Full Text of SB2223 093rd General Assembly
SB2223eng 93RD GENERAL ASSEMBLY
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SB2223 Engrossed |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16G-15
as follows:
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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 | 9 |
| or
she
knowingly:
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| (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
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| (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
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| (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
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| State law, or
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| (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
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| documents were stolen or produced without lawful | 31 |
| authority, or
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| (5) uses, transfers, or possesses document-making |
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| 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
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| felony violation of State law.
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| (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.
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| (c) If
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
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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 | 16 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 17 |
| follows:
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| (A) identity theft of credit, money, goods, | 19 |
| services, or
other
property not exceeding $300 in
value | 20 |
| is a Class A misdemeanor. A person who has been | 21 |
| previously convicted of
identity theft of
less than | 22 |
| $300 who is convicted of a second or subsequent offense | 23 |
| of
identity theft of less than
$300 is guilty of a | 24 |
| Class 4 felony. A person who has been convicted of | 25 |
| identity
theft of less than
$300 who has been | 26 |
| previously convicted of any type of theft, robbery, | 27 |
| armed
robbery, burglary, residential
burglary, | 28 |
| possession of burglary tools, home invasion, home | 29 |
| repair fraud,
aggravated home repair fraud, or
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| financial exploitation of an elderly or disabled | 31 |
| person is guilty of a Class 4
felony. When a person has | 32 |
| any
such prior conviction, the information or | 33 |
| indictment charging that person shall
state the prior | 34 |
| conviction so
as to give notice of the State's | 35 |
| intention to treat the charge as a felony. The
fact of | 36 |
| the prior conviction is
not an element of the offense |
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| and may not be disclosed to the jury during trial
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| unless otherwise permitted
by issues properly raised | 3 |
| 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 4 felony.
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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 3 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 | 12 |
| exceeding $100,000 in value is a Class 2 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 1 felony.
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| (2) A person convicted of any offense enumerated in | 17 |
| paragraphs
(2) through (5) of subsection (a) is guilty of a | 18 |
| Class 4 felony.
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| (3) A person convicted of any offense enumerated in | 20 |
| paragraphs
(2) through (5) of subsection (a) a second or | 21 |
| subsequent time is
guilty of a Class 3 felony.
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| (4) A person who, within a 12 month period, is found in | 23 |
| violation
of any offense enumerated in paragraphs (2) | 24 |
| through (5) of
subsection (a) with respect to the | 25 |
| identifiers of 3 or more
separate individuals, at the same | 26 |
| time or consecutively, is guilty
of a Class 3 felony.
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| (Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)
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