Public Act 096-1120
 
SB3169 EnrolledLRB096 17699 JDS 33063 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Identification Card Act is amended  
by changing Section 14A as follows:
 
    (15 ILCS 335/14A)  (from Ch. 124, par. 34A)

    Sec. 14A. Fictitious or unlawfully altered identification 
card.

    (a) As used in this Section:


        1. "A fictitious identification card" means any issued

    identification card for
which a computerized number and 
    file have been created by the Secretary of
State, the 
    United States Government, any other state or political 
    subdivision
thereof, or any governmental or 
    quasi-governmental organization that contains false 
    information concerning the identity of the
individual 
    issued the identification card. ;


        2. "False information" means: 
            (A) Any any information concerning an individual's 
        the legal
name, address, sex,
date of birth, or social 
        security number or any photograph that (i) falsifies 
        all
or in part the actual identity of the individual 
        issued the identification
card,  (ii) in the case of 
        information concerning an address, is information 
        concerning a non-existent address that is used to 
        obtain the  identification card, or (iii) is any 
        combination of items (i) and (ii) of this subparagraph 
        (A). ;
            (B) Any photograph that falsifies all
or in part 
        the actual identity of the individual issued the 
        identification
card.


        3. "An unlawfully altered identification card" means 
    any issued
identification card for which a computerized 
    number and file have been created
by the
Secretary of 
    State, the United States Government, any other state or

    political subdivision thereof, or any governmental or 
    quasi-governmental
organization that has been physically 
    altered or changed in such a
manner that false information 
    appears upon the identification card. ;


        4. "A document capable of defrauding another" 
    includes, but is not
limited to, any document by which any 
    right, obligation, or power with
reference to any person or 
    property may be created, transferred, altered,
or 
    terminated. ;


        5. An "identification document" or "identification

    card"
means any
document made or issued by
or under the 
    authority of the United States Government, the State of

    Illinois, or any other state or political subdivision 
    thereof, or any other
governmental or quasi-governmental 
    organization which, when completed with
information 
    concerning the individual, is of a type intended or 
    commonly
accepted for the purpose of identification of an 
    individual.


    (b) It is a violation of this Section for any person:


        1. To knowingly possess, display, or cause to be 
    displayed any
fictitious or unlawfully altered

    identification card;


        2. To knowingly possess, display, or cause to be 
    displayed any
fictitious or unlawfully altered 
    identification card for the purpose of obtaining any

    account, credit, credit card, or debit card from a bank, 
    financial
institution, or retail mercantile establishment;


        3. To knowingly possess any fictitious or unlawfully 
    altered
identification card with
the intent to commit a 
    theft, deception, or credit or debit card fraud in

    violation of any law of this State or any law of any other 
    jurisdiction;


        4. To knowingly possess any fictitious or unlawfully 
    altered
identification card with
the intent to commit any 
    other violation of any law of this State or any
law of any 
    other jurisdiction for which a sentence to a term of

    imprisonment in a penitentiary for one year or more is 
    provided;


        5. To knowingly possess any fictitious or unlawfully 
    altered
identification card while
in unauthorized 
    possession of any document, instrument, or device capable 
    of
defrauding another;


        6. To knowingly possess any fictitious or unlawfully 
    altered
identification card with
the intent to use the 
    identification card to acquire any other identification 
    document;


        7. To knowingly issue or assist in the issuance of any 
    fictitious identification card;


        8. To knowingly alter or attempt to alter any 
    identification
card;


        9. To knowingly manufacture, possess, transfer, or 
    provide any
identification document whether real or 
    fictitious for the purpose of
obtaining a fictitious 
    identification card;


        10. To make application for the purpose of obtaining a 
    fictitious
identification card for another person;


        11. To obtain the services of another person to make 
    application for the
purpose of obtaining a fictitious 
    identification card.


    (c) Sentence.


        1. Any person convicted of a violation of paragraph
1, 
    10, or 11 of subsection (b)
of this Section shall be guilty 
    of a Class 4 felony. A
person convicted of
a second or 
    subsequent violation shall be guilty of a Class 3 felony

    and shall
be sentenced to a minimum fine of $500 or 50 
    hours of community service,
preferably at an alcohol abuse 
    prevention program, if available.


        2. Any person convicted of a violation of paragraph 1 
    of subsection
(b) of this Section who at the time of arrest 
    had in his possession two or
more fictitious or unlawfully 
    altered identification cards shall be guilty of a
Class 4

    felony.


        3. Any person convicted of a violation of paragraph 2 
    through 9 of
subsection (b) of this Section shall be guilty 
    of a Class 4 felony.  A
person convicted of a second or 
    subsequent violation shall be guilty of a
Class 3 felony.


    (d) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement or other activity 
of any agency
of the United States, State of Illinois, or any 
other state or political
subdivision thereof.


(Source: P.A. 93-895, eff. 1-1-05.)

  
 
    Section 10. The Illinois Vehicle Code is amended by 
changing Section 6-301.1 as follows:
 
    (625 ILCS 5/6-301.1)  (from Ch. 95 1/2, par. 6-301.1)

    Sec. 6-301.1. Fictitious or unlawfully altered driver's 
license or
permit.

    (a) As used in this Section:


        1. "A fictitious driver's license or permit" means any 
    issued license
or permit for which a computerized number 
    and file have been created by the
Secretary of State or 
    other official driver's license agency in another

    jurisdiction which contains false information concerning 
    the identity of
the individual issued the license or 
    permit. ;


        2. "False information" means:
            (A) Any any information concerning an individual's 
        the legal
name, address, sex,
date of birth, or social 
        security number or any photograph that (i) falsifies 
        all
or in part the actual identity of the individual 
        issued the license or permit,  (ii) in the case of 
        information concerning an address, is information 
        concerning a non-existent address that is used to 
        obtain the license or permit, or (iii) is any 
        combination of items (i) and (ii) of this subparagraph 
        (A). ;


            (B) Any photograph that falsifies all
or in part 
        the actual identity of the individual issued the 
        license or permit.

        3. "An unlawfully altered driver's license or permit" 
    means any issued
license or permit for which a computerized 
    number and file have been
created by the Secretary of State 
    or other official driver's license agency
in another 
    jurisdiction which has been physically altered or changed 
    in
such a manner that false information appears upon the 
    license or permit. ;


        4. "A document capable of defrauding another" 
    includes, but is not limited
to, any document by which any 
    right, obligation, or power with reference to
any person or 
    property may be created, transferred, altered, or 
    terminated. ;


        5. "An identification document" means any document 
    made or issued by
or under the authority of the United 
    States Government, the State of
Illinois, or any other 
    state or political subdivision thereof, or any other

    governmental or quasi-governmental organization which, 
    when completed with
information concerning the individual, 
    is of a type intended or commonly
accepted for the purpose 
    of identification of an individual. ;


        6. "Common carrier" means any public or private 
    provider of
transportation, whether by land, air, or water.


    (b) It is a violation of this Section for any person:


        1. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit;


        2. To knowingly possess, display, or cause to be 
    displayed any
fictitious or unlawfully altered driver's 
    license or permit for the purpose
of obtaining any account, 
    credit, credit card, or debit card from a bank,
financial 
    institution, or retail mercantile establishment;


        3. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit with the intent to 
    commit a theft, deception, or credit or
debit card fraud in 
    violation of any law of this State or any law of any
other 
    jurisdiction;


        4. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit with the intent to 
    commit any other violation of any law
of this State or any 
    law of any other jurisdiction for which a sentence to
a 
    term of imprisonment in a penitentiary for one year or more 
    is provided;


        5. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit while in possession 
    without authority of any document,
instrument, or device 
    capable of defrauding another;


        6. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit with the intent to use 
    the license or permit to acquire
any other identification 
    document;


        7. To knowingly issue or assist in the issuance of any 
    fictitious
driver's license or permit;


        8. To knowingly alter or attempt to alter any driver's 
    license or permit;


        9. To knowingly manufacture, possess, transfer, or 
    provide any
identification document whether real or 
    fictitious for the purpose of
obtaining a fictitious 
    driver's license or permit;


        10. To knowingly use any fictitious or unlawfully 
    altered driver's
license or permit to purchase or attempt 
    to purchase any ticket for a common
carrier or to board or 
    attempt to board any common carrier;


        11. To knowingly possess any fictitious or unlawfully 
    altered driver's
license or permit if the person has at the 
    time a different driver's license
issued by the Illinois 
    Secretary of State or other official driver's license

    agency in another jurisdiction that is suspended or 
    revoked.


    (c) Sentence.


        1. Any person convicted of a violation of paragraph 1 
    of subsection
(b) of this Section shall be guilty of a 
    Class A misdemeanor and shall be
sentenced to minimum fine 
    of $500 or 50 hours of community service, preferably
at an 
    alcohol abuse prevention program, if available.  A person

    convicted of a second or subsequent violation shall be 
    guilty of a Class 4
felony.


        2. Any person convicted of a violation of paragraph 3 
    of subsection
(b) of this Section who at the time of arrest 
    had in his possession two
or more fictitious or unlawfully 
    altered driver's licenses or permits shall
be guilty of a 
    Class 4 felony.


        3. Any person convicted of a violation of any of 
    paragraphs 2 through
11 of
subsection (b) of this Section 
    shall be guilty of a Class 4 felony.  A
person convicted of 
    a second or subsequent violation shall be guilty of a Class

    3 felony.


    (d) This Section does not prohibit any lawfully authorized

investigative, protective, law enforcement, or other activity 
of any agency
of the United States, State of Illinois, or any 
other state or political
subdivision thereof.


(Source: P.A. 92-673, eff. 1-1-03; 93-895, eff. 1-1-05.)