Full Text of HB5514 96th General Assembly
HB5514ham001 96TH GENERAL ASSEMBLY | Business & Occupational Licenses Committee Adopted in House Comm. on Mar 03, 2010
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| 1 | | AMENDMENT TO HOUSE BILL 5514
| 2 | | AMENDMENT NO. ______. Amend House Bill 5514 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Roofing Industry Licensing Act is | 5 | | amended by changing Section 5 as follows:
| 6 | | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| 7 | | (Section scheduled to be repealed on January 1, 2016)
| 8 | | Sec. 5. Display of license number; advertising.
| 9 | | (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.
| 16 | | (a-5) A person who knowingly, in the course of applying If |
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| 1 | | a general contractor applies for a building permit with a unit | 2 | | of local government , provides the and knowingly submits a | 3 | | roofing license number that is not that of a the roofing | 4 | | contractor whom he or she does not intend to have perform the | 5 | | work on the roofing portion of who will be the subcontractor | 6 | | for the project commits for which the general contractor has | 7 | | requested the permit, the general contractor shall be guilty of | 8 | | identity theft under paragraph (8) of subsection (a) of Section | 9 | | 16G-15 of the Criminal Code of 1961. | 10 | | (b) In addition, every roofing contractor shall affix the
| 11 | | roofing
contractor license number and the licensee's name, as | 12 | | it appears on the license, on all commercial vehicles used as
| 13 | | part
of his
or her business as a roofing contractor.
| 14 | | (c) Every holder of a license shall
display it in a
| 15 | | conspicuous place in his or her principal office, place of | 16 | | business, or place
of employment.
| 17 | | (d) No person licensed under this Act may advertise | 18 | | services regulated by
this Act unless that person includes in | 19 | | the advertisement the roofing contractor license number and the | 20 | | licensee's name, as it appears on the license his or her | 21 | | license
number . Nothing contained in this subsection requires | 22 | | the publisher of
advertising for roofing contractor services to | 23 | | investigate or verify the
accuracy of the
license number | 24 | | provided by the licensee.
| 25 | | (e) A person who advertises services regulated by this Act | 26 | | who knowingly (i)
fails to display the license number and the |
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| 1 | | licensee's name, as it appears on the license, in any manner | 2 | | required by this Section,
(ii) fails to provide a publisher | 3 | | with the correct license number as required
by subsection (d), | 4 | | or (iii) provides a publisher with a false license number or
a | 5 | | license number of another person, or a person who knowingly | 6 | | allows his or her
license number to be displayed or used by | 7 | | another person to circumvent any
provisions of this Section, is | 8 | | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | 9 | | addition, is subject to the administrative enforcement
| 10 | | provisions of this Act.
Each day that an advertisement runs or | 11 | | each day that a person knowingly allows
his or her license to | 12 | | be displayed or used in violation of this Section
constitutes a | 13 | | separate offense.
| 14 | | (Source: P.A. 96-624, eff. 1-1-10.)
| 15 | | Section 10. The Criminal Code of 1961 is amended by | 16 | | changing Section 16G-15 as follows:
| 17 | | (720 ILCS 5/16G-15)
| 18 | | Sec. 16G-15. Identity theft.
| 19 | | (a) A person commits the offense of identity theft when he | 20 | | or
she
knowingly:
| 21 | | (1) uses any personal
identifying information or | 22 | | personal identification document of another
person to | 23 | | fraudulently obtain credit, money, goods, services, or | 24 | | other
property, or
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| 1 | | (2) uses any personal identification information or | 2 | | personal
identification document of another with intent to | 3 | | commit any felony theft
or other felony violation of State | 4 | | law not set forth in
paragraph (1) of this subsection (a), | 5 | | or
| 6 | | (3) obtains, records, possesses, sells, transfers, | 7 | | purchases, or
manufactures any personal identification | 8 | | information or personal
identification document of another | 9 | | with intent to commit or to aid or abet
another in | 10 | | committing any felony theft or other felony violation of
| 11 | | State law, or
| 12 | | (4) uses, obtains, records, possesses, sells, | 13 | | transfers, purchases,
or manufactures any personal | 14 | | identification information or
personal identification | 15 | | document of another knowing that such
personal | 16 | | identification information or personal identification
| 17 | | documents were stolen or produced without lawful | 18 | | authority, or
| 19 | | (5) uses, transfers, or possesses document-making | 20 | | implements to
produce false identification or false | 21 | | documents with knowledge that
they will be used by the | 22 | | person or another to commit any felony theft or other
| 23 | | felony violation of State law, or
| 24 | | (6) uses any personal identification information or | 25 | | personal identification document of another to portray | 26 | | himself or herself as that person, or otherwise, for the |
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| 1 | | purpose of gaining access to any personal identification | 2 | | information or personal identification document of that | 3 | | person, without the prior express permission of that | 4 | | person, or | 5 | | (7) uses any personal identification information or | 6 | | personal identification document of another for the | 7 | | purpose of gaining access to any record of the actions | 8 | | taken, communications made or received, or other | 9 | | activities or transactions of that person, without the | 10 | | prior express permission of that person , or .
| 11 | | (8) in the course of applying for a building permit | 12 | | with a unit of a local government, provides the license | 13 | | number of a roofing contractor whom he or she does not | 14 | | intend to have perform the work on the roofing portion of | 15 | | the project. It is an affirmative defense to prosecution | 16 | | under this paragraph (8) that the building permit applicant | 17 | | promptly informed the unit of local government that issued | 18 | | the building permit of any change in the roofing | 19 | | contractor. | 20 | | (b) Knowledge shall be determined by an evaluation of all | 21 | | circumstances
surrounding the use of the other
person's | 22 | | identifying information or document.
| 23 | | (c) When a charge of identity theft of credit, money, | 24 | | goods,
services, or other property
exceeding a specified value | 25 | | is brought the value of the credit, money, goods,
services, or | 26 | | other property is
an element of the offense to be resolved by |
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| 1 | | the trier of fact as either
exceeding or not exceeding the
| 2 | | specified value.
| 3 | | (d) Sentence.
| 4 | | (1) A person convicted of identity theft in violation | 5 | | of paragraph (1)
of subsection (a) shall be sentenced as | 6 | | follows:
| 7 | | (A) Identity theft of credit, money, goods, | 8 | | services, or
other
property not exceeding $300 in
value | 9 | | is a Class 4 felony. A person who has been previously | 10 | | convicted of
identity theft of
less than $300 who is | 11 | | convicted of a second or subsequent offense of
identity | 12 | | theft of less than
$300 is guilty of a Class 3 felony. | 13 | | A person who has been convicted of identity
theft of | 14 | | less than
$300 who has been previously convicted of any | 15 | | type of theft, robbery, armed
robbery, burglary, | 16 | | residential
burglary, possession of burglary tools, | 17 | | home invasion, home repair fraud,
aggravated home | 18 | | repair fraud, or
financial exploitation of an elderly | 19 | | or disabled person is guilty of a Class 3
felony. | 20 | | Identity theft of credit, money, goods, services, or
| 21 | | other
property not exceeding $300 in
value 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 a Class 3 felony. A person who has | 26 | | been previously convicted of
identity theft of
less |
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| 1 | | than $300 who is convicted of a second or subsequent | 2 | | offense of
identity theft of less than
$300 when the | 3 | | victim of the identity theft is an active duty member | 4 | | of the Armed Services or Reserve Forces of the United | 5 | | States or of the Illinois National Guard serving in a | 6 | | foreign country is guilty of a Class 2 felony. A person | 7 | | who has been convicted of identity
theft of less than
| 8 | | $300 when the victim of the identity theft is an active | 9 | | duty member of the Armed Services or Reserve Forces of | 10 | | the United States or of the Illinois National Guard | 11 | | serving in a foreign country who has been previously | 12 | | convicted of any type of theft, robbery, armed
robbery, | 13 | | burglary, residential
burglary, possession of burglary | 14 | | tools, home invasion, home repair fraud,
aggravated | 15 | | home repair fraud, or
financial exploitation of an | 16 | | elderly or disabled person is guilty of a Class 2
| 17 | | felony. When a person has any
such prior conviction, | 18 | | the information or indictment charging that person | 19 | | shall
state the prior conviction so
as to give notice | 20 | | of the State's intention to treat the charge as a Class | 21 | | 3 felony. The
fact of the prior conviction is
not an | 22 | | element of the offense and may not be disclosed to the | 23 | | jury during trial
unless otherwise permitted
by issues | 24 | | properly raised during the trial.
| 25 | | (B) Identity theft of credit, money, goods,
| 26 | | services, or other
property exceeding $300 and not
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| 1 | | exceeding $2,000 in value is a Class 3 felony. Identity | 2 | | theft of credit, money, goods,
services, or other
| 3 | | property exceeding $300 and not
exceeding $2,000 in | 4 | | value when the victim of the identity theft is an | 5 | | active duty member of the Armed Services or Reserve | 6 | | Forces of the United States or of the Illinois National | 7 | | Guard serving in a foreign country is a Class 2 felony.
| 8 | | (C) Identity theft of credit, money, goods,
| 9 | | services, or other
property exceeding $2,000 and not
| 10 | | exceeding $10,000 in value is a Class 2 felony. | 11 | | Identity theft of credit, money, goods,
services, or | 12 | | other
property exceeding $2,000 and not
exceeding | 13 | | $10,000 in value when the victim of the identity theft | 14 | | is an active duty member of the Armed Services or | 15 | | Reserve Forces of the United States or of the Illinois | 16 | | National Guard serving in a foreign country is a Class | 17 | | 1 felony.
| 18 | | (D) Identity theft of credit, money, goods,
| 19 | | services, or other
property exceeding $10,000 and
not | 20 | | exceeding $100,000 in value is a Class 1 felony. | 21 | | Identity theft of credit, money, goods,
services, or | 22 | | other
property exceeding $10,000 and
not exceeding | 23 | | $100,000 in value when the victim of the identity theft | 24 | | is an active duty member of the Armed Services or | 25 | | Reserve Forces of the United States or of the Illinois | 26 | | National Guard serving in a foreign country is a Class |
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| 1 | | X felony.
| 2 | | (E) Identity theft of credit, money, goods,
| 3 | | services, or
other property exceeding $100,000 in
| 4 | | value is a Class X felony.
| 5 | | (2) A person convicted of any offense enumerated in | 6 | | paragraphs
(2) through (7) of subsection (a) is guilty of a | 7 | | Class 3 felony. A person convicted of any offense | 8 | | enumerated in paragraphs
(2) through (7) of subsection (a) | 9 | | when the victim of the identity theft is an active duty | 10 | | member of the Armed Services or Reserve Forces of the | 11 | | United States or of the Illinois National Guard serving in | 12 | | a foreign country is guilty of a Class 2 felony.
| 13 | | (3) A person convicted of any offense enumerated in | 14 | | paragraphs
(2) through (5) of subsection (a) a second or | 15 | | subsequent time is
guilty of a Class 2 felony. A person | 16 | | convicted of any offense enumerated in paragraphs
(2) | 17 | | through (5) of subsection (a) a second or subsequent time | 18 | | when the victim of the identity theft is an active duty | 19 | | member of the Armed Services or Reserve Forces of the | 20 | | United States or of the Illinois National Guard serving in | 21 | | a foreign country is
guilty of a Class 1 felony.
| 22 | | (4) A person who, within a 12 month period, is found in | 23 | | violation
of any offense enumerated in paragraphs (2) | 24 | | through (7) of
subsection (a) with respect to the | 25 | | identifiers of, or other information relating to, 3 or more
| 26 | | separate individuals, at the same time or consecutively, is |
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| 1 | | guilty
of a Class 2 felony. A person who, within a 12 month | 2 | | period, is found in violation
of any offense enumerated in | 3 | | paragraphs (2) through (7) of
subsection (a) with respect | 4 | | to the identifiers of, or other information relating to, 3 | 5 | | or more
separate individuals, at the same time or | 6 | | consecutively, when the victim of the identity theft is an | 7 | | active duty member of the Armed Services or Reserve Forces | 8 | | of the United States or of the Illinois National Guard | 9 | | serving in a foreign country is guilty
of a Class 1 felony.
| 10 | | (5) A person convicted of identity theft in violation | 11 | | of paragraph (2) of subsection (a) who uses any personal | 12 | | identification information or personal
identification | 13 | | document of another to purchase methamphetamine | 14 | | manufacturing material as defined in Section 10 of the | 15 | | Methamphetamine Control and Community Protection Act with | 16 | | the intent to unlawfully manufacture methamphetamine is | 17 | | guilty of a Class 2 felony for a first offense and a Class | 18 | | 1 felony for a second or subsequent offense.
A person | 19 | | convicted of identity theft in violation of paragraph (2) | 20 | | of subsection (a) who uses any personal identification | 21 | | information or personal
identification document of another | 22 | | to purchase methamphetamine manufacturing material as | 23 | | defined in Section 10 of the Methamphetamine Control and | 24 | | Community Protection Act with the intent to unlawfully | 25 | | manufacture methamphetamine when the victim of the | 26 | | identity theft is an active duty member of the Armed |
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| 1 | | Services or Reserve Forces of the United States or of the | 2 | | Illinois National Guard serving in a foreign country is | 3 | | guilty of a Class 1 felony for a first offense and a Class | 4 | | X felony for a second or subsequent offense.
| 5 | | (6) A person convicted of identity theft in violation | 6 | | of paragraph (8) of subsection (a) of this Section shall be | 7 | | guilty of a Class 4 felony. | 8 | | (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | 9 | | 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | 10 | | 8-21-07.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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