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HB4438 Engrossed |
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LRB094 18374 RLC 53685 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Sections 16G-21 and 16H-1 and by adding Section 16G-13 as |
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| follows:
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| (720 ILCS 5/16G-13 new) |
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| Sec. 16G-13. Facilitating identity theft. |
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| (a) A person commits the offense of facilitating identity |
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| theft when he or she is an employee of the State of Illinois |
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| who in the course of his or her official duties has access to |
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| personal identifying information of another person, whether |
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| written, recorded, or on computer disk and knowingly, with the |
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| intent of committing identity theft, aggravated identity |
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| theft, or any violation of the Illinois Financial Crime Law, |
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| disposes of that written, recorded, or computerized |
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| information in any receptacle, trash can, or other container |
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| that the public could gain access to, without shredding that |
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| information, destroying the recording, or wiping the computer |
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| disk so that the information is either unintelligible or |
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| destroyed. |
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| (b) Sentence. Facilitating identity theft is a Class A |
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| misdemeanor for a first offense and a Class 4 felony for a |
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| second or subsequent offense.
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| (720 ILCS 5/16G-21)
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| Sec. 16G-21. Civil remedies. A person who is convicted of |
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| facilitating identity theft, identity theft, or aggravated |
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| identity theft is liable in a civil action to the person who
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| suffered
damages as a result of the violation. The person |
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| suffering damages may
recover court costs, attorney's
fees, |
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| lost wages, and actual damages.
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