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92_SB2271sam001
LRB9215837RCcdam
1 AMENDMENT TO SENATE BILL 2271
2 AMENDMENT NO. . Amend Senate Bill 2271 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Criminal Code of 1961 is amended by
6 changing Section 16G-15 as follows:
7 (720 ILCS 5/16G-15)
8 Sec. 16G-15. Financial identity theft.
9 (a) A person commits the offense of financial identity
10 theft when he or she knowingly uses any personal identifying
11 information or personal identification document of another
12 person to fraudulently obtain credit, money, goods, services,
13 or other property in the name of the other person.
14 (b) Knowledge shall be determined by an evaluation of
15 all circumstances surrounding the use of the other person's
16 identifying information or document.
17 (c) When a charge of financial identity theft of credit,
18 money, goods, services, or other property exceeding a
19 specified value is brought the value of the credit, money,
20 goods, services, or other property is an element of the
21 offense to be resolved by the trier of fact as either
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1 exceeding or not exceeding the specified value.
2 (d) Sentence.
3 (1) Financial identity theft of credit, money,
4 goods, services, or other property not exceeding $300 in
5 value is a Class A misdemeanor. A person who has been
6 previously convicted of financial identity theft of less
7 than $300 who is convicted of a second or subsequent
8 offense of financial identity theft of less than $300 is
9 guilty of a Class 4 felony. A person who has been
10 convicted of financial identity theft of less than $300
11 who has been previously convicted of any type of theft,
12 robbery, armed robbery, burglary, residential burglary,
13 possession of burglary tools, home invasion, home repair
14 fraud, aggravated home repair fraud, or financial
15 exploitation of an elderly or disabled person is guilty
16 of a Class 4 felony. When a person has any such prior
17 conviction, the information or indictment charging that
18 person shall state the prior conviction so as to give
19 notice of the State's intention to treat the charge as a
20 felony. The fact of the prior conviction is not an
21 element of the offense and may not be disclosed to the
22 jury during trial unless otherwise permitted by issues
23 properly raised during the trial.
24 (2) Financial identity theft of credit, money,
25 goods, services, or other property exceeding $300 and not
26 exceeding $2,000 in value is a Class 4 felony.
27 (3) Financial identity theft of credit, money,
28 goods, services, or other property exceeding $2,000 and
29 not exceeding $10,000 in value is a Class 3 felony.
30 (4) Financial identity theft of credit, money,
31 goods, services, or other property exceeding $10,000 and
32 not exceeding $100,000 in value is a Class 2 felony.
33 (5) Financial identity theft of credit, money,
34 goods, services, or other property exceeding $100,000 in
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1 value is a Class 1 felony.
2 (Source: P.A. 91-517, eff. 8-13-99.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".