HB4297 Engrossed

LRB094 15753 RLC 50966 b






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    AN ACT concerning criminal law.

 
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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 Criminal Code of 1961 is amended  by changing 
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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 
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or
she
knowingly:


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        (1) uses any personal
identifying information or 
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    personal identification document of another
person to 
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    fraudulently obtain credit, money, goods, services, or 
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    other
property, or


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        (2) uses any personal identification information or 
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    personal
identification document of another with intent to 
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    commit any felony theft
or other felony violation of State 
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    law not set forth in
paragraph (1) of this subsection (a), 
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    or


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        (3) obtains, records, possesses, sells, transfers, 
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    purchases, or
manufactures any personal identification 
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    information or personal
identification document of another 
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    with intent to commit or to aid or abet
another in 
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    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, 
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    transfers, purchases,
or manufactures any personal 
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    identification information or
personal identification 
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    document of another knowing that such
personal 
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    identification information or personal identification

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    documents were stolen or produced without lawful 
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    authority, or


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        (5) uses, transfers, or possesses document-making 
 


 






HB4297 Engrossed
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LRB094 15753 RLC 50966 b




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    implements to
produce false identification or false 
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    documents with knowledge that
they will be used by the 
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    person or another to commit any felony theft or other

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    felony violation of State law.

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    (b) Knowledge shall be determined by an evaluation of all 
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circumstances
surrounding the use of the other
person's 
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identifying information or document.

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    (c) When a charge of identity theft of credit, money, 
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goods,
services, or other property
exceeding a specified value 
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is brought the value of the credit, money, goods,
services, or 
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other property is
an element of the offense to be resolved by 
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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 
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    of paragraph (1)
of subsection (a) shall be sentenced as 
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    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 
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        is a Class 4 felony. A person who has been previously 
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        convicted of
identity theft of
less than $300 who is 
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        convicted of a second or subsequent offense of
identity 
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        theft of less than
$300 is guilty of a Class 3 felony. 
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        A person who has been convicted of identity
theft of 
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        less than
$300 who has been previously convicted of any 
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        type of theft, robbery, armed
robbery, burglary, 
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        residential
burglary, possession of burglary tools, 
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        home invasion, home repair fraud,
aggravated home 
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        repair fraud, or
financial exploitation of an elderly 
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        or disabled person is guilty of a Class 3

felony.  When 
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        a person has any
such prior conviction, the information 
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        or indictment charging that person shall
state the 
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        prior conviction so
as to give notice of the State's 
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        intention to treat the charge as a Class 3 felony. The

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        fact of the prior conviction is
not an element of the 
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        offense and may not be disclosed to the jury during 
 


 






HB4297 Engrossed
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LRB094 15753 RLC 50966 b




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        trial
unless otherwise permitted
by issues properly 
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        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.


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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.


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            (D) Identity theft of credit, money, goods,

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        services, or other
property exceeding $10,000 and
not 
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        exceeding $100,000 in value is a Class 1 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 
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    paragraphs
(2) through (5) of subsection (a) is guilty of a 
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    Class 3 felony.


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        (3) A person convicted of any offense enumerated in 
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    paragraphs
(2) through (5) of subsection (a) a second or 
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    subsequent time is
guilty of a Class 2 felony.


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        (4) A person who, within a 12 month period, is found in 
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    violation
of any offense enumerated in paragraphs (2) 
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    through (5) of
subsection (a) with respect to the 
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    identifiers of 3 or more
separate individuals, at the same 
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    time or consecutively, is guilty
of a Class 2 felony.

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        (5) A person convicted of identity theft in violation 
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    of paragraph (2) of subsection (a) who uses any personal 
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    identification information or personal
identification 
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    document of another to purchase methamphetamine 
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    manufacturing material as defined in Section 10 of the 
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    Methamphetamine Control and Community Protection Act with 
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    the intent to unlawfully manufacture methamphetamine is 
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    guilty of a Class 2 felony for a first offense and a Class 
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    1 felony for a second or subsequent offense.

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(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)