|
|
|
HB1236 Enrolled |
|
LRB095 04639 RLC 24697 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
|
|
|
|
HB1236 Enrolled |
- 2 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| State law, or
|
2 |
| (4) uses, obtains, records, possesses, sells, |
3 |
| transfers, purchases,
or manufactures any personal |
4 |
| identification information or
personal identification |
5 |
| document of another knowing that such
personal |
6 |
| identification information or personal identification
|
7 |
| documents were stolen or produced without lawful |
8 |
| authority, or
|
9 |
| (5) uses, transfers, or possesses document-making |
10 |
| implements to
produce false identification or false |
11 |
| documents with knowledge that
they will be used by the |
12 |
| person or another to commit any felony theft or other
|
13 |
| felony violation of State law, or
|
14 |
| (6) uses any personal identification information or |
15 |
| personal identification document of another to portray |
16 |
| himself or herself as that person, or otherwise, for the |
17 |
| purpose of gaining access to any personal identification |
18 |
| information or personal identification document of that |
19 |
| person, without the prior express permission of that |
20 |
| person, or |
21 |
| (7) uses any personal identification information or |
22 |
| personal identification document of another for the |
23 |
| purpose of gaining access to any record of the actions |
24 |
| taken, communications made or received, or other |
25 |
| activities or transactions of that person, without the |
26 |
| prior express permission of that person.
|
|
|
|
HB1236 Enrolled |
- 3 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| (b) Knowledge shall be determined by an evaluation of all |
2 |
| circumstances
surrounding the use of the other
person's |
3 |
| identifying information or document.
|
4 |
| (c) When a charge of identity theft of credit, money, |
5 |
| goods,
services, or other property
exceeding a specified value |
6 |
| is brought the value of the credit, money, goods,
services, or |
7 |
| other property is
an element of the offense to be resolved by |
8 |
| the trier of fact as either
exceeding or not exceeding the
|
9 |
| specified value.
|
10 |
| (d) Sentence.
|
11 |
| (1) A person convicted of identity theft in violation |
12 |
| of paragraph (1)
of subsection (a) shall be sentenced as |
13 |
| follows:
|
14 |
| (A) Identity
identity theft of credit, money, |
15 |
| goods, services, or
other
property not exceeding $300 |
16 |
| in
value is a Class 4 felony. A person who has been |
17 |
| previously convicted of
identity theft of
less than |
18 |
| $300 who is convicted of a second or subsequent offense |
19 |
| of
identity theft of less than
$300 is guilty of a |
20 |
| Class 3 felony. A person who has been convicted of |
21 |
| identity
theft of less than
$300 who has been |
22 |
| previously convicted of any type of theft, robbery, |
23 |
| armed
robbery, burglary, residential
burglary, |
24 |
| possession of burglary tools, home invasion, home |
25 |
| repair fraud,
aggravated home repair fraud, or
|
26 |
| financial exploitation of an elderly or disabled |
|
|
|
HB1236 Enrolled |
- 4 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| person is guilty of a Class 3
felony. Identity theft of |
2 |
| credit, money, goods, services, or
other
property not |
3 |
| exceeding $300 in
value when the victim of the identity |
4 |
| theft is an active duty member of the Armed Services or |
5 |
| Reserve Forces of the United States or of the Illinois |
6 |
| National Guard serving in a foreign country is a Class |
7 |
| 3 felony. A person who has been previously convicted of
|
8 |
| identity theft of
less than $300 who is convicted of a |
9 |
| second or subsequent offense of
identity theft of less |
10 |
| than
$300 when the victim of the identity theft is an |
11 |
| active duty member of the Armed Services or Reserve |
12 |
| Forces of the United States or of the Illinois National |
13 |
| Guard serving in a foreign country is guilty of a Class |
14 |
| 2 felony. A person who has been convicted of identity
|
15 |
| theft of less than
$300 when the victim of the identity |
16 |
| theft is an active duty member of the Armed Services or |
17 |
| Reserve Forces of the United States or of the Illinois |
18 |
| National Guard serving in a foreign country who has |
19 |
| been previously convicted of any type of theft, |
20 |
| robbery, armed
robbery, burglary, residential
|
21 |
| burglary, possession of burglary tools, home invasion, |
22 |
| home repair fraud,
aggravated home repair fraud, or
|
23 |
| financial exploitation of an elderly or disabled |
24 |
| person is guilty of a Class 2
felony. When a person has |
25 |
| any
such prior conviction, the information or |
26 |
| indictment charging that person shall
state the prior |
|
|
|
HB1236 Enrolled |
- 5 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| conviction so
as to give notice of the State's |
2 |
| intention to treat the charge as a Class 3 felony. The
|
3 |
| fact of the prior conviction is
not an element of the |
4 |
| offense and may not be disclosed to the jury during |
5 |
| trial
unless otherwise permitted
by issues properly |
6 |
| raised during the trial.
|
7 |
| (B) Identity theft of credit, money, goods,
|
8 |
| services, or other
property exceeding $300 and not
|
9 |
| exceeding $2,000 in value is a Class 3 felony. Identity |
10 |
| theft of credit, money, goods,
services, or other
|
11 |
| property exceeding $300 and not
exceeding $2,000 in |
12 |
| value when the victim of the identity theft is an |
13 |
| active duty member of the Armed Services or Reserve |
14 |
| Forces of the United States or of the Illinois National |
15 |
| Guard serving in a foreign country is a Class 2 felony.
|
16 |
| (C) Identity theft of credit, money, goods,
|
17 |
| services, or other
property exceeding $2,000 and not
|
18 |
| exceeding $10,000 in value is a Class 2 felony. |
19 |
| Identity theft of credit, money, goods,
services, or |
20 |
| other
property exceeding $2,000 and not
exceeding |
21 |
| $10,000 in value when the victim of the identity theft |
22 |
| is an active duty member of the Armed Services or |
23 |
| Reserve Forces of the United States or of the Illinois |
24 |
| National Guard serving in a foreign country is a Class |
25 |
| 1 felony.
|
26 |
| (D) Identity theft of credit, money, goods,
|
|
|
|
HB1236 Enrolled |
- 6 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| services, or other
property exceeding $10,000 and
not |
2 |
| exceeding $100,000 in value is a Class 1 felony. |
3 |
| Identity theft of credit, money, goods,
services, or |
4 |
| other
property exceeding $10,000 and
not exceeding |
5 |
| $100,000 in value when the victim of the identity theft |
6 |
| is an active duty member of the Armed Services or |
7 |
| Reserve Forces of the United States or of the Illinois |
8 |
| National Guard serving in a foreign country is a Class |
9 |
| X felony.
|
10 |
| (E) Identity theft of credit, money, goods,
|
11 |
| services, or
other property exceeding $100,000 in
|
12 |
| value is a Class X felony.
|
13 |
| (2) A person convicted of any offense enumerated in |
14 |
| paragraphs
(2) through (7) of subsection (a) is guilty of a |
15 |
| Class 3 felony. A person convicted of any offense |
16 |
| enumerated in paragraphs
(2) through (7) of subsection (a) |
17 |
| when the victim of the identity theft is an active duty |
18 |
| member of the Armed Services or Reserve Forces of the |
19 |
| United States or of the Illinois National Guard serving in |
20 |
| a foreign country is guilty of a Class 2 felony.
|
21 |
| (3) A person convicted of any offense enumerated in |
22 |
| paragraphs
(2) through (5) of subsection (a) a second or |
23 |
| subsequent time is
guilty of a Class 2 felony. A person |
24 |
| convicted of any offense enumerated in paragraphs
(2) |
25 |
| through (5) of subsection (a) a second or subsequent time |
26 |
| when the victim of the identity theft is an active duty |
|
|
|
HB1236 Enrolled |
- 7 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| member of the Armed Services or Reserve Forces of the |
2 |
| United States or of the Illinois National Guard serving in |
3 |
| a foreign country is
guilty of a Class 1 felony.
|
4 |
| (4) A person who, within a 12 month period, is found in |
5 |
| violation
of any offense enumerated in paragraphs (2) |
6 |
| through (7) of
subsection (a) with respect to the |
7 |
| identifiers of, or other information relating to, 3 or more
|
8 |
| separate individuals, at the same time or consecutively, is |
9 |
| guilty
of a Class 2 felony. A person who, within a 12 month |
10 |
| period, is found in violation
of any offense enumerated in |
11 |
| paragraphs (2) through (7) of
subsection (a) with respect |
12 |
| to the identifiers of, or other information relating to, 3 |
13 |
| or more
separate individuals, at the same time or |
14 |
| consecutively, when the victim of the identity theft is an |
15 |
| active duty member of the Armed Services or Reserve Forces |
16 |
| of the United States or of the Illinois National Guard |
17 |
| serving in a foreign country is guilty
of a Class 1 felony.
|
18 |
| (5) A person convicted of identity theft in violation |
19 |
| of paragraph (2) of subsection (a) who uses any personal |
20 |
| identification information or personal
identification |
21 |
| document of another to purchase methamphetamine |
22 |
| manufacturing material as defined in Section 10 of the |
23 |
| Methamphetamine Control and Community Protection Act with |
24 |
| the intent to unlawfully manufacture methamphetamine is |
25 |
| guilty of a Class 2 felony for a first offense and a Class |
26 |
| 1 felony for a second or subsequent offense.
A person |
|
|
|
HB1236 Enrolled |
- 8 - |
LRB095 04639 RLC 24697 b |
|
|
1 |
| convicted of identity theft in violation of paragraph (2) |
2 |
| of subsection (a) who uses any personal identification |
3 |
| information or personal
identification document of another |
4 |
| to purchase methamphetamine manufacturing material as |
5 |
| defined in Section 10 of the Methamphetamine Control and |
6 |
| Community Protection Act with the intent to unlawfully |
7 |
| manufacture methamphetamine when the victim of the |
8 |
| identity theft is an active duty member of the Armed |
9 |
| Services or Reserve Forces of the United States or of the |
10 |
| Illinois National Guard serving in a foreign country is |
11 |
| guilty of a Class 1 felony for a first offense and a Class |
12 |
| X felony for a second or subsequent offense.
|
13 |
| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; |
14 |
| 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)
|