Public Act 094-1008
 
SB2554 Enrolled LRB094 18819 RLC 54229 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 16G-10, 16G-15, 16G-21, 16G-25, and 16G-30 and by
adding Sections 16G-35 and 16G-40 as follows:
 
    (720 ILCS 5/16G-10)
    Sec. 16G-10. Definitions. In this Article unless the
context otherwise requires:
    (a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card, a
public, government, or private employment identification card,
a social security card, a firearm owner's identification card,
a credit card, a debit card, or a passport issued to or on
behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other State political
subdivision of any state, or any other governmental or
quasi-governmental organization that is of a type intended for
the purpose of identification of an individual, or any such
document made or altered in a manner that it falsely purports
to have been made on behalf of or issued to another person or
by the authority of one who did not give that authority.
    (b) "Personal identifying information" means any of the
following information:
        (1) A person's name;
        (2) A person's address;
        (2.5) A person's date of birth;
        (3) A person's telephone number;
        (4) A person's drivers license number or State of
    Illinois identification card as assigned by the Secretary
    of State of the State of Illinois or a similar agency of
    another state;
        (5) A person's Social Security number;
        (6) A person's public, private, or government
    employer, place of employment, or employment
    identification number;
        (7) The maiden name of a person's mother;
        (8) The number assigned to a person's depository
    account, savings account, or brokerage account;
        (9) The number assigned to a person's credit or debit
    card, commonly known as a "Visa Card", "Master Card",
    "American Express Card", "Discover Card", or other similar
    cards whether issued by a financial institution,
    corporation, or business entity;
        (10) Personal identification numbers;
        (11) Electronic identification numbers;
        (12) Digital signals;
        (12.5) User names, passwords, and any other word,
    number, character or combination of the same usable in
    whole or part to access information relating to a specific
    individual, or to the actions taken, communications made or
    received, or other activities or transactions of a specific
    individual.
        (13) Any other numbers or information which can be used
    to access a person's financial resources, or to identify a
    specific individual, or the actions taken, communications
    made or received, or other activities or transactions of a
    specific individual.
    (c) "Document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
    (d) "Financial transaction device" means any of the
following:
        (1) An electronic funds transfer card.
        (2) A credit card.
        (3) A debit card.
        (4) A point-of-sale card.
        (5) Any instrument, device, card, plate, code, account
    number, personal identification number, or a record or copy
    of a code, account number, or personal identification
    number or other means of access to a credit account or
    deposit account, or a driver's license or state
    identification card used to access a proprietary account,
    other than access originated solely by a paper instrument,
    that can be used alone or in conjunction with another
    access device, for any of the following purposes:
            (A) Obtaining money, cash refund or credit
        account, credit, goods, services, or any other thing of
        value.
            (B) Certifying or guaranteeing to a person or
        business the availability to the device holder of funds
        on deposit to honor a draft or check payable to the
        order of that person or business.
            (C) Providing the device holder access to a deposit
        account for the purpose of making deposits,
        withdrawing funds, transferring funds between deposit
        accounts, obtaining information pertaining to a
        deposit account, or making an electronic funds
        transfer.
(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05.)
 
    (720 ILCS 5/16G-15)
    Sec. 16G-15. Identity theft.
    (a) A person commits the offense of identity theft when he
or she knowingly:
        (1) uses any personal identifying information or
    personal identification document of another person to
    fraudulently obtain credit, money, goods, services, or
    other property, or
        (2) uses any personal identification information or
    personal identification document of another with intent to
    commit any felony theft or other felony violation of State
    law not set forth in paragraph (1) of this subsection (a),
    or
        (3) obtains, records, possesses, sells, transfers,
    purchases, or manufactures any personal identification
    information or personal identification document of another
    with intent to commit or to aid or abet another in
    committing any felony theft or other felony violation of
    State law, or
        (4) uses, obtains, records, possesses, sells,
    transfers, purchases, or manufactures any personal
    identification information or personal identification
    document of another knowing that such personal
    identification information or personal identification
    documents were stolen or produced without lawful
    authority, or
        (5) uses, transfers, or possesses document-making
    implements to produce false identification or false
    documents with knowledge that they will be used by the
    person or another to commit any felony theft or other
    felony violation of State law, or .
        (6) uses any personal identification information or
    personal identification document of another to portray
    himself or herself as that person, or otherwise, for the
    purpose of gaining access to any personal identification
    information or personal identification document of that
    person, without the prior express permission of that
    person, or
        (7) uses any personal identification information or
    personal identification document of another for the
    purpose of gaining access to any record of the actions
    taken, communications made or received, or other
    activities or transactions of that person, without the
    prior express permission of that person.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
    (c) When a charge of identity theft of credit, money,
goods, services, or other property exceeding a specified value
is brought the value of the credit, money, goods, services, or
other property is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the
specified value.
    (d) Sentence.
        (1) A person convicted of identity theft in violation
    of paragraph (1) of subsection (a) shall be sentenced as
    follows:
            (A) identity theft of credit, money, goods,
        services, or other property not exceeding $300 in value
        is a Class 4 felony. A person who has been previously
        convicted of identity theft of less than $300 who is
        convicted of a second or subsequent offense of identity
        theft of less than $300 is guilty of a Class 3 felony.
        A person who has been convicted of identity theft of
        less than $300 who has been previously convicted of any
        type of theft, robbery, armed robbery, burglary,
        residential burglary, possession of burglary tools,
        home invasion, home repair fraud, aggravated home
        repair fraud, or financial exploitation of an elderly
        or disabled person is guilty of a Class 3 felony. When
        a person has any such prior conviction, the information
        or indictment charging that person shall state the
        prior conviction so as to give notice of the State's
        intention to treat the charge as a Class 3 felony. The
        fact of the prior conviction is not an element of the
        offense and may not be disclosed to the jury during
        trial unless otherwise permitted by issues properly
        raised during the trial.
            (B) Identity theft of credit, money, goods,
        services, or other property exceeding $300 and not
        exceeding $2,000 in value is a Class 3 felony.
            (C) Identity theft of credit, money, goods,
        services, or other property exceeding $2,000 and not
        exceeding $10,000 in value is a Class 2 felony.
            (D) Identity theft of credit, money, goods,
        services, or other property exceeding $10,000 and not
        exceeding $100,000 in value is a Class 1 felony.
            (E) Identity theft of credit, money, goods,
        services, or other property exceeding $100,000 in
        value is a Class X felony.
        (2) A person convicted of any offense enumerated in
    paragraphs (2) through (7) (5) of subsection (a) is guilty
    of a Class 3 felony.
        (3) A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) a second or
    subsequent time is guilty of a Class 2 felony.
        (4) A person who, within a 12 month period, is found in
    violation of any offense enumerated in paragraphs (2)
    through (7) (5) of subsection (a) with respect to the
    identifiers of, or other information relating to, 3 or more
    separate individuals, at the same time or consecutively, is
    guilty of a Class 2 felony.
(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
 
    (720 ILCS 5/16G-21)
    Sec. 16G-21. Civil remedies. A person who is convicted of
identity theft or aggravated identity theft is liable in a
civil action to the person who suffered damages as a result of
the violation. The person suffering damages may recover court
costs, attorney's fees, lost wages, and actual damages. Where a
person has been convicted of identity theft in violation of
subsection (a)(6) or subsection (a)(7) of Section 16G-15, in
the absence of proof of actual damages, the person whose
personal identification information or personal identification
documents were used in the violation in question may recover
damages of $2,000.
(Source: P.A. 92-686, eff. 7-16-02; 93-401, eff. 7-31-03.)
 
    (720 ILCS 5/16G-25)
    Sec. 16G-25. Offenders interest in the property, consent.
    (a) It is no defense to a charge of aggravated identity
theft or identity theft that the offender has an interest in
the credit, money, goods, services, or other property.
    (b) It is no defense to a charge of aggravated identity
theft or identity theft that the offender received the consent
of any person to access any personal identification information
or personal identification document, other than the person
described by the personal identification information or
personal identification document used by the offender.
(Source: P.A. 93-401, eff. 7-31-03.)
 
    (720 ILCS 5/16G-30)
    Sec. 16G-30. Mandating law enforcement agencies to accept
and provide reports; judicial factual determination.
    (a) A person who has learned or reasonably suspects that
his or her personal identifying information has been unlawfully
used by another may initiate a law enforcement investigation by
contacting the local law enforcement agency that has
jurisdiction over his or her actual residence, which shall take
a police report of the matter, provide the complainant with a
copy of that report, and begin an investigation of the facts
or, if the suspected crime was committed in a different
jurisdiction, refer the matter to the law enforcement agency
where the suspected crime was committed for an investigation of
the facts.
    (b) A person who reasonably believes that he or she is the
victim of financial identity theft may petition a court, or the
court, on its own motion or upon application of the prosecuting
attorney, may move for an expedited judicial determination of
his or her factual innocence, where the perpetrator of the
financial identity theft was arrested for, cited for, or
convicted of a crime under the victim's identity, or where a
criminal complaint has been filed against the perpetrator in
the victim's name, or where the victim's identity has been
mistakenly associated with a criminal conviction. Any judicial
determination of factual innocence made pursuant to this
subsection (b) may be heard and determined upon declarations,
affidavits, police reports, or other material, relevant, and
reliable information submitted by the parties or ordered to be
part of the record by the court. If the court determines that
the petition or motion is meritorious and that there is no
reasonable cause to believe that the victim committed the
offense for which the perpetrator of the identity theft was
arrested, cited, convicted, or subject to a criminal complaint
in the victim's name, or that the victim's identity has been
mistakenly associated with a record of criminal conviction, the
court shall find the victim factually innocent of that offense.
If the victim is found factually innocent, the court shall
issue an order certifying this determination.
    (c) After a court has issued a determination of factual
innocence under this Section, the court may order the name and
associated personal identifying information contained in the
court records, files, and indexes accessible by the public
sealed, deleted, or labeled to show that the data is
impersonated and does not reflect the defendant's identity.
    (d) A court that has issued a determination of factual
innocence under this Section may at any time vacate that
determination if the petition, or any information submitted in
support of the petition, is found to contain any material
misrepresentation or fraud.
    (e) Except for criminal and civil actions provided for by
this Article, or for disciplinary or licensure-related
proceedings involving the violation of this Article, no
information acquired by, or as a result of, any violation of
Section 16G-15 or 16G-20 shall be discoverable or admissible in
any court or other proceeding, or otherwise subject to
disclosure without the express permission of any person or
persons identified in that information.
(Source: P.A. 93-195, eff. 1-1-04.)
 
    (720 ILCS 5/16G-35 new)
    Sec. 16G-35. Venue. In addition to any other venues
provided for by statute or otherwise, venue for any criminal
prosecution or civil recovery action under this Law shall be
proper in any county where the person described in the personal
identification information or personal identification document
in question resides or has their principal place of business.
Where a criminal prosecution or civil recovery action under
this Law involves the personal identification information or
personal identification documents of more than one person,
venue shall be proper in any county where one or more of the
persons described in the personal identification information
or personal identification documents in question resides or has
their principal place of business.
 
    (720 ILCS 5/16G-40 new)
    Sec. 16G-40. Exemptions, relation to other laws.
    (a) This Article does not:
        (1) prohibit the capture or transmission of personal
    identifying information in the ordinary and lawful course
    of business;
        (2) apply to a peace officer of this State, or of the
    federal government, or the officer's agent, while in the
    lawful performance of the officer's duties;
        (3) prohibit a licensed private detective or licensed
    private detective agency from representing himself,
    herself, or itself as any another person, provided that he,
    she, or it may not portray himself, herself, or itself as
    the person whose information he, she, or it is seeking
    except as provided under this Article;
        (4) apply to activities authorized under any other
    statute.
    (b) No criminal prosecution or civil action brought under
this Article shall prohibit a person from being charged with,
convicted of, or punished for any other violation of law
committed by that person while violating or attempting to
violate this Article.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.