HB4438 94TH GENERAL ASSEMBLY

LRB094 18374 RLC 53685 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4438

Introduced 1/9/2006, by Rep. Harry R. Ramey, Jr.

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16G-13 new
720 ILCS 5/16G-21
720 ILCS 5/33-3	from Ch. 38, par. 33-3

Amends the Criminal Code of 1961. Creates the offense of facilitating identity theft. Provides that a person commits the offense when he or she is an employee of the State of Illinois who in the course of his or her official duties has access to personal identifying information of another person, whether written, recorded, or on computer disk and disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. Provides for civil remedies. Provides that such violation is official misconduct. Provides that a violation is a Class 3 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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-21 and 33-3 and by adding Section 16G-13 as follows:

(720 ILCS 5/16G-13 new)

Sec. 16G-13. Facilitating identity theft.

(a) A person commits the offense of facilitating identity theft when he or she is an employee of the State of Illinois who in the course of his or her official duties has access to personal identifying information of another person, whether written, recorded, or on computer disk and disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed.

(b) Sentence. Facilitating identity theft is a Class 3 felony.

(720 ILCS 5/16G-21)

Sec. 16G-21. Civil remedies. A person who is convicted of facilitating identity theft, 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.

(Source: P.A. 92-686, eff. 7-16-02; 93-401, eff. 7-31-03.)

(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

Sec. 33-3. Official misconduct Misconduct.) A public officer or employee or special government agent commits misconduct when, in his or her official capacity or capacity as a special government agent, he or she commits any of the following acts:

(a) Intentionally or recklessly fails to perform any mandatory duty as required by law; or

(b) Knowingly performs an act which he or she knows he or she is forbidden by law to perform; or

(c) With intent to obtain a personal advantage for himself, herself, or another, he or she performs an act in excess of his or her lawful authority; or

(d) Solicits or knowingly accepts for the performance of any act a fee or reward which he or she knows is not authorized by law; or .

(e) Being an employee of the State of Illinois, he or she violates Section 16G-13 of this Code.

A public officer or employee or special government agent convicted of violating any provision of this Section forfeits his or her office or employment or position as a special government agent. In addition, he or she commits a Class 3 felony.

For purposes of this Section, "special government agent" has the meaning ascribed to it in subsection (l) of Section 4A-101 of the Illinois Governmental Ethics Act.

(Source: P.A. 94-338, eff. 1-1-06.)