HB4297 Engrossed LRB094 15753 RLC 50966 b

1     AN ACT concerning 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 changing
5 Section 16G-15 as follows:
 
6     (720 ILCS 5/16G-15)
7     Sec. 16G-15. Identity theft.
8     (a) A person commits the offense of identity theft when he
9 or she knowingly:
10         (1) uses any personal identifying information or
11     personal identification document of another person to
12     fraudulently obtain credit, money, goods, services, or
13     other property, or
14         (2) uses any personal identification information or
15     personal identification document of another with intent to
16     commit any felony theft or other felony violation of State
17     law not set forth in paragraph (1) of this subsection (a),
18     or
19         (3) obtains, records, possesses, sells, transfers,
20     purchases, or manufactures any personal identification
21     information or personal identification document of another
22     with intent to commit or to aid or abet another in
23     committing any felony theft or other felony violation of
24     State law, or
25         (4) uses, obtains, records, possesses, sells,
26     transfers, purchases, or manufactures any personal
27     identification information or personal identification
28     document of another knowing that such personal
29     identification information or personal identification
30     documents were stolen or produced without lawful
31     authority, or
32         (5) uses, transfers, or possesses document-making

 

 

HB4297 Engrossed - 2 - LRB094 15753 RLC 50966 b

1     implements to produce false identification or false
2     documents with knowledge that they will be used by the
3     person or another to commit any felony theft or other
4     felony violation of State law.
5     (b) Knowledge shall be determined by an evaluation of all
6 circumstances surrounding the use of the other person's
7 identifying information or document.
8     (c) When a charge of identity theft of credit, money,
9 goods, services, or other property exceeding a specified value
10 is brought the value of the credit, money, goods, services, or
11 other property is an element of the offense to be resolved by
12 the trier of fact as either exceeding or not exceeding the
13 specified value.
14     (d) Sentence.
15         (1) A person convicted of identity theft in violation
16     of paragraph (1) of subsection (a) shall be sentenced as
17     follows:
18             (A) identity theft of credit, money, goods,
19         services, or other property not exceeding $300 in value
20         is a Class 4 felony. A person who has been previously
21         convicted of identity theft of less than $300 who is
22         convicted of a second or subsequent offense of identity
23         theft of less than $300 is guilty of a Class 3 felony.
24         A person who has been convicted of identity theft of
25         less than $300 who has been previously convicted of any
26         type of theft, robbery, armed robbery, burglary,
27         residential burglary, possession of burglary tools,
28         home invasion, home repair fraud, aggravated home
29         repair fraud, or financial exploitation of an elderly
30         or disabled person is guilty of a Class 3 felony. When
31         a person has any such prior conviction, the information
32         or indictment charging that person shall state the
33         prior conviction so as to give notice of the State's
34         intention to treat the charge as a Class 3 felony. The
35         fact of the prior conviction is not an element of the
36         offense and may not be disclosed to the jury during

 

 

HB4297 Engrossed - 3 - LRB094 15753 RLC 50966 b

1         trial unless otherwise permitted by issues properly
2         raised during the trial.
3             (B) Identity theft of credit, money, goods,
4         services, or other property exceeding $300 and not
5         exceeding $2,000 in value is a Class 3 felony.
6             (C) Identity theft of credit, money, goods,
7         services, or other property exceeding $2,000 and not
8         exceeding $10,000 in value is a Class 2 felony.
9             (D) Identity theft of credit, money, goods,
10         services, or other property exceeding $10,000 and not
11         exceeding $100,000 in value is a Class 1 felony.
12             (E) Identity theft of credit, money, goods,
13         services, or other property exceeding $100,000 in
14         value is a Class X felony.
15         (2) A person convicted of any offense enumerated in
16     paragraphs (2) through (5) of subsection (a) is guilty of a
17     Class 3 felony.
18         (3) A person convicted of any offense enumerated in
19     paragraphs (2) through (5) of subsection (a) a second or
20     subsequent time is guilty of a Class 2 felony.
21         (4) A person who, within a 12 month period, is found in
22     violation of any offense enumerated in paragraphs (2)
23     through (5) of subsection (a) with respect to the
24     identifiers of 3 or more separate individuals, at the same
25     time or consecutively, is guilty of a Class 2 felony.
26         (5) A person convicted of identity theft in violation
27     of paragraph (2) of subsection (a) who uses any personal
28     identification information or personal identification
29     document of another to purchase methamphetamine
30     manufacturing material as defined in Section 10 of the
31     Methamphetamine Control and Community Protection Act with
32     the intent to unlawfully manufacture methamphetamine is
33     guilty of a Class 2 felony for a first offense and a Class
34     1 felony for a second or subsequent offense.
35 (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)