|
|
Public Act 094-1008
|
| SB2554 Enrolled |
LRB094 18819 RLC 54229 b |
|
|
AN ACT concerning 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 |
Sections 16G-10, 16G-15, 16G-21, 16G-25, and 16G-30 and by |
adding Sections 16G-35 and 16G-40 as follows:
|
(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;
|
(12.5) User names, passwords, and any other word, |
number, character or combination of the same usable in |
whole or part to access information relating to a specific |
individual, or to the actions taken, communications made or |
received, or other activities or transactions of a specific |
individual.
|
(13) Any other numbers or information which can be used |
to access a
person's financial
resources, or to identify a |
specific individual, or the actions taken, communications |
made or received, or other activities or transactions of 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. |
(d) "Financial transaction device" means any of the |
following: |
(1) An electronic funds transfer card. |
|
(2) A credit card. |
(3) A debit card. |
(4) A point-of-sale card. |
(5) Any instrument, device, card, plate, code, account |
number, personal identification number, or a record
or copy |
of a code, account number, or personal identification |
number or other means of access to a credit
account or |
deposit account, or a driver's license or state |
identification card used to access a proprietary
account, |
other than access originated solely by a paper instrument, |
that can be used alone or in conjunction
with another |
access device, for any of the following purposes: |
(A) Obtaining money, cash refund or credit |
account, credit, goods, services, or any other thing of |
value. |
(B) Certifying or guaranteeing to a person or |
business the availability to the device holder of funds |
on
deposit to honor a draft or check payable to the |
order of that person or business. |
(C) Providing the device holder access to a deposit |
account for the purpose of making deposits,
|
withdrawing funds, transferring funds between deposit |
accounts, obtaining information pertaining to a |
deposit
account, or making an electronic funds |
transfer.
|
(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05.)
|
(720 ILCS 5/16G-15)
|
Sec. 16G-15. Identity theft.
|
(a) A person commits the offense of 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, or .
|
(6) uses any personal identification information or |
personal identification document of another to portray |
himself or herself as that person, or otherwise, for the |
purpose of gaining access to any personal identification |
information or personal identification document of that |
person, without the prior express permission of that |
person, or |
(7) uses any personal identification information or |
personal identification document of another for the |
purpose of gaining access to any record of the actions |
taken, communications made or received, or other |
activities or transactions of that person, without the |
prior express permission of that person.
|
(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 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) identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
value |
is a Class 4 felony. A person who has been previously |
convicted of
identity theft of
less than $300 who is |
convicted of a second or subsequent offense of
identity |
theft of less than
$300 is guilty of a Class 3 felony. |
A person who has been convicted of 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 3
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 Class 3 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) Identity theft of credit, money, goods,
|
services, or other
property exceeding $300 and not
|
exceeding $2,000 in value is a Class 3 felony.
|
|
(C) Identity theft of credit, money, goods,
|
services, or other
property exceeding $2,000 and not
|
exceeding $10,000 in value is a Class 2 felony.
|
(D) Identity theft of credit, money, goods,
|
services, or other
property exceeding $10,000 and
not |
exceeding $100,000 in value is a Class 1 felony.
|
(E) Identity theft of credit, money, goods,
|
services, or
other property exceeding $100,000 in
|
value is a Class X felony.
|
(2) A person convicted of any offense enumerated in |
paragraphs
(2) through (7)
(5) of subsection (a) is guilty |
of a Class 3 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 2 felony.
|
(4) A person who, within a 12 month period, is found in |
violation
of any offense enumerated in paragraphs (2) |
through (7)
(5) of
subsection (a) with respect to the |
identifiers of, or other information relating to, 3 or more
|
separate individuals, at the same time or consecutively, is |
guilty
of a Class 2 felony.
|
(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
|
(720 ILCS 5/16G-21)
|
Sec. 16G-21. Civil remedies. A person who is convicted of |
identity theft or aggravated 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. Where a |
person has been convicted of identity theft in violation of |
subsection (a)(6) or subsection (a)(7) of Section 16G-15, in |
the absence of proof of actual damages, the person whose |
personal identification information or personal identification |
documents were used in the violation in question may recover |
damages of $2,000.
|
(Source: P.A. 92-686, eff. 7-16-02; 93-401, eff. 7-31-03.)
|
|
(720 ILCS 5/16G-25)
|
Sec. 16G-25. Offenders interest in the property, consent. |
(a) It is no defense to a
charge of aggravated identity
|
theft or identity theft that the offender has an interest in |
the
credit, money, goods, services, or
other property.
|
(b) It is no defense to a charge of aggravated identity |
theft or identity theft that the offender received the consent |
of any person to access any personal identification information |
or personal identification document, other than the person |
described by the personal identification information or |
personal identification document used by the offender.
|
(Source: P.A. 93-401, eff. 7-31-03.)
|
(720 ILCS 5/16G-30)
|
Sec. 16G-30. Mandating law enforcement agencies to accept |
and provide
reports; judicial factual determination.
|
(a) A person who has learned or reasonably suspects that |
his or her
personal identifying information has been unlawfully |
used by another may
initiate a law enforcement investigation by |
contacting the local law
enforcement
agency that has |
jurisdiction over his or her actual residence, which shall take
|
a police report of the matter, provide the complainant with a |
copy of that
report, and begin an investigation of the facts |
or, if the suspected crime was
committed in a different |
jurisdiction, refer the matter to the law enforcement
agency |
where the suspected crime was committed for an investigation of |
the
facts.
|
(b) A person who reasonably believes that he or she is the |
victim of
financial identity theft may petition a court, or the |
court, on its own motion
or upon application of the prosecuting |
attorney, may move for an expedited
judicial determination of |
his or her factual innocence, where the perpetrator
of
the |
financial identity theft was arrested for, cited for, or |
convicted of a
crime under the victim's identity, or where a |
criminal complaint has been filed
against the perpetrator in |
|
the victim's name, or where the victim's identity
has
been |
mistakenly associated with a criminal conviction. Any judicial
|
determination of factual innocence made pursuant to this |
subsection (b) may be
heard and determined upon declarations, |
affidavits, police reports, or other
material, relevant, and |
reliable information submitted by the parties or
ordered
to be |
part of the record by the court. If the court determines that |
the
petition
or motion is meritorious and that there is no |
reasonable cause to believe that
the victim committed the |
offense for which the perpetrator of the identity
theft
was |
arrested, cited, convicted, or subject to a criminal complaint |
in the
victim's name, or that the victim's identity has been |
mistakenly associated
with
a record of criminal conviction, the |
court shall find the victim factually
innocent of that offense. |
If the victim is found factually innocent, the court
shall |
issue an order certifying this determination.
|
(c) After a court has issued a determination of factual |
innocence under
this Section, the court may order the name and |
associated personal identifying
information contained in the |
court records, files, and indexes accessible by
the
public |
sealed, deleted, or labeled to show that the data is |
impersonated and
does
not reflect the defendant's identity.
|
(d) A court that has issued a determination of factual |
innocence under
this Section may at any time vacate that |
determination if the petition, or any
information submitted in |
support of the petition, is found to contain any
material |
misrepresentation or fraud.
|
(e) Except for criminal and civil actions provided for by |
this Article, or for disciplinary or licensure-related |
proceedings involving the violation of this Article, no |
information acquired by, or as a result of, any violation of |
Section 16G-15 or 16G-20 shall be discoverable or admissible in |
any court or other proceeding, or otherwise subject to |
disclosure without the express permission of any person or |
persons identified in that information.
|
(Source: P.A. 93-195, eff. 1-1-04.)
|
|
(720 ILCS 5/16G-35 new) |
Sec. 16G-35. Venue. In addition to any other venues |
provided for by statute or otherwise, venue for any criminal |
prosecution or civil recovery action under this Law shall be |
proper in any county where the person described in the personal |
identification information or personal identification document |
in question resides or has their principal place of business. |
Where a criminal prosecution or civil recovery action under |
this Law involves the personal identification information or |
personal identification documents of more than one person, |
venue shall be proper in any county where one or more of the |
persons described in the personal identification information |
or personal identification documents in question resides or has |
their principal place of business.
|
(720 ILCS 5/16G-40 new) |
Sec. 16G-40. Exemptions, relation to other laws. |
(a) This Article does not: |
(1) prohibit the capture or transmission of personal
|
identifying information in the ordinary and lawful course |
of business; |
(2) apply to a peace officer of this State, or of the
|
federal government, or the officer's agent, while in the |
lawful performance of the officer's duties; |
(3) prohibit a licensed private detective or licensed |
private detective agency from representing himself, |
herself, or itself as any another person, provided that he, |
she, or it may not portray himself, herself, or itself as |
the person whose information he, she, or it is seeking |
except as provided under this Article; |
(4) apply to activities authorized under any other |
statute. |
(b) No criminal prosecution or civil action brought under |
this Article shall prohibit a person from being charged with, |
convicted of, or punished for any other violation of law |