Public Act 096-1455
 
HB5513 EnrolledLRB096 17759 ASK 33126 b


  
    AN ACT concerning professional regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Fire Sprinkler Contractor Licensing Act is 
amended by adding Section 32 as follows:
 
    (225 ILCS 317/32 new)
    Sec. 32. Application for building permit; identity theft. A 
person who knowingly, in the course of applying for a building 
permit with a unit of local government, provides the license 
number of a fire sprinkler contractor whom he or she does not 
intend to have perform the work on the fire sprinkler portion 
of the project commits identity theft under paragraph (8) of 
subsection (a) of Section 16G-15 of the Criminal Code of 1961.
 
    Section 10. 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, 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, or .

        (8) in the course of applying for a building permit 
    with a unit of local government, provides the license 
    number of a fire sprinkler contractor whom he or she does 
    not intend to have perform the work on the fire sprinkler 
    portion of the project. It is an affirmative defense to 
    prosecution under this paragraph (8) that the building 
    permit applicant promptly informed the unit of local 
    government that issued the building permit of any change in 
    the fire sprinkler contractor. 
    (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.  
        Identity theft of credit, money, goods, services, or

        other
property not exceeding $300 in
value when the 
        victim of the identity theft is an active duty member 
        of the Armed Services or Reserve Forces of the United 
        States or of the Illinois National Guard serving in a 
        foreign country is a Class 3 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 when the 
        victim of the identity theft is an active duty member 
        of the Armed Services or Reserve Forces of the United 
        States or of the Illinois National Guard serving in a 
        foreign country is guilty of a Class 2 felony.  A person 
        who has been convicted of identity
theft of less than

        $300 when the victim of the identity theft is an active 
        duty member of the Armed Services or Reserve Forces of 
        the United States or of the Illinois National Guard 
        serving in a foreign country 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 2


        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. Identity 
        theft of credit, money, goods,
services, or other

        property exceeding $300 and not
exceeding $2,000 in 
        value when the victim of the identity theft is an 
        active duty member of the Armed Services or Reserve 
        Forces of the United States or of the Illinois National 
        Guard serving in a foreign country is a Class 2 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. 
        Identity theft of credit, money, goods,
services, or 
        other
property exceeding $2,000 and not
exceeding 
        $10,000 in value when the victim of the identity theft 
        is an active duty member of the Armed Services or 
        Reserve Forces of the United States or of the Illinois 
        National Guard serving in a foreign country is a Class 
        1 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. 
        Identity theft of credit, money, goods,
services, or 
        other
property exceeding $10,000 and
not exceeding 
        $100,000 in value when the victim of the identity theft 
        is an active duty member of the Armed Services or 
        Reserve Forces of the United States or of the Illinois 
        National Guard serving in a foreign country is a Class 
        X 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) of subsection (a) is guilty of a 
    Class 3 felony. A person convicted of any offense 
    enumerated in paragraphs
(2) through (7) of subsection (a) 
    when the victim of the identity theft is an active duty 
    member of the Armed Services or Reserve Forces of the 
    United States or of the Illinois National Guard serving in 
    a foreign country is guilty of a Class 2 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. A person 
    convicted of any offense enumerated in paragraphs
(2) 
    through (5) of subsection (a) a second or subsequent time 
    when the victim of the identity theft is an active duty 
    member of the Armed Services or Reserve Forces of the 
    United States or of the Illinois National Guard serving in 
    a foreign country is
guilty of a Class 1 felony.



        (4) A person who, within a 12 month period, is found in 
    violation
of any offense enumerated in paragraphs (2) 
    through (7) 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. A person who, within a 12 month 
    period, is found in violation
of any offense enumerated in 
    paragraphs (2) through (7) 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, when the victim of the identity theft is an 
    active duty member of the Armed Services or Reserve Forces 
    of the United States or of the Illinois National Guard 
    serving in a foreign country is guilty
of a Class 1 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.
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 when the victim of the 
    identity theft is an active duty member of the Armed 
    Services or Reserve Forces of the United States or of the 
    Illinois National Guard serving in a foreign country is 
    guilty of a Class 1 felony for a first offense and a Class 
    X felony for a second or subsequent offense.

        (6) A person convicted of identity theft in violation 
    of paragraph (8) of subsection (a) of this Section shall be 
    guilty of a Class 4 felony. 
(Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; 
94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. 
8-21-07.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.