Public Act 93-0401

SB242 Enrolled                       LRB093 04421 MBS 04471 b

    AN ACT in relation to criminal law.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Criminal Code  of  1961  is  amended  by
changing  the  heading  of  Article  16G  and Sections 16G-1,
16G-5, 16G-10, 16G-15, 16G-20, 16G-21, and 16G-25 as follows:

    (720 ILCS 5/Article 16G heading)
            ARTICLE 16G FINANCIAL IDENTITY THEFT
                  AND ASSET FORFEITURE LAW

    (720 ILCS 5/16G-1)
    Sec. 16G-1.  Short title. This Article may  be  cited  as
the Financial Identity Theft and Asset Forfeiture Law.
(Source: P.A. 91-517, eff. 8-13-99.)

    (720 ILCS 5/16G-5)
    Sec. 16G-5.  Legislative declaration.
    (a)  It  is  the  public  policy  of  this State that the
substantial burden placed upon the economy of this State as a
result of the rising incidence of  financial  identity  theft
and  the  negative effect of this crime on the People of this
State and its victims is a matter of  grave  concern  to  the
People  of  this  State who have the right to be protected in
their health, safety, and welfare from the  effects  of  this
crime,  and  therefore  financial  identity  theft  shall  be
identified   and   dealt   with   swiftly  and  appropriately
considering the onerous nature of the crime.
    (b)  The widespread availability and unauthorized  access
to personal identification information have led and will lead
to a substantial increase in identity theft related crimes.
(Source: P.A. 91-517, eff. 8-13-99.)
    (720 ILCS 5/16G-10)
    Sec.  16G-10.  Definitions.   In  this Article unless the
context otherwise requires:
    (a)  "Personal identification  document"  means  a  birth
certificate,  a drivers license, a State identification card,
a public, government, or  private  employment  identification
card,   a   social   security   card,   a   firearm   owner's
identification  card,  a  credit  card,  a  debit  card, or a
passport issued to or on behalf of a person  other  than  the
offender,   or  any  document  made  or  issued,  or  falsely
purported to have been  made  or  issued,  by  or  under  the
authority  of  the  United  States  Government,  the State of
Illinois, or any other State  political  subdivision  of  any
state,   or  any  other  governmental  or  quasi-governmental
organization that is of a type intended for  the  purpose  of
identification of an individual, or any such document made or
altered  in  a  manner  that it falsely purports to have been
made on behalf of or issued  to  another  person  or  by  the
authority of one who did not give that authority.
    (b)  "Personal  identifying information" means any of the
following information:
         (1)  A person's name;
         (2)  A person's address;
         (2.5)  A person's date of birth;
         (3)  A person's telephone number;
         (4)  A person's drivers license number or  State  of
    Illinois identification card as assigned by the Secretary
    of  State of the State of Illinois or a similar agency of
    another state;
         (5)  A person's Social Security number;
         (6)  A  person's  public,  private,  or   government
    employer,    place    of    employment,   or   employment
    identification number;
         (7)  The maiden name of a person's mother;
         (8)  The number assigned to  a  person's  depository
    account, savings account, or brokerage account;
         (9)  The  number  assigned  to  a person's credit or
    debit card, commonly known  as  a  "Visa  Card",  "Master
    Card", "American Express Card", "Discover Card", or other
    similar  cards whether issued by a financial institution,
    corporation, or business entity;
         (10)  Personal identification numbers;
         (11)  Electronic identification numbers;
         (12)  Digital signals;
         (13)  Any other numbers or information which can  be
    used  to  access  a  person's  financial resources, or to
    identify a specific individual.
    (c)  "Document-making  implement"  means  any  implement,
impression,   template,   computer   file,   computer   disc,
electronic  device,  computer  hardware,  computer  software,
instrument, or  device  that  is  used  to  make  a  real  or
fictitious or fraudulent personal identification document.
(Source: P.A. 91-517, eff. 8-13-99.)

    (720 ILCS 5/16G-15)
    Sec. 16G-15.  Financial Identity theft.
    (a)  A  person  commits the offense of financial identity
theft when he or she knowingly:
         (1)  uses any personal  identifying  information  or
    personal  identification  document  of  another person to
    fraudulently obtain credit, money,  goods,  services,  or
    other property, or.
         (2)  uses any personal identification information or
    personal  identification  document of another with intent
    to commit any felony theft or other felony  violation  of
    State  law  not  set  forth  in  paragraph  (1)  of  this
    subsection (a), or
         (3)  obtains,  records, possesses, sells, transfers,
    purchases, or manufactures  any  personal  identification
    information   or   personal  identification  document  of
    another with intent to commit or to aid or  abet  another
    in  committing any felony theft or other felony violation
    of State law, or
         (4)  uses,  obtains,  records,   possesses,   sells,
    transfers,   purchases,   or  manufactures  any  personal
    identification  information  or  personal  identification
    document  of   another   knowing   that   such   personal
    identification  information  or  personal  identification
    documents   were   stolen   or  produced  without  lawful
    authority, or
         (5)  uses, transfers, or  possesses  document-making
    implements  to  produce  false  identification  or  false
    documents  with  knowledge  that they will be used by the
    person or another to commit any  felony  theft  or  other
    felony violation of State law.
    (b)  Knowledge  shall  be  determined by an evaluation of
all circumstances surrounding the use of the  other  person's
identifying information or document.
    (c)  When a charge of financial identity theft of credit,
money,   goods,  services,  or  other  property  exceeding  a
specified value is brought the value of  the  credit,  money,
goods,  services,  or  other  property  is  an element of the
offense to be  resolved  by  the  trier  of  fact  as  either
exceeding or not exceeding the specified value.
    (d)  Sentence.
           (1)  A  person  convicted  of  identity  theft  in
    violation  of  paragraph  (1)  of subsection (a) shall be
    sentenced as follows:
         (A)  Financial  identity  theft  of  credit,  money,
    goods, services, or other property not exceeding $300  in
    value  is  a  Class  A misdemeanor. A person who has been
    previously convicted of financial identity theft of  less
    than  $300  who  is  convicted  of a second or subsequent
    offense of financial identity theft of less than $300  is
    guilty  of  a  Class  4  felony.  A  person  who has been
    convicted of financial identity theft of less  than  $300
    who  has  been previously convicted of any type of theft,
    robbery, armed robbery, burglary,  residential  burglary,
    possession  of burglary tools, home invasion, home repair
    fraud,  aggravated  home  repair  fraud,   or   financial
    exploitation  of  an elderly or disabled person is guilty
    of a Class 4 felony.  When a person has  any  such  prior
    conviction,  the  information or indictment charging that
    person shall state the prior conviction  so  as  to  give
    notice  of the State's intention to treat the charge as a
    felony. The fact  of  the  prior  conviction  is  not  an
    element  of  the  offense and may not be disclosed to the
    jury during trial unless otherwise  permitted  by  issues
    properly raised during the trial.
         (B) (2)  Financial  Identity theft of credit, money,
    goods, services, or other property exceeding $300 and not
    exceeding $2,000 in value is a Class 4 felony.
         (C) (3)  Financial Identity theft of credit,  money,
    goods,  services,  or other property exceeding $2,000 and
    not exceeding $10,000 in value is a Class 3 felony.
         (D) (4)  Financial Identity theft of credit,  money,
    goods,  services, or other property exceeding $10,000 and
    not exceeding $100,000 in value is a Class 2 felony.
         (E) (5)  Financial Identity theft of credit,  money,
    goods,  services, or other property exceeding $100,000 in
    value is a Class 1 felony.
         (2)  A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) is guilty of
    a Class 4 felony.
         (3)  A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) a second  or
    subsequent time is guilty of a Class 3 felony.
         (4)  A  person  who,  within  a  12 month period, is
    found  in  violation  of  any   offense   enumerated   in
    paragraphs (2) through (5) of subsection (a) with respect
    to  the identifiers of 3 or more separate individuals, at
    the same time or consecutively, is guilty of  a  Class  3
    felony.
(Source: P.A. 91-517, eff. 8-13-99; 92-792, eff. 8-6-02.)

    (720 ILCS 5/16G-20)
    Sec. 16G-20.  Aggravated financial identity theft.
    (a)  A person commits the offense of aggravated financial
identity  theft  when  he  or  she  commits  the  offense  of
financial  identity  theft  as set forth in subsection (a) of
Section 16G-15 against a person 60 years of age or older or a
disabled person as defined in Section 16-1.3 of this Code.
    (b)  Knowledge shall be determined by  an  evaluation  of
all  circumstances  surrounding the use of the other person's
identifying information or document.
    (c)  When a charge of aggravated financial identity theft
of  credit,  money,  goods,  services,  or   other   property
exceeding  a  specified  value  is  brought  the value of the
credit, money, goods,  services,  or  other  property  is  an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
    (d)  A  defense  to  aggravated  financial identity theft
does not exist merely because the accused reasonably believed
the victim to be a person less than 60 years of age.
    (e)  Sentence.
         (1)  Aggravated financial identity theft of  credit,
    money,  goods,  services, or other property not exceeding
    $300 in value is a Class 4 felony.
         (2)  Aggravated financial identity theft of  credit,
    money,  goods, services, or other property exceeding $300
    and not exceeding $10,000 in value is a Class 3 felony.
         (3)  Aggravated financial identity theft of  credit,
    money,  goods,  services,  or  other  property  exceeding
    $10,000 in value and not exceeding $100,000 in value is a
    Class 2 felony.
         (4)  Aggravated  financial identity theft of credit,
    money,  goods,  services,  or  other  property  exceeding
    $100,000 in value is a Class 1 felony.
         (5)  A person who has been previously  convicted  of
    aggravated  financial  identity  theft  regardless of the
    value of the property involved  who  is  convicted  of  a
    second  or  subsequent  offense  of  aggravated financial
    identity theft regardless of the value  of  the  property
    involved is guilty of a Class X felony.
(Source: P.A. 91-517, eff. 8-13-99.)

    (720 ILCS 5/16G-21)
    Sec.  16G-21.  Civil remedies.  A person who is convicted
of financial identity theft or aggravated financial  identity
theft  is liable in a civil action to the person who suffered
damages as a result of the violation.  The  person  suffering
damages may recover court costs, attorney's fees, lost wages,
and actual damages.
(Source: P.A. 92-686, eff. 7-16-02.)

    (720 ILCS 5/16G-25)
    Sec. 16G-25. Offenders interest in the property. It is no
defense to a charge of aggravated financial identity theft or
financial identity theft that the offender has an interest in
the   credit,  money,  goods,  services,  or  other  property
obtained in the name of the other person.
(Source: P.A. 91-517, eff. 8-13-99.)

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