Full Text of SB3169 96th General Assembly
SB3169 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3169
Introduced 2/9/2010, by Sen. Heather Steans SYNOPSIS AS INTRODUCED: |
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15 ILCS 335/14A |
from Ch. 124, par. 34A |
625 ILCS 5/6-301.1 |
from Ch. 95 1/2, par. 6-301.1 |
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Amends the Illinois Identification Card Act. Provides that information concerning a non-existent address used to obtain an identification card is false information for the purposes of a particular provision of the Act. Amends the Illinois Vehicle Code. Provides that information concerning a non-existent address used to obtain a driver's license or permit is false information for the purposes of a particular provision of the Code. Also makes technical changes.
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A BILL FOR
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SB3169 |
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LRB096 17699 JDS 33063 b |
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| AN ACT concerning State government.
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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 Illinois Identification Card Act is amended | 5 |
| by changing Section 14A as follows: | 6 |
| (15 ILCS 335/14A) (from Ch. 124, par. 34A)
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| Sec. 14A. Fictitious or unlawfully altered identification | 8 |
| card.
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| (a) As used in this Section:
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| 1. "A fictitious identification card" means any issued
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| identification card for
which a computerized number and | 12 |
| file have been created by the Secretary of
State, the | 13 |
| United States Government, any other state or political | 14 |
| subdivision
thereof, or any governmental or | 15 |
| quasi-governmental organization that contains false | 16 |
| information concerning the identity of the
individual | 17 |
| issued the identification card . ;
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| 2. "False information" means : | 19 |
| (A) Any any information concerning an individual's | 20 |
| the legal
name, address, sex,
date of birth, or social | 21 |
| security number or any photograph that (i) falsifies | 22 |
| all
or in part the actual identity of the individual | 23 |
| issued the identification
card , (ii) in the case of |
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| information concerning an address, is information | 2 |
| concerning a non-existent address that is used to | 3 |
| obtain the identification card, or (iii) is any | 4 |
| combination of items (i) and (ii) of this subparagraph | 5 |
| (A). ; | 6 |
| (B) Any photograph that falsifies all
or in part | 7 |
| the actual identity of the individual issued the | 8 |
| identification
card.
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| 3. "An unlawfully altered identification card" means | 10 |
| any issued
identification card for which a computerized | 11 |
| number and file have been created
by the
Secretary of | 12 |
| State, the United States Government, any other state or
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| political subdivision thereof, or any governmental or | 14 |
| quasi-governmental
organization that has been physically | 15 |
| altered or changed in such a
manner that false information | 16 |
| appears upon the identification card . ;
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| 4. "A document capable of defrauding another" | 18 |
| includes, but is not
limited to, any document by which any | 19 |
| right, obligation , or power with
reference to any person or | 20 |
| property may be created, transferred, altered ,
or | 21 |
| terminated . ;
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| 5. An "identification document" or "identification
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| card"
means any
document made or issued by
or under the | 24 |
| authority of the United States Government, the State of
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| Illinois , or any other state or political subdivision | 26 |
| thereof, or any other
governmental or quasi-governmental |
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| organization which, when completed with
information | 2 |
| concerning the individual, is of a type intended or | 3 |
| commonly
accepted for the purpose of identification of an | 4 |
| individual.
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| (b) It is a violation of this Section for any person:
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| 1. To knowingly possess, display, or cause to be | 7 |
| displayed any
fictitious or unlawfully altered
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| identification card;
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| 2. To knowingly possess, display, or cause to be | 10 |
| displayed any
fictitious or unlawfully altered | 11 |
| identification card for the purpose of obtaining any
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| account, credit, credit card , or debit card from a bank, | 13 |
| financial
institution , or retail mercantile establishment;
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| 3. To knowingly possess any fictitious or unlawfully | 15 |
| altered
identification card with
the intent to commit a | 16 |
| theft, deception , or credit or debit card fraud in
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| violation of any law of this State or any law of any other | 18 |
| jurisdiction;
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| 4. To knowingly possess any fictitious or unlawfully | 20 |
| altered
identification card with
the intent to commit any | 21 |
| other violation of any law of this State or any
law of any | 22 |
| other jurisdiction for which a sentence to a term of
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| imprisonment in a penitentiary for one year or more is | 24 |
| provided;
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| 5. To knowingly possess any fictitious or unlawfully | 26 |
| altered
identification card while
in unauthorized |
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| possession of any document, instrument , or device capable | 2 |
| of
defrauding another;
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| 6. To knowingly possess any fictitious or unlawfully | 4 |
| altered
identification card with
the intent to use the | 5 |
| identification card to acquire any other identification | 6 |
| document;
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| 7. To knowingly issue or assist in the issuance of any | 8 |
| fictitious identification card;
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| 8. To knowingly alter or attempt to alter any | 10 |
| identification
card;
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| 9. To knowingly manufacture, possess, transfer, or | 12 |
| provide any
identification document whether real or | 13 |
| fictitious for the purpose of
obtaining a fictitious | 14 |
| identification card;
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| 10. To make application for the purpose of obtaining a | 16 |
| fictitious
identification card for another person;
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| 11. To obtain the services of another person to make | 18 |
| application for the
purpose of obtaining a fictitious | 19 |
| identification card.
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| (c) Sentence.
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| 1. Any person convicted of a violation of paragraph
1, | 22 |
| 10, or 11 of subsection (b)
of this Section shall be guilty | 23 |
| of a Class 4 felony. A
person convicted of
a second or | 24 |
| subsequent violation shall be guilty of a Class 3 felony
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| and shall
be sentenced to a minimum fine of $500 or 50 | 26 |
| hours of community service,
preferably at an alcohol abuse |
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| prevention program, if available.
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| 2. Any person convicted of a violation of paragraph 1 | 3 |
| of subsection
(b) of this Section who at the time of arrest | 4 |
| had in his possession two or
more fictitious or unlawfully | 5 |
| altered identification cards shall be guilty of a
Class 4
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| felony.
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| 3. Any person convicted of a violation of paragraph 2 | 8 |
| through 9 of
subsection (b) of this Section shall be guilty | 9 |
| of a Class 4 felony. A
person convicted of a second or | 10 |
| subsequent violation shall be guilty of a
Class 3 felony.
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| (d) This Section does not prohibit any lawfully authorized
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| investigative, protective, law enforcement or other activity | 13 |
| of any agency
of the United States, State of Illinois , or any | 14 |
| other state or political
subdivision thereof.
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| (Source: P.A. 93-895, eff. 1-1-05.)
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| Section 10. The Illinois Vehicle Code is amended by | 17 |
| changing Section 6-301.1 as follows: | 18 |
| (625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
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| Sec. 6-301.1. Fictitious or unlawfully altered driver's | 20 |
| license or
permit.
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| (a) As used in this Section:
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| 1. "A fictitious driver's license or permit" means any | 23 |
| issued license
or permit for which a computerized number | 24 |
| and file have been created by the
Secretary of State or |
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| other official driver's license agency in another
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| jurisdiction which contains false information concerning | 3 |
| the identity of
the individual issued the license or | 4 |
| permit . ;
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| 2. "False information" means : | 6 |
| (A) Any any information concerning an individual's | 7 |
| the legal
name, address, sex,
date of birth, or social | 8 |
| security number or any photograph that (i) falsifies | 9 |
| all
or in part the actual identity of the individual | 10 |
| issued the license or permit , (ii) in the case of | 11 |
| information concerning an address, is information | 12 |
| concerning a non-existent address that is used to | 13 |
| obtain the license or permit, or (iii) is any | 14 |
| combination of items (i) and (ii) of this subparagraph | 15 |
| (A). ;
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| (B) Any photograph that falsifies all
or in part | 17 |
| the actual identity of the individual issued the | 18 |
| permit.
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| 3. "An unlawfully altered driver's license or permit" | 20 |
| means any issued
license or permit for which a computerized | 21 |
| number and file have been
created by the Secretary of State | 22 |
| or other official driver's license agency
in another | 23 |
| jurisdiction which has been physically altered or changed | 24 |
| in
such a manner that false information appears upon the | 25 |
| license or permit . ;
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| 4. "A document capable of defrauding another" |
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| includes, but is not limited
to, any document by which any | 2 |
| right, obligation , or power with reference to
any person or | 3 |
| property may be created, transferred, altered , or | 4 |
| terminated . ;
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| 5. "An identification document" means any document | 6 |
| made or issued by
or under the authority of the United | 7 |
| States Government, the State of
Illinois , or any other | 8 |
| state or political subdivision thereof, or any other
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| governmental or quasi-governmental organization which, | 10 |
| when completed with
information concerning the individual, | 11 |
| is of a type intended or commonly
accepted for the purpose | 12 |
| of identification of an individual . ;
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| 6. "Common carrier" means any public or private | 14 |
| provider of
transportation, whether by land, air, or water.
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| (b) It is a violation of this Section for any person:
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| 1. To knowingly possess any fictitious or unlawfully | 17 |
| altered driver's
license or permit;
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| 2. To knowingly possess, display , or cause to be | 19 |
| displayed any
fictitious or unlawfully altered driver's | 20 |
| license or permit for the purpose
of obtaining any account, | 21 |
| credit, credit card , or debit card from a bank,
financial | 22 |
| institution , or retail mercantile establishment;
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| 3. To knowingly possess any fictitious or unlawfully | 24 |
| altered driver's
license or permit with the intent to | 25 |
| commit a theft, deception , or credit or
debit card fraud in | 26 |
| violation of any law of this State or any law of any
other |
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| jurisdiction;
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| 4. To knowingly possess any fictitious or unlawfully | 3 |
| altered driver's
license or permit with the intent to | 4 |
| commit any other violation of any law
of this State or any | 5 |
| law of any other jurisdiction for which a sentence to
a | 6 |
| term of imprisonment in a penitentiary for one year or more | 7 |
| is provided;
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| 5. To knowingly possess any fictitious or unlawfully | 9 |
| altered driver's
license or permit while in possession | 10 |
| without authority of any document,
instrument , or device | 11 |
| capable of defrauding another;
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| 6. To knowingly possess any fictitious or unlawfully | 13 |
| altered driver's
license or permit with the intent to use | 14 |
| the license or permit to acquire
any other identification | 15 |
| document;
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| 7. To knowingly issue or assist in the issuance of any | 17 |
| fictitious
driver's license or permit;
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| 8. To knowingly alter or attempt to alter any driver's | 19 |
| license or permit;
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| 9. To knowingly manufacture, possess, transfer , or | 21 |
| provide any
identification document whether real or | 22 |
| fictitious for the purpose of
obtaining a fictitious | 23 |
| driver's license or permit;
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| 10. To knowingly use any fictitious or unlawfully | 25 |
| altered driver's
license or permit to purchase or attempt | 26 |
| to purchase any ticket for a common
carrier or to board or |
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| attempt to board any common carrier;
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| 11. To knowingly possess any fictitious or unlawfully | 3 |
| altered driver's
license or permit if the person has at the | 4 |
| time a different driver's license
issued by the Illinois | 5 |
| Secretary of State or other official driver's license
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| agency in another jurisdiction that is suspended or | 7 |
| revoked.
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| (c) Sentence.
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| 1. Any person convicted of a violation of paragraph 1 | 10 |
| of subsection
(b) of this Section shall be guilty of a | 11 |
| Class A misdemeanor and shall be
sentenced to minimum fine | 12 |
| of $500 or 50 hours of community service, preferably
at an | 13 |
| alcohol abuse prevention program, if available. A person
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| convicted of a second or subsequent violation shall be | 15 |
| guilty of a Class 4
felony.
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| 2. Any person convicted of a violation of paragraph 3 | 17 |
| of subsection
(b) of this Section who at the time of arrest | 18 |
| had in his possession two
or more fictitious or unlawfully | 19 |
| altered driver's licenses or permits shall
be guilty of a | 20 |
| Class 4 felony.
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| 3. Any person convicted of a violation of any of | 22 |
| paragraphs 2 through
11 of
subsection (b) of this Section | 23 |
| shall be guilty of a Class 4 felony. A
person convicted of | 24 |
| a second or subsequent violation shall be guilty of a Class
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| 3 felony.
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| (d) This Section does not prohibit any lawfully authorized
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LRB096 17699 JDS 33063 b |
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| investigative, protective, law enforcement , or other activity | 2 |
| of any agency
of the United States, State of Illinois , or any | 3 |
| other state or political
subdivision thereof.
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| (Source: P.A. 92-673, eff. 1-1-03; 93-895, eff. 1-1-05.)
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