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90_SB0452sam001
LRB9002950NTsbam
1 AMENDMENT TO SENATE BILL 452
2 AMENDMENT NO. . Amend Senate Bill 452 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Identification Card Act by
5 changing Section 14A."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Identification Card Act is
9 amended by changing Section 14A as follows:
10 (15 ILCS 335/14A) (from Ch. 124, par. 34A)
11 Sec. 14A. Fictitious or unlawfully altered
12 identification card.
13 (a) As used in this Section:
14 1. "A fictitious identification card" means any
15 issued identification card for which a computerized
16 number and file have been created by the Secretary of
17 State, the United States Government, any other state or
18 political subdivision thereof, or any governmental or
19 quasi-governmental organization that contains false
20 information concerning the identity of the individual
21 issued the identification card;
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1 2. "False information" means any information
2 concerning the name, sex, date of birth, social security
3 number or any photograph that falsifies all or in part
4 the actual identity of the individual issued the
5 identification card;
6 3. "An unlawfully altered identification card"
7 means any issued identification card for which a
8 computerized number and file have been created by the
9 Secretary of State, the United States Government, any
10 other state or political subdivision thereof, or any
11 governmental or quasi-governmental organization that has
12 been physically altered or changed in such a manner that
13 false information appears upon the identification card;
14 4. "A document capable of defrauding another"
15 includes, but is not limited to, any document by which
16 any right, obligation or power with reference to any
17 person or property may be created, transferred, altered
18 or terminated;
19 5. An "identification document" or "identification
20 card" means any document made or issued by or under the
21 authority of the United States Government, the State of
22 Illinois or any other state or political subdivision
23 thereof, or any other governmental or quasi-governmental
24 organization which, when completed with information
25 concerning the individual, is of a type intended or
26 commonly accepted for the purpose of identification of an
27 individual.
28 (b) It is a violation of this Section for any person:
29 1. To knowingly possess, display, or cause to be
30 displayed any fictitious or unlawfully altered
31 identification card;
32 2. To knowingly possess, display, or cause to be
33 displayed any fictitious or unlawfully altered
34 identification card for the purpose of obtaining any
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1 account, credit, credit card or debit card from a bank,
2 financial institution or retail mercantile establishment;
3 3. To knowingly possess any fictitious or
4 unlawfully altered identification card with the intent to
5 commit a theft, deception or credit or debit card fraud
6 in violation of any law of this State or any law of any
7 other jurisdiction;
8 4. To knowingly possess any fictitious or
9 unlawfully altered identification card with the intent to
10 commit any other violation of any law of this State or
11 any law of any other jurisdiction for which a sentence to
12 a term of imprisonment in a penitentiary for one year or
13 more is provided;
14 5. To knowingly possess any fictitious or
15 unlawfully altered identification card while in
16 unauthorized possession of any document, instrument or
17 device capable of defrauding another;
18 6. To knowingly possess any fictitious or
19 unlawfully altered identification card with the intent to
20 use the identification card to acquire any other
21 identification document;
22 7. To knowingly issue or assist in the issuance of
23 any fictitious identification card;
24 8. To knowingly alter or attempt to alter any
25 identification card;
26 9. To knowingly manufacture, possess, transfer, or
27 provide any identification document whether real or
28 fictitious for the purpose of obtaining a fictitious
29 identification card;
30 10. To make application for the purpose of
31 obtaining a fictitious identification card for another
32 person;
33 11. To obtain the services of another person to
34 make application for the purpose of obtaining a
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1 fictitious identification card.
2 (c) Sentence.
3 1. Any person convicted of a violation of paragraph
4 1, 10, or 11 of subsection (b) of this Section shall be
5 guilty of a Class 4 felony A misdemeanor. A person
6 convicted of a second or subsequent violation shall be
7 guilty of a Class 3 4 felony and shall be sentenced to a
8 minimum fine of $500 or 50 hours of community service,
9 preferably at an alcohol abuse prevention program, if
10 available.
11 2. Any person convicted of a violation of paragraph
12 1 of subsection (b) of this Section who at the time of
13 arrest had in his possession two or more fictitious or
14 unlawfully altered identification cards shall be guilty
15 of a Class 4 felony.
16 3. Any person convicted of a violation of paragraph
17 2 through 9 of subsection (b) of this Section shall be
18 guilty of a Class 4 felony. A person convicted of a
19 second or subsequent violation shall be guilty of a Class
20 3 felony.
21 (d) This Section does not prohibit any lawfully
22 authorized investigative, protective, law enforcement or
23 other activity of any agency of the United States, State of
24 Illinois or any other state or political subdivision thereof.
25 (Source: P.A. 88-210; 89-283, eff. 1-1-96.)".