093_SB0242enr

 
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 1        AN ACT in relation to criminal law.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Criminal  Code  of 1961 is amended by
 5    changing the heading  of  Article  16G  and  Sections  16G-1,
 6    16G-5, 16G-10, 16G-15, 16G-20, 16G-21, and 16G-25 as follows:

 7        (720 ILCS 5/Article 16G heading)
 8                ARTICLE 16G FINANCIAL IDENTITY THEFT
 9                      AND ASSET FORFEITURE LAW

10        (720 ILCS 5/16G-1)
11        Sec.  16G-1.  Short  title.  This Article may be cited as
12    the Financial Identity Theft and Asset Forfeiture Law.
13    (Source: P.A. 91-517, eff. 8-13-99.)

14        (720 ILCS 5/16G-5)
15        Sec. 16G-5.  Legislative declaration.
16        (a)  It is the public  policy  of  this  State  that  the
17    substantial burden placed upon the economy of this State as a
18    result  of  the  rising incidence of financial identity theft
19    and the negative effect of this crime on the People  of  this
20    State  and  its  victims  is a matter of grave concern to the
21    People of this State who have the right to  be  protected  in
22    their  health,  safety,  and welfare from the effects of this
23    crime,  and  therefore  financial  identity  theft  shall  be
24    identified  and  dealt   with   swiftly   and   appropriately
25    considering the onerous nature of the crime.
26        (b)  The  widespread availability and unauthorized access
27    to personal identification information have led and will lead
28    to a substantial increase in identity theft related crimes.
29    (Source: P.A. 91-517, eff. 8-13-99.)
 
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 1        (720 ILCS 5/16G-10)
 2        Sec. 16G-10. Definitions.  In  this  Article  unless  the
 3    context otherwise requires:
 4        (a)  "Personal  identification  document"  means  a birth
 5    certificate, a drivers license, a State identification  card,
 6    a  public,  government,  or private employment identification
 7    card,   a   social   security   card,   a   firearm   owner's
 8    identification card, a  credit  card,  a  debit  card,  or  a
 9    passport  issued  to  or on behalf of a person other than the
10    offender,  or  any  document  made  or  issued,  or   falsely
11    purported  to  have  been  made  or  issued,  by or under the
12    authority of the  United  States  Government,  the  State  of
13    Illinois,  or  any  other  State political subdivision of any
14    state,  or  any  other  governmental  or   quasi-governmental
15    organization  that  is  of a type intended for the purpose of
16    identification of an individual, or any such document made or
17    altered in a manner that it falsely  purports  to  have  been
18    made  on  behalf  of  or  issued  to another person or by the
19    authority of one who did not give that authority.
20        (b)  "Personal identifying information" means any of  the
21    following information:
22             (1)  A person's name;
23             (2)  A person's address;
24             (2.5)  A person's date of birth;
25             (3)  A person's telephone number;
26             (4)  A  person's  drivers license number or State of
27        Illinois identification card as assigned by the Secretary
28        of State of the State of Illinois or a similar agency  of
29        another state;
30             (5)  A person's Social Security number;
31             (6)  A   person's  public,  private,  or  government
32        employer,   place   of    employment,    or    employment
33        identification number;
34             (7)  The maiden name of a person's mother;
 
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 1             (8)  The  number  assigned  to a person's depository
 2        account, savings account, or brokerage account;
 3             (9)  The number assigned to  a  person's  credit  or
 4        debit  card,  commonly  known  as  a "Visa Card", "Master
 5        Card", "American Express Card", "Discover Card", or other
 6        similar cards whether issued by a financial  institution,
 7        corporation, or business entity;
 8             (10)  Personal identification numbers;
 9             (11)  Electronic identification numbers;
10             (12)  Digital signals;
11             (13)  Any  other numbers or information which can be
12        used to access a  person's  financial  resources,  or  to
13        identify a specific individual.
14        (c)  "Document-making  implement"  means  any  implement,
15    impression,   template,   computer   file,   computer   disc,
16    electronic  device,  computer  hardware,  computer  software,
17    instrument,  or  device  that  is  used  to  make  a  real or
18    fictitious or fraudulent personal identification document.
19    (Source: P.A. 91-517, eff. 8-13-99.)

20        (720 ILCS 5/16G-15)
21        Sec. 16G-15.  Financial Identity theft.
22        (a)  A person commits the offense of  financial  identity
23    theft when he or she knowingly:
24             (1)  uses  any  personal  identifying information or
25        personal identification document  of  another  person  to
26        fraudulently  obtain  credit,  money, goods, services, or
27        other property, or.
28             (2)  uses any personal identification information or
29        personal identification document of another  with  intent
30        to  commit  any felony theft or other felony violation of
31        State  law  not  set  forth  in  paragraph  (1)  of  this
32        subsection (a), or
33             (3)  obtains, records, possesses, sells,  transfers,
 
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 1        purchases,  or  manufactures  any personal identification
 2        information  or  personal  identification   document   of
 3        another  with  intent to commit or to aid or abet another
 4        in committing any felony theft or other felony  violation
 5        of State law, or
 6             (4)  uses,   obtains,   records,  possesses,  sells,
 7        transfers,  purchases,  or  manufactures   any   personal
 8        identification  information  or  personal  identification
 9        document   of   another   knowing   that   such  personal
10        identification  information  or  personal  identification
11        documents  were  stolen  or   produced   without   lawful
12        authority, or
13             (5)  uses,  transfers,  or possesses document-making
14        implements  to  produce  false  identification  or  false
15        documents with knowledge that they will be  used  by  the
16        person  or  another  to  commit any felony theft or other
17        felony violation of State law.
18        (b)  Knowledge shall be determined by  an  evaluation  of
19    all  circumstances  surrounding the use of the other person's
20    identifying information or document.
21        (c)  When a charge of financial identity theft of credit,
22    money,  goods,  services,  or  other  property  exceeding   a
23    specified  value  is  brought the value of the credit, money,
24    goods, services, or other  property  is  an  element  of  the
25    offense  to  be  resolved  by  the  trier  of  fact as either
26    exceeding or not exceeding the specified value.
27        (d)  Sentence.
28               (1)  A  person  convicted  of  identity  theft  in
29        violation of paragraph (1) of  subsection  (a)  shall  be
30        sentenced as follows:
31             (A)  Financial  identity  theft  of  credit,  money,
32        goods,  services, or other property not exceeding $300 in
33        value is a Class A misdemeanor. A  person  who  has  been
34        previously  convicted of financial identity theft of less
 
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 1        than $300 who is convicted  of  a  second  or  subsequent
 2        offense  of financial identity theft of less than $300 is
 3        guilty of a  Class  4  felony.  A  person  who  has  been
 4        convicted  of  financial identity theft of less than $300
 5        who has been previously convicted of any type  of  theft,
 6        robbery,  armed  robbery, burglary, residential burglary,
 7        possession of burglary tools, home invasion, home  repair
 8        fraud,   aggravated   home  repair  fraud,  or  financial
 9        exploitation of an elderly or disabled person  is  guilty
10        of  a  Class  4 felony.  When a person has any such prior
11        conviction, the information or indictment  charging  that
12        person  shall  state  the  prior conviction so as to give
13        notice of the State's intention to treat the charge as  a
14        felony.  The  fact  of  the  prior  conviction  is not an
15        element of the offense and may not be  disclosed  to  the
16        jury  during  trial  unless otherwise permitted by issues
17        properly raised during the trial.
18             (B) (2)  Financial Identity theft of credit,  money,
19        goods, services, or other property exceeding $300 and not
20        exceeding $2,000 in value is a Class 4 felony.
21             (C) (3)  Financial  Identity theft of credit, money,
22        goods, services, or other property exceeding  $2,000  and
23        not exceeding $10,000 in value is a Class 3 felony.
24             (D) (4)  Financial  Identity theft of credit, money,
25        goods, services, or other property exceeding $10,000  and
26        not exceeding $100,000 in value is a Class 2 felony.
27             (E) (5)  Financial  Identity theft of credit, money,
28        goods, services, or other property exceeding $100,000  in
29        value is a Class 1 felony.
30             (2)  A person convicted of any offense enumerated in
31        paragraphs (2) through (5) of subsection (a) is guilty of
32        a Class 4 felony.
33             (3)  A person convicted of any offense enumerated in
34        paragraphs  (2) through (5) of subsection (a) a second or
 
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 1        subsequent time is guilty of a Class 3 felony.
 2             (4)  A person who, within  a  12  month  period,  is
 3        found   in   violation   of  any  offense  enumerated  in
 4        paragraphs (2) through (5) of subsection (a) with respect
 5        to the identifiers of 3 or more separate individuals,  at
 6        the  same  time  or consecutively, is guilty of a Class 3
 7        felony.
 8    (Source: P.A. 91-517, eff. 8-13-99; 92-792, eff. 8-6-02.)

 9        (720 ILCS 5/16G-20)
10        Sec. 16G-20.  Aggravated financial identity theft.
11        (a)  A person commits the offense of aggravated financial
12    identity  theft  when  he  or  she  commits  the  offense  of
13    financial identity theft as set forth in  subsection  (a)  of
14    Section 16G-15 against a person 60 years of age or older or a
15    disabled person as defined in Section 16-1.3 of this Code.
16        (b)  Knowledge  shall  be  determined by an evaluation of
17    all circumstances surrounding the use of the  other  person's
18    identifying information or document.
19        (c)  When a charge of aggravated financial identity theft
20    of   credit,   money,  goods,  services,  or  other  property
21    exceeding a specified value  is  brought  the  value  of  the
22    credit,  money,  goods,  services,  or  other  property is an
23    element of the offense to be resolved by the trier of fact as
24    either exceeding or not exceeding the specified value.
25        (d)  A defense to  aggravated  financial  identity  theft
26    does not exist merely because the accused reasonably believed
27    the victim to be a person less than 60 years of age.
28        (e)  Sentence.
29             (1)  Aggravated  financial identity theft of credit,
30        money, goods, services, or other property  not  exceeding
31        $300 in value is a Class 4 felony.
32             (2)  Aggravated  financial identity theft of credit,
33        money, goods, services, or other property exceeding  $300
 
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 1        and not exceeding $10,000 in value is a Class 3 felony.
 2             (3)  Aggravated  financial identity theft of credit,
 3        money,  goods,  services,  or  other  property  exceeding
 4        $10,000 in value and not exceeding $100,000 in value is a
 5        Class 2 felony.
 6             (4)  Aggravated financial identity theft of  credit,
 7        money,  goods,  services,  or  other  property  exceeding
 8        $100,000 in value is a Class 1 felony.
 9             (5)  A  person  who has been previously convicted of
10        aggravated financial identity  theft  regardless  of  the
11        value  of  the  property  involved  who is convicted of a
12        second or  subsequent  offense  of  aggravated  financial
13        identity  theft  regardless  of the value of the property
14        involved is guilty of a Class X felony.
15    (Source: P.A. 91-517, eff. 8-13-99.)

16        (720 ILCS 5/16G-21)
17        Sec. 16G-21.  Civil remedies.  A person who is  convicted
18    of  financial identity theft or aggravated financial identity
19    theft is liable in a civil action to the person who  suffered
20    damages  as  a result of the violation.  The person suffering
21    damages may recover court costs, attorney's fees, lost wages,
22    and actual damages.
23    (Source: P.A. 92-686, eff. 7-16-02.)

24        (720 ILCS 5/16G-25)
25        Sec. 16G-25. Offenders interest in the property. It is no
26    defense to a charge of aggravated financial identity theft or
27    financial identity theft that the offender has an interest in
28    the  credit,  money,  goods,  services,  or  other   property
29    obtained in the name of the other person.
30    (Source: P.A. 91-517, eff. 8-13-99.)

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