HB4435 93RD GENERAL ASSEMBLY

LRB093 15379 MKM 40981 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4435

Introduced 02/03/04, by Elaine Nekritz

SYNOPSIS AS INTRODUCED:

15 ILCS 205/4f new
55 ILCS 5/5-1130 new
65 ILCS 5/11-1-15 new
30 ILCS 805/8.28 new

Amends the Attorney General Act. Requires the Attorney General to prepare, cause to be printed, and distribute to all municipal police departments and county sheriffs an information packet for victims of identity theft that includes certain information. Amends the Counties Code and the Illinois Municipal Code. Provides that the county board of each county shall require the county sheriff to distribute an information packet prepared by the Attorney General to all victims of identity theft. Imposes the same requirement on the corporate authorities of all municipalities that have established a police department. Amends the State Mandates Act to require implementation without reimbursement by the State.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning identity theft.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Attorney General Act is amended by adding Section 4f as follows:

(15 ILCS 205/4f new)

Sec. 4f. Identity theft information packet. The Attorney General must prepare, cause to be printed, and distribute to county sheriffs and municipal police departments an information packet for distribution to victims of identity theft. The information packet must include the following information: (i) how to report the offense of identity theft, (ii) how to recover items lost or stolen as a result of identity theft, (iii) whom to contact to end the theft, and (iv) how to prevent identity theft from happening again.

Section 10. The Counties Code is amended by adding Section 5-1130 as follows:

(55 ILCS 5/5-1130 new)

Sec. 5-1130. Identity theft information packet. The county board of each county shall require the county sheriff to provide an information packet to victims of identity theft, as that offense is defined in Section 16G-15 of the Criminal Code of 1961. The information packet shall be prepared, caused to be printed, and distributed by the Attorney General, pursuant to Section 10 of the Attorney General Act. A home rule unit may not act in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 15. The Illinois Municipal Code is amended by adding Section 11-1-15 as follows:

(65 ILCS 5/11-1-15 new)

Sec. 11-1-15. Identity theft information packet. The corporate authorities of each municipality that has established a police department shall require the police department to provide an information packet to victims of identity theft, as that offense is defined in Section 16G-15 of the Criminal Code of 1961. The information packet shall be prepared, printed, and distributed to the police department by the Attorney General, pursuant to Section 10 of the Attorney General Act. A home rule unit may not act in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.28 as follows:

(30 ILCS 805/8.28 new)

Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 93rd General Assembly.