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.)