093_HB0354eng
HB0354 Engrossed LRB093 06503 RLC 06628 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 16G-15 as follows:
6 (720 ILCS 5/16G-15)
7 Sec. 16G-15. Financial identity theft.
8 (a) A person commits the offense of financial identity
9 theft when he or she knowingly uses any personal identifying
10 information or personal identification document of another
11 person to fraudulently obtain credit, money, goods, services,
12 or other property.
13 (b) Knowledge shall be determined by an evaluation of
14 all circumstances surrounding the use of the other person's
15 identifying information or document.
16 (c) When a charge of financial identity theft of credit,
17 money, goods, services, or other property exceeding a
18 specified value is brought the value of the credit, money,
19 goods, services, or other property is an element of the
20 offense to be resolved by the trier of fact as either
21 exceeding or not exceeding the specified value.
22 (d) Sentence.
23 (1) Financial identity theft of credit, money,
24 goods, services, or other property not exceeding $2,000
25 $300 in value is a Class 4 felony A misdemeanor. A person
26 who has been previously convicted of financial identity
27 theft of less than $300 who is convicted of a second or
28 subsequent offense of financial identity theft of less
29 than $300 is guilty of a Class 4 felony. A person who has
30 been convicted of financial identity theft of less than
31 $300 who has been previously convicted of any type of
HB0354 Engrossed -2- LRB093 06503 RLC 06628 b
1 theft, robbery, armed robbery, burglary, residential
2 burglary, possession of burglary tools, home invasion,
3 home repair fraud, aggravated home repair fraud, or
4 financial exploitation of an elderly or disabled person
5 is guilty of a Class 4 felony. When a person has any
6 such prior conviction, the information or indictment
7 charging that person shall state the prior conviction so
8 as to give notice of the State's intention to treat the
9 charge as a felony. The fact of the prior conviction is
10 not an element of the offense and may not be disclosed to
11 the jury during trial unless otherwise permitted by
12 issues properly raised during the trial.
13 (2) (Blank). Financial identity theft of credit,
14 money, goods, services, or other property exceeding $300
15 and not exceeding $2,000 in value is a Class 4 felony.
16 (3) Financial identity theft of credit, money,
17 goods, services, or other property exceeding $2,000 and
18 not exceeding $10,000 in value is a Class 3 felony.
19 (4) Financial identity theft of credit, money,
20 goods, services, or other property exceeding $10,000 and
21 not exceeding $100,000 in value is a Class 2 felony.
22 (5) Financial identity theft of credit, money,
23 goods, services, or other property exceeding $100,000 in
24 value is a Class 1 felony.
25 (Source: P.A. 91-517, eff. 8-13-99; 92-792, eff. 8-6-02.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.