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Sen. Ira I. Silverstein
Filed: 3/8/2007
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LRB095 07903 RLC 32946 a |
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| AMENDMENT TO SENATE BILL 141
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| AMENDMENT NO. ______. Amend Senate Bill 141 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Section 16G-15 as follows:
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| (720 ILCS 5/16G-15)
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| Sec. 16G-15. Identity theft.
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| (a) A person commits the
the offense of identity theft when |
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| he or
she
knowingly:
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| (1) uses any personal
identifying information or |
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| personal identification document of another
person to |
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| fraudulently obtain credit, money, goods, services, or |
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| other
property, or
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| (2) uses any personal identification information or |
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| personal
identification document of another with intent to |
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| commit any felony theft
or other felony violation of State |
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LRB095 07903 RLC 32946 a |
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| law not set forth in
paragraph (1) of this subsection (a), |
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| or
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| (3) obtains, records, possesses, sells, transfers, |
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| purchases, or
manufactures any personal identification |
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| information or personal
identification document of another |
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| with intent to commit or to aid or abet
another in |
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| committing any felony theft or other felony violation of
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| State law, or
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| (4) uses, obtains, records, possesses, sells, |
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| transfers, purchases,
or manufactures any personal |
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| identification information or
personal identification |
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| document of another knowing that such
personal |
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| identification information or personal identification
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| documents were stolen or produced without lawful |
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| authority, or
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| (5) uses, transfers, or possesses document-making |
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| implements to
produce false identification or false |
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| documents with knowledge that
they will be used by the |
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| person or another to commit any felony theft or other
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| felony violation of State law, or
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| (6) uses any personal identification information or |
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| personal identification document of another to portray |
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| himself or herself as that person, or otherwise, for the |
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| purpose of gaining access to any personal identification |
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| information or personal identification document of that |
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| person, without the prior express permission of that |
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LRB095 07903 RLC 32946 a |
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| person, or |
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| (7) uses any personal identification information or |
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| personal identification document of another for the |
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| purpose of gaining access to any record of the actions |
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| taken, communications made or received, or other |
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| activities or transactions of that person, without the |
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| prior express permission of that person.
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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 identity theft of credit, money, |
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| goods,
services, or other property
exceeding a specified value |
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| is brought the value of the credit, money, goods,
services, or |
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| other property is
an element of the offense to be resolved by |
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| the trier of fact as either
exceeding or not exceeding the
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| specified value.
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| (d) Sentence.
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| (1) A person convicted of identity theft in violation |
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| of paragraph (1)
of subsection (a) shall be sentenced as |
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| follows:
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| (A) identity theft of credit, money, goods, |
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| services, or
other
property not exceeding $300 in
value |
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| is a Class 4 felony. A person who has been previously |
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| convicted of
identity theft of
less than $300 who is |
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| convicted of a second or subsequent offense of
identity |
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| theft of less than
$300 is guilty of a Class 3 felony. |
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LRB095 07903 RLC 32946 a |
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| A person who has been convicted of identity
theft of |
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| less than
$300 who has been previously convicted of any |
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| type of theft, robbery, armed
robbery, burglary, |
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| residential
burglary, possession of burglary tools, |
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| home invasion, home repair fraud,
aggravated home |
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| repair fraud, or
financial exploitation of an elderly |
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| or disabled person is guilty of a Class 3
felony. When |
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| a person has any
such prior conviction, the information |
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| or indictment charging that person shall
state the |
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| prior conviction so
as to give notice of the State's |
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| intention to treat the charge as a Class 3 felony. The
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| fact of the prior conviction is
not an element of the |
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| offense and may not be disclosed to the jury during |
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| trial
unless otherwise permitted
by issues properly |
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| raised during the trial.
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| (B) Identity theft of credit, money, goods,
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| services, or other
property exceeding $300 and not
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| exceeding $2,000 in value is a Class 3 felony.
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| (C) Identity theft of credit, money, goods,
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| services, or other
property exceeding $2,000 and not
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| exceeding $10,000 in value is a Class 2 felony.
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| (D) Identity theft of credit, money, goods,
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| services, or other
property exceeding $10,000 and
not |
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| exceeding $100,000 in value is a Class 1 felony.
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| (E) Identity theft of credit, money, goods,
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| services, or
other property exceeding $100,000 in
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LRB095 07903 RLC 32946 a |
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| value is a Class X felony.
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| (2) A person convicted of any offense enumerated in |
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| paragraphs
(2) through (7) of subsection (a) is guilty of a |
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| Class 3 felony.
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| (3) A person convicted of any offense enumerated in |
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| paragraphs
(2) through (5) of subsection (a) a second or |
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| subsequent time is
guilty of a Class 2 felony.
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| (4) A person who, within a 12 month period, is found in |
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| violation
of any offense enumerated in paragraphs (2) |
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| through (7) of
subsection (a) with respect to the |
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| identifiers of, or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is |
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| guilty
of a Class 2 felony.
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| (5) A person convicted of identity theft in violation |
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| of paragraph (2) of subsection (a) who uses any personal |
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| identification information or personal
identification |
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| document of another to purchase methamphetamine |
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| manufacturing material as defined in Section 10 of the |
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| Methamphetamine Control and Community Protection Act with |
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| the intent to unlawfully manufacture methamphetamine is |
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| guilty of a Class 2 felony for a first offense and a Class |
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| 1 felony for a second or subsequent offense.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; |
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| 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)".
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