Public Act 094-0827
 		





HB4297 Enrolled
LRB094 15753 RLC 50966 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 
Section 16G-15 as follows:
 



    (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.

    (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 (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 (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 2 felony.

        (5) A person convicted of identity theft in violation 
    of paragraph (2) of subsection (a) who uses any personal 
    identification information or personal
identification 
    document of another to purchase methamphetamine 
    manufacturing material as defined in Section 10 of the 
    Methamphetamine Control and Community Protection Act with 
    the intent to unlawfully manufacture methamphetamine is 
    guilty of a Class 2 felony for a first offense and a Class 
    1 felony for a second or subsequent offense.

(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)