Public Act 097-0388
 
SB0151 EnrolledLRB097 06635 RLC 46721 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 
Sections 16G-10, 16G-15, and 16G-20 as follows:
 



    (720 ILCS 5/16G-10)



    Sec. 16G-10. Definitions. In this Article unless the 
context otherwise
requires:

    (a) "Personal identification document" means a birth 
certificate, a drivers
license, a State identification
card, a 
public, government, or private employment identification card, 
a social
security card, a firearm
owner's identification card, 
a credit card, a debit card, or a passport issued
to
or on 
behalf of a person other
than the offender,
or any document 
made or issued, or falsely purported to have been made or

issued, by or under the authority of the United States 
Government, the State of
Illinois, or any other State political 
subdivision of any state, or any other
governmental or 
quasi-governmental organization that is of a type intended for

the
purpose of identification of an individual,
or any such 
document made or altered in a manner that it falsely
purports 
to have been
made on behalf of or issued to another person or 
by the authority of one who
did not give that authority.

    (b) "Personal identifying information" means any of the 
following
information:


        (1) A person's name;


        (2) A person's address;


        (2.5) A person's date of birth;


        (3) A person's telephone number;


        (4) A person's drivers license number or State of 
    Illinois identification
card as assigned by the
Secretary 
    of State of the State of Illinois or a similar agency of 
    another
state;


        (5) A person's Social Security number;


        (6) A person's public, private, or government 
    employer, place of
employment, or employment

    identification number;


        (7) The maiden name of a person's mother;


        (8) The number assigned to a person's depository 
    account, savings account,
or brokerage
account;


        (9) The number assigned to a person's credit or debit 
    card, commonly known
as a "Visa Card",
"Master Card", 
    "American Express Card", "Discover Card", or other similar 
    cards
whether issued by a
financial institution, 
    corporation, or business entity;


        (10) Personal identification numbers;


        (11) Electronic identification numbers;


        (12) Digital signals;

        (12.5) User names, passwords, and any other word, 
    number, character or combination of the same usable in 
    whole or part to access information relating to a specific 
    individual, or to the actions taken, communications made or 
    received, or other activities or transactions of a specific 
    individual.


        (13) Any other numbers or information which can be used 
    to access a
person's financial
resources, or to identify a 
    specific individual, or the actions taken, communications 
    made or received, or other activities or transactions of a 
    specific individual.

    (c) "Document-making implement" means any implement, 
impression, template,
computer file, computer disc, electronic 
device, computer hardware, computer
software, instrument, or 
device that is used to make a real or fictitious or
fraudulent 
personal identification document.
    (d) "Financial transaction device" means any of the 
following:
        (1) An electronic funds transfer card.
        (2) A credit card.
        (3) A debit card.
        (4) A point-of-sale card.
        (5) Any instrument, device, card, plate, code, account 
    number, personal identification number, or a record
or copy 
    of a code, account number, or personal identification 
    number or other means of access to a credit
account or 
    deposit account, or a driver's license or state 
    identification card used to access a proprietary
account, 
    other than access originated solely by a paper instrument, 
    that can be used alone or in conjunction
with another 
    access device, for any of the following purposes:
            (A) Obtaining money, cash refund or credit 
        account, credit, goods, services, or any other thing of 
        value.
            (B) Certifying or guaranteeing to a person or 
        business the availability to the device holder of funds 
        on
deposit to honor a draft or check payable to the 
        order of that person or business.
            (C) Providing the device holder access to a deposit 
        account for the purpose of making deposits,

        withdrawing funds, transferring funds between deposit 
        accounts, obtaining information pertaining to a 
        deposit
account, or making an electronic funds 
        transfer.


    (e) "Radio frequency identification device" means any 
implement, computer file, computer disc, electronic device, 
computer hardware, computer software, or instrument that is 
used to activate, read, receive, or decode information stored 
on a RFID tag or transponder attached to a personal 
identification document. 
    (f) "RFID tag or transponder" means a chip or device that 
contains personal identifying information from which the 
personal identifying information can be read or decoded by 
another device emitting a radio frequency that activates or 
powers a radio frequency emission response from the chip or 
transponder. 
(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05; 
94-1008, eff. 7-5-06.)

 



    (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

        (7.5)  uses, possesses, or transfers a radio frequency 
    identification device capable of obtaining or processing 
    personal identifying information from a radio frequency 
    identification (RFID) tag or transponder with knowledge 
    that the device will be used by the person or another to 
    commit a felony violation of State law or any violation of 
    this Article; 
        (8) in the course of applying for a building permit 
    with a unit of a local government, provides the license 
    number of a roofing contractor whom he or she does not 
    intend to have perform the work on the roofing portion of 
    the project; it . 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 roofing contractor; or . 
        (9) (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 . It is an affirmative defense to 
    prosecution under this paragraph (9) (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 (7.5) (7) of subsection (a) is 
    guilty of a Class 3 felony. A person convicted of any 
    offense enumerated in paragraphs
(2) through (7.5) (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) and (7.5) 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) and (7.5) 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 (7.5) (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 (7.5)  (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) or (9) of subsection (a) of this Section 
    is shall be guilty of a Class 4 felony. 
(Source: P.A. 95-60, eff. 1-1-08; 95-331, eff. 8-21-07; 
96-1324, eff. 7-27-10; 96-1455, eff. 8-20-10; revised 
9-16-10.)

 



    (720 ILCS 5/16G-20)



    Sec. 16G-20. Aggravated identity theft. 

    (a) A person commits the offense of aggravated identity 
theft
when he or she commits the offense of identity theft as 
set forth
in subsection (a) of Section 16G-15:
        (1) against a person 60 years
of age or older or a 
    disabled person as defined in Section 16-1.3 of this
Code; 
    or
        (2) in furtherance of the activities of an organized 
    gang.

    For purposes of this Section, "organized gang" has the 
meaning ascribed to that term in Section 10 of the Illinois 
Streetgang Terrorism Omnibus Prevention Act.

    (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 aggravated 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) A defense to aggravated identity theft under paragraph 
(a)(1) does not exist
merely
because the accused
reasonably 
believed the victim to be a person less than 60 years of age.

    (e) Sentence.


        (1) Aggravated identity theft of credit, money, goods,

    services,
or other property not exceeding
$300 in value is 
    a Class 3 felony.


        (2) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding $300
and not 
    exceeding $10,000 in value is a Class 2 felony.


        (3) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding $10,000 in value and 
    not exceeding $100,000 in
value is a Class 1 felony.


        (4) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding
$100,000 in value is 
    a Class X felony.

        (4.1)  Aggravated identity theft for a violation of any 
    offense enumerated in paragraphs (2) through (7.5) (7) of 
    subsection (a) of Section 16G-15 of this Code is a Class 2 
    felony.
        (4.2) Aggravated identity theft when a person who, 
    within a 12 month period, is found in violation of any 
    offense enumerated in paragraphs (2) through (7.5) (7) of 
    subsection (a) of Section 16G-15 with identifiers of, or 
    other information relating to, 3 or more separate 
    individuals, at the same time or consecutively, is a Class 
    1 felony. 

        (5) A person who has been previously convicted of 
    aggravated
identity theft regardless of the
value of the 
    property involved who is convicted of a second or 
    subsequent
offense of aggravated
identity theft regardless 
    of the value of the property involved is guilty of a
Class 
    X felony.

(Source: P.A. 95-199, eff. 8-16-07; 96-243, eff. 8-11-09.)