96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0597


 
Introduced 2/6/2009, by Rep. Elaine Nekritz
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/16G-20









    Amends the Criminal Code of 1961.  Enhances the penalties for aggravated identity theft.  Effective immediately. 
















LRB096 05768 RLC 15843 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0597

LRB096 05768 RLC 15843 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 
 


 






HB0597
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LRB096 05768 RLC 15843 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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        (4.1)  Aggravated identity theft for a violation of any 
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    offense enumerated in paragraphs (2) through (7) of 
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    subsection (a) of Section 16G-15 of this Code is a Class 2 
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    felony.
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        (4.2) Aggravated identity theft when a person who, 
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    within a 12 month period, is found in violation of any 
 


 






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    offense enumerated in paragraphs (2) through (7) of 
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    subsection (a) of Section 16G-15 with identifiers of, or 
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    other information relating to, 3 or more separate 
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    individuals, at the same time or consecutively, is a Class 
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    1 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.

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(Source: P.A. 94-39, eff. 6-16-05; 95-199, eff. 8-16-07.)

 

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