State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_SB2271enr

 
SB2271 Enrolled                                LRB9215837RCcd

 1        AN ACT in relation to 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
 5    changing Section 16G-15 as follows:

 6        (720 ILCS 5/16G-15)
 7        Sec. 16G-15.  Financial identity theft.
 8        (a)  A person commits the offense of  financial  identity
 9    theft  when he or she knowingly uses any personal identifying
10    information or personal identification  document  of  another
11    person to fraudulently obtain credit, money, goods, services,
12    or other property in the name of the other person.
13        (b)  Knowledge  shall  be  determined by an evaluation of
14    all circumstances surrounding the use of the  other  person's
15    identifying information or document.
16        (c)  When a charge of financial identity theft of credit,
17    money,   goods,  services,  or  other  property  exceeding  a
18    specified value is brought the value of  the  credit,  money,
19    goods,  services,  or  other  property  is  an element of the
20    offense to be  resolved  by  the  trier  of  fact  as  either
21    exceeding or not exceeding the specified value.
22        (d)  Sentence.
23             (1)  Financial  identity  theft  of  credit,  money,
24        goods,  services, or other property not exceeding $300 in
25        value is a Class A misdemeanor. A  person  who  has  been
26        previously  convicted of financial identity theft of less
27        than $300 who is convicted  of  a  second  or  subsequent
28        offense  of financial identity theft of less than $300 is
29        guilty of a  Class  4  felony.  A  person  who  has  been
30        convicted  of  financial identity theft of less than $300
31        who has been previously convicted of any type  of  theft,
 
SB2271 Enrolled             -2-                LRB9215837RCcd
 1        robbery,  armed  robbery, burglary, residential burglary,
 2        possession of burglary tools, home invasion, home  repair
 3        fraud,   aggravated   home  repair  fraud,  or  financial
 4        exploitation of an elderly or disabled person  is  guilty
 5        of  a  Class  4 felony.  When a person has any such prior
 6        conviction, the information or indictment  charging  that
 7        person  shall  state  the  prior conviction so as to give
 8        notice of the State's intention to treat the charge as  a
 9        felony.  The  fact  of  the  prior  conviction  is not an
10        element of the offense and may not be  disclosed  to  the
11        jury  during  trial  unless otherwise permitted by issues
12        properly raised during the trial.
13             (2)  Financial  identity  theft  of  credit,  money,
14        goods, services, or other property exceeding $300 and not
15        exceeding $2,000 in value is a Class 4 felony.
16             (3)  Financial  identity  theft  of  credit,  money,
17        goods, services, or other property exceeding  $2,000  and
18        not exceeding $10,000 in value is a Class 3 felony.
19             (4)  Financial  identity  theft  of  credit,  money,
20        goods,  services, or other property exceeding $10,000 and
21        not exceeding $100,000 in value is a Class 2 felony.
22             (5)  Financial  identity  theft  of  credit,  money,
23        goods, services, or other property exceeding $100,000  in
24        value is a Class 1 felony.
25    (Source: P.A. 91-517, eff. 8-13-99.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.

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