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Public Act 094-0969
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| HB4438 Enrolled |
LRB094 18374 RLC 53685 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 |
Sections 16G-21 and 16H-1 and by adding Section 16G-13 as |
follows:
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(720 ILCS 5/16G-13 new) |
Sec. 16G-13. Facilitating identity theft. |
(a) A person commits the offense of facilitating identity |
theft when he or she, in the course of his or her employment or |
official duties, has access to the personal information of |
another person in the possession of the State of Illinois, |
whether written, recorded, or on computer disk and knowingly, |
with the intent of committing identity theft, aggravated |
identity theft, or any violation of the Illinois Financial |
Crime Law, disposes of that written, recorded, or computerized |
information in any receptacle, trash can, or other container |
that the public could gain access to, without shredding that |
information, destroying the recording, or wiping the computer |
disk so that the information is either unintelligible or |
destroyed. |
(b) Sentence. Facilitating identity theft is a Class A |
misdemeanor for a first offense and a Class 4 felony for a |
second or subsequent offense.
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(c) For purposes of this Section, "personal information" |
has the meaning provided in the Personal Information Protection |
Act.
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(720 ILCS 5/16G-21)
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Sec. 16G-21. Civil remedies. A person who is convicted of |
facilitating identity theft, identity theft, or aggravated |
identity theft is liable in a civil action to the person who
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