95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0449


 
Introduced 1/26/2007, by Rep. Jil Tracy - Ed Sullivan, Jr. - Sandy Cole - Ruth Munson
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/16G-20









    Amends the Criminal Code of 1961. In  the offense of aggravated identity theft,
includes identity theft committed in furtherance of the activities of an organized gang.  Effective immediately.
















LRB095 04094 RLC 24132 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0449

LRB095 04094 RLC 24132 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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Section 16G-20 as follows:
 



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    (720 ILCS 5/16G-20)



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    Sec. 16G-20. Aggravated identity theft. 

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

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

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    (b) Knowledge shall be determined by an evaluation of all 
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circumstances
surrounding the use of the other
person's 
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identifying information or document.

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    (c) When a charge of aggravated identity theft of credit,

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money,
goods, services, or other
property exceeding a specified 
 


 






HB0449
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LRB095 04094 RLC 24132 b




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value is brought the value of the credit, money,
goods, 
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services, or other
property is an element of the offense to be 
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resolved by the trier of fact as
either exceeding or not 
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exceeding
the specified value.

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

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    (e) Sentence.


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

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


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

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


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

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


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

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


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

 


 






HB0449
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LRB095 04094 RLC 24132 b




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(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)

 

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