 24 |
| or more
separate individuals, at the same time or | 25 |
| consecutively, when the victim of the identity theft is an | 26 |
| active duty member of the Armed Services or Reserve Forces |
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| of the United States or of the Illinois National Guard | 2 |
| serving in a foreign country is guilty
of a Class 1 felony.
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| (5) A person convicted of identity theft in violation | 4 |
| of paragraph (2) of subsection (a) who uses any personal | 5 |
| identification information or personal
identification | 6 |
| document of another to purchase methamphetamine | 7 |
| manufacturing material as defined in Section 10 of the | 8 |
| Methamphetamine Control and Community Protection Act with | 9 |
| the intent to unlawfully manufacture methamphetamine is | 10 |
| guilty of a Class 2 felony for a first offense and a Class | 11 |
| 1 felony for a second or subsequent offense.
A person | 12 |
| convicted of identity theft in violation of paragraph (2) | 13 |
| of subsection (a) who uses any personal identification | 14 |
| information or personal
identification document of another | 15 |
| to purchase methamphetamine manufacturing material as | 16 |
| defined in Section 10 of the Methamphetamine Control and | 17 |
| Community Protection Act with the intent to unlawfully | 18 |
| manufacture methamphetamine when the victim of the | 19 |
| identity theft is an active duty member of the Armed | 20 |
| Services or Reserve Forces of the United States or of the | 21 |
| Illinois National Guard serving in a foreign country is | 22 |
| guilty of a Class 1 felony for a first offense and a Class | 23 |
| X felony for a second or subsequent offense.
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| (6) A person convicted of identity theft in violation | 25 |
| of paragraph (8) of subsection (a) of this Section shall be | 26 |
| guilty of a Class 4 felony. |
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| (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | 2 |
| 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | 3 |
| 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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