SB2223 Engrossed

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    AN ACT in relation to 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 
 


 






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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) If
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 A misdemeanor. A person who has been 
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previously convicted of
identity theft of
less than 
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$300 who is convicted of a second or subsequent offense 
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of
identity theft of less than
$300 is guilty of a 
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Class 4 felony. A person who has been convicted of 
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identity
theft of less than
$300 who has been 
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previously convicted of any type of theft, robbery, 
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armed
robbery, burglary, residential
burglary, 
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possession of burglary tools, home invasion, home 
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repair fraud,
aggravated home repair fraud, or

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financial exploitation of an elderly or disabled 
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person is guilty of a Class 4
felony.  When a person has 
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any
such prior conviction, the information or 
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indictment charging that person shall
state the prior 
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conviction so
as to give notice of the State's 
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intention to treat the charge as a felony. The
fact of 
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the prior conviction is
not an element of the offense 
 


 






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and may not be disclosed to the jury during trial

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unless otherwise permitted
by issues properly raised 
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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 4 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 3 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 2 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 1 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 4 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 3 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 3 felony.


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(Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)