Full Text of SB1228 95th General Assembly
SB1228eng 95TH GENERAL ASSEMBLY
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LRB095 11051 RLC 31373 b |
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| AN ACT concerning 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 | 5 |
| Sections 16-1 and 16G-15 as follows:
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| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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| Sec. 16-1. Theft.
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| (a) A person commits theft when he knowingly:
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| (1) Obtains or exerts unauthorized control over | 10 |
| property of the
owner; or
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| (2) Obtains by deception control over property of the | 12 |
| owner; or
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| (3) Obtains by threat control over property of the | 14 |
| owner; or
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| (4) Obtains control over stolen property knowing the | 16 |
| property to
have been stolen or under such circumstances as | 17 |
| would
reasonably induce him to believe that the property | 18 |
| was stolen; or
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| (5) Obtains or exerts control over property in the | 20 |
| custody of any law
enforcement agency which is explicitly | 21 |
| represented to him by any law
enforcement officer or any | 22 |
| individual acting in behalf of a law enforcement
agency as | 23 |
| being stolen, and
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| (A) Intends to deprive the owner permanently of the | 2 |
| use or
benefit of the property; or
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| (B) Knowingly uses, conceals or abandons the | 4 |
| property in such
manner as to deprive the owner | 5 |
| permanently of such use or benefit; or
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| (C) Uses, conceals, or abandons the property | 7 |
| knowing such use,
concealment or abandonment probably | 8 |
| will deprive the owner permanently
of such use or | 9 |
| benefit.
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| (b) Sentence.
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| (1) Theft of property not from the person and
not | 12 |
| exceeding $300 in value is a Class A misdemeanor.
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| (1.1) Theft of property not from the person and
not | 14 |
| exceeding $300 in value is a Class 4 felony if the theft | 15 |
| was committed in a
school or place of worship or if the | 16 |
| theft was of governmental property or property owned by a | 17 |
| place of worship .
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| (2) A person who has been convicted of theft of | 19 |
| property not from the
person and not exceeding
$300 in | 20 |
| value who has been
previously convicted of any type of | 21 |
| theft, robbery, armed robbery,
burglary, residential | 22 |
| burglary, possession of burglary tools, home
invasion, | 23 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 24 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 25 |
| possession of a stolen or
converted motor vehicle, or a | 26 |
| violation of Section 8 of the Illinois Credit
Card and |
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LRB095 11051 RLC 31373 b |
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| Debit Card Act is guilty of a Class 4 felony. When a person | 2 |
| has any
such prior
conviction, the information or | 3 |
| indictment charging that person shall state
such prior | 4 |
| conviction so as to give notice of the State's intention to
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| treat the charge as a felony. The fact of such prior | 6 |
| conviction is not an
element of the offense and may not be | 7 |
| disclosed to the jury during trial
unless otherwise | 8 |
| permitted by issues properly raised during such trial.
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| (3) (Blank).
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| (4) Theft of property from the person not exceeding | 11 |
| $300 in value, or
theft of
property exceeding $300 and not | 12 |
| exceeding $10,000 in value, is a
Class 3 felony.
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| (4.1) Theft of property from the person not exceeding | 14 |
| $300 in value, or
theft of property exceeding $300 and not | 15 |
| exceeding $10,000 in value, is a Class
2 felony if the | 16 |
| theft was committed in a school or place of worship or if | 17 |
| the theft was of governmental property or property owned by | 18 |
| a place of worship .
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| (5) Theft of property exceeding $10,000 and not | 20 |
| exceeding
$100,000 in value is a Class 2 felony.
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| (5.1) Theft of property exceeding $10,000 and not | 22 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 23 |
| theft was committed in a school or place of worship or if | 24 |
| the theft was of governmental property or property owned by | 25 |
| a place of worship .
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| (6) Theft of property exceeding $100,000 and not |
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| exceeding $500,000 in
value is a Class 1 felony.
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| (6.1) Theft of property exceeding $100,000 in value is | 3 |
| a Class X felony
if the theft was committed in a school or | 4 |
| place of worship or if the theft was of governmental | 5 |
| property or property owned by a place of worship .
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| (6.2) Theft of property exceeding $500,000 in value is | 7 |
| a Class 1
non-probationable
felony.
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| (7) Theft by deception, as described by paragraph (2) | 9 |
| of
subsection (a) of
this Section, in which the offender | 10 |
| obtained money or property valued at
$5,000 or more from a | 11 |
| victim 60 years of age or older is a Class 2 felony.
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| (c) When a charge of theft of property exceeding a | 13 |
| specified value
is brought, the value of the property involved | 14 |
| is an element of the offense
to be resolved by the trier of | 15 |
| fact as either exceeding or not exceeding
the specified value.
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| (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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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 | 20 |
| or
she
knowingly:
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| (1) uses any personal
identifying information or | 22 |
| personal identification document of another
person , | 23 |
| regardless of whether the person is an actual individual or | 24 |
| fictitious, to fraudulently obtain credit, money, goods, | 25 |
| services, or other
property, or
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| (2) uses any personal identification information or | 2 |
| personal
identification document of another , regardless of | 3 |
| whether the person is an actual individual or fictitious,
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| with intent to commit any felony theft
or other felony | 5 |
| violation of State law not set forth in
paragraph (1) of | 6 |
| this subsection (a), or
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| (3) obtains, records, possesses, sells, transfers, | 8 |
| purchases, or
manufactures any personal identification | 9 |
| information or personal
identification document of | 10 |
| another , regardless of whether the person is an actual | 11 |
| individual or fictitious, with intent to commit or to aid | 12 |
| or abet
another in committing any felony theft or other | 13 |
| felony violation of
State law, or
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| (4) uses, obtains, records, possesses, sells, | 15 |
| transfers, purchases,
or manufactures any personal | 16 |
| identification information or
personal identification | 17 |
| document of another , regardless of whether the person is an | 18 |
| actual individual or fictitious, knowing that such
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| personal identification information or personal | 20 |
| identification
documents were stolen or produced without | 21 |
| lawful authority, or
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| (5) uses, transfers, or possesses document-making | 23 |
| implements to
produce false identification or false | 24 |
| documents with knowledge that
they will be used by the | 25 |
| person or another to commit any felony theft or other
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| felony violation of State law, or
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| (6) uses any personal identification information or | 2 |
| personal identification document of another , regardless of | 3 |
| whether the person is an actual individual or fictitious,
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| to portray himself or herself as that person, or otherwise, | 5 |
| for the purpose of gaining access to any personal | 6 |
| identification information or personal identification | 7 |
| document of that person, without the prior express | 8 |
| permission of that person, or | 9 |
| (7) uses any personal identification information or | 10 |
| personal identification document of another , regardless of | 11 |
| whether the person is an actual individual or fictitious,
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| for the purpose of gaining access to any record of the | 13 |
| actions taken, communications made or received, or other | 14 |
| activities or transactions of that person, without the | 15 |
| prior express permission of that person.
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| (b) Knowledge shall be determined by an evaluation of all | 17 |
| circumstances
surrounding the use of the other
person's | 18 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 20 |
| goods,
services, or other property
exceeding a specified value | 21 |
| is brought the value of the credit, money, goods,
services, or | 22 |
| other property is
an element of the offense to be resolved by | 23 |
| 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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LRB095 11051 RLC 31373 b |
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| of paragraph (1)
of subsection (a) shall be sentenced as | 2 |
| follows:
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| (A) identity theft of credit, money, goods, | 4 |
| services, or
other
property not exceeding $300 in
value | 5 |
| is a Class 4 felony. A person who has been previously | 6 |
| convicted of
identity theft of
less than $300 who is | 7 |
| convicted of a second or subsequent offense of
identity | 8 |
| theft of less than
$300 is guilty of a Class 3 felony. | 9 |
| A person who has been convicted of identity
theft of | 10 |
| less than
$300 who has been previously convicted of any | 11 |
| type of theft, robbery, armed
robbery, burglary, | 12 |
| residential
burglary, possession of burglary tools, | 13 |
| home invasion, home repair fraud,
aggravated home | 14 |
| repair fraud, or
financial exploitation of an elderly | 15 |
| or disabled person is guilty of a Class 3
felony. When | 16 |
| a person has any
such prior conviction, the information | 17 |
| or indictment charging that person shall
state the | 18 |
| prior conviction so
as to give notice of the State's | 19 |
| intention to treat the charge as a Class 3 felony. The
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| fact of the prior conviction is
not an element of the | 21 |
| offense and may not be disclosed to the jury during | 22 |
| trial
unless otherwise permitted
by issues properly | 23 |
| raised 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 3 felony.
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LRB095 11051 RLC 31373 b |
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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 2 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 | 6 |
| exceeding $100,000 in value is a Class 1 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 X felony.
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| (2) A person convicted of any offense enumerated in | 11 |
| paragraphs
(2) through (7) of subsection (a) is guilty of a | 12 |
| Class 3 felony.
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| (3) A person convicted of any offense enumerated in | 14 |
| paragraphs
(2) through (5) of subsection (a) a second or | 15 |
| subsequent time is
guilty of a Class 2 felony.
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| (4) A person who, within a 12 month period, is found in | 17 |
| violation
of any offense enumerated in paragraphs (2) | 18 |
| through (7) of
subsection (a) with respect to the | 19 |
| identifiers of, or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is | 21 |
| guilty
of a Class 2 felony.
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| (5) A person convicted of identity theft in violation | 23 |
| of paragraph (2) of subsection (a) who uses any personal | 24 |
| identification information or personal
identification | 25 |
| document of another to purchase methamphetamine | 26 |
| manufacturing material as defined in Section 10 of the |
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| Methamphetamine Control and Community Protection Act with | 2 |
| the intent to unlawfully manufacture methamphetamine is | 3 |
| guilty of a Class 2 felony for a first offense and a Class | 4 |
| 1 felony for a second or subsequent offense.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; | 6 |
| 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)
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