97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0151

 

Introduced 2/8/2011, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16G-10
720 ILCS 5/16G-15
720 ILCS 5/16G-20

    Amends the Criminal Code of 1961. Provides that a person commits identity theft when he or she knowingly uses, possesses, or transfers a radio frequency identification device capable of obtaining or processing personal identifying information from a radio frequency identification (RFID) tag or transponder with knowledge that the device will be used by the person or another to commit a felony violation of State law or any violation of the Identity Theft Law. Provides that, in addition to other elements of the offense, aggravated identity theft consists of the proscribed conduct. Establishes penalties.


LRB097 06635 RLC 46721 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0151LRB097 06635 RLC 46721 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 16G-10, 16G-15, and 16G-20 as follows:
 
6    (720 ILCS 5/16G-10)
7    Sec. 16G-10. Definitions. In this Article unless the
8context otherwise requires:
9    (a) "Personal identification document" means a birth
10certificate, a drivers license, a State identification card, a
11public, government, or private employment identification card,
12a social security card, a firearm owner's identification card,
13a credit card, a debit card, or a passport issued to or on
14behalf of a person other than the offender, or any document
15made or issued, or falsely purported to have been made or
16issued, by or under the authority of the United States
17Government, the State of Illinois, or any other State political
18subdivision of any state, or any other governmental or
19quasi-governmental organization that is of a type intended for
20the purpose of identification of an individual, or any such
21document made or altered in a manner that it falsely purports
22to have been made on behalf of or issued to another person or
23by the authority of one who did not give that authority.

 

 

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1    (b) "Personal identifying information" means any of the
2following information:
3        (1) A person's name;
4        (2) A person's address;
5        (2.5) A person's date of birth;
6        (3) A person's telephone number;
7        (4) A person's drivers license number or State of
8    Illinois identification card as assigned by the Secretary
9    of State of the State of Illinois or a similar agency of
10    another state;
11        (5) A person's Social Security number;
12        (6) A person's public, private, or government
13    employer, place of employment, or employment
14    identification number;
15        (7) The maiden name of a person's mother;
16        (8) The number assigned to a person's depository
17    account, savings account, or brokerage account;
18        (9) The number assigned to a person's credit or debit
19    card, commonly known as a "Visa Card", "Master Card",
20    "American Express Card", "Discover Card", or other similar
21    cards whether issued by a financial institution,
22    corporation, or business entity;
23        (10) Personal identification numbers;
24        (11) Electronic identification numbers;
25        (12) Digital signals;
26        (12.5) User names, passwords, and any other word,

 

 

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1    number, character or combination of the same usable in
2    whole or part to access information relating to a specific
3    individual, or to the actions taken, communications made or
4    received, or other activities or transactions of a specific
5    individual.
6        (13) Any other numbers or information which can be used
7    to access a person's financial resources, or to identify a
8    specific individual, or the actions taken, communications
9    made or received, or other activities or transactions of a
10    specific individual.
11    (c) "Document-making implement" means any implement,
12impression, template, computer file, computer disc, electronic
13device, computer hardware, computer software, instrument, or
14device that is used to make a real or fictitious or fraudulent
15personal identification document.
16    (d) "Financial transaction device" means any of the
17following:
18        (1) An electronic funds transfer card.
19        (2) A credit card.
20        (3) A debit card.
21        (4) A point-of-sale card.
22        (5) Any instrument, device, card, plate, code, account
23    number, personal identification number, or a record or copy
24    of a code, account number, or personal identification
25    number or other means of access to a credit account or
26    deposit account, or a driver's license or state

 

 

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1    identification card used to access a proprietary account,
2    other than access originated solely by a paper instrument,
3    that can be used alone or in conjunction with another
4    access device, for any of the following purposes:
5            (A) Obtaining money, cash refund or credit
6        account, credit, goods, services, or any other thing of
7        value.
8            (B) Certifying or guaranteeing to a person or
9        business the availability to the device holder of funds
10        on deposit to honor a draft or check payable to the
11        order of that person or business.
12            (C) Providing the device holder access to a deposit
13        account for the purpose of making deposits,
14        withdrawing funds, transferring funds between deposit
15        accounts, obtaining information pertaining to a
16        deposit account, or making an electronic funds
17        transfer.
18    (e) "Radio frequency identification device" means any
19implement, computer file, computer disc, electronic device,
20computer hardware, computer software, or instrument that is
21used to activate, read, receive, or decode information stored
22on a RFID tag or transponder attached to a personal
23identification document.
24    (f) "RFID tag or transponder" means a chip or device that
25contains personal identifying information from which the
26personal identifying information can be read or decoded by

 

 

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1another device emitting a radio frequency that activates or
2powers a radio frequency emission response from the chip or
3transponder.
4(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05;
594-1008, eff. 7-5-06.)
 
6    (720 ILCS 5/16G-15)
7    Sec. 16G-15. Identity theft.
8    (a) A person commits the offense of identity theft when he
9or she knowingly:
10        (1) uses any personal identifying information or
11    personal identification document of another person to
12    fraudulently obtain credit, money, goods, services, or
13    other property; , or
14        (2) uses any personal identification information or
15    personal identification document of another with intent to
16    commit any felony theft or other felony violation of State
17    law not set forth in paragraph (1) of this subsection (a); ,
18    or
19        (3) obtains, records, possesses, sells, transfers,
20    purchases, or manufactures any personal identification
21    information or personal identification document of another
22    with intent to commit or to aid or abet another in
23    committing any felony theft or other felony violation of
24    State law; , or
25        (4) uses, obtains, records, possesses, sells,

 

 

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1    transfers, purchases, or manufactures any personal
2    identification information or personal identification
3    document of another knowing that such personal
4    identification information or personal identification
5    documents were stolen or produced without lawful
6    authority; , or
7        (5) uses, transfers, or possesses document-making
8    implements to produce false identification or false
9    documents with knowledge that they will be used by the
10    person or another to commit any felony theft or other
11    felony violation of State law; , or
12        (6) uses any personal identification information or
13    personal identification document of another to portray
14    himself or herself as that person, or otherwise, for the
15    purpose of gaining access to any personal identification
16    information or personal identification document of that
17    person, without the prior express permission of that
18    person; , or
19        (7) uses any personal identification information or
20    personal identification document of another for the
21    purpose of gaining access to any record of the actions
22    taken, communications made or received, or other
23    activities or transactions of that person, without the
24    prior express permission of that person; , or
25        (7.5) uses, possesses, or transfers a radio frequency
26    identification device capable of obtaining or processing

 

 

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1    personal identifying information from a radio frequency
2    identification (RFID) tag or transponder with knowledge
3    that the device will be used by the person or another to
4    commit a felony violation of State law or any violation of
5    this Article;
6        (8) in the course of applying for a building permit
7    with a unit of a local government, provides the license
8    number of a roofing contractor whom he or she does not
9    intend to have perform the work on the roofing portion of
10    the project; it . It is an affirmative defense to
11    prosecution under this paragraph (8) that the building
12    permit applicant promptly informed the unit of local
13    government that issued the building permit of any change in
14    the roofing contractor; or .
15        (9) (8) in the course of applying for a building permit
16    with a unit of local government, provides the license
17    number of a fire sprinkler contractor whom he or she does
18    not intend to have perform the work on the fire sprinkler
19    portion of the project; it . It is an affirmative defense to
20    prosecution under this paragraph (9) (8) that the building
21    permit applicant promptly informed the unit of local
22    government that issued the building permit of any change in
23    the fire sprinkler contractor.
24    (b) Knowledge shall be determined by an evaluation of all
25circumstances surrounding the use of the other person's
26identifying information or document.

 

 

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1    (c) When a charge of identity theft of credit, money,
2goods, services, or other property exceeding a specified value
3is brought the value of the credit, money, goods, services, or
4other property is an element of the offense to be resolved by
5the trier of fact as either exceeding or not exceeding the
6specified value.
7    (d) Sentence.
8        (1) A person convicted of identity theft in violation
9    of paragraph (1) of subsection (a) shall be sentenced as
10    follows:
11            (A) Identity theft of credit, money, goods,
12        services, or other property not exceeding $300 in value
13        is a Class 4 felony. A person who has been previously
14        convicted of identity theft of less than $300 who is
15        convicted of a second or subsequent offense of identity
16        theft of less than $300 is guilty of a Class 3 felony.
17        A person who has been convicted of identity theft of
18        less than $300 who has been previously convicted of any
19        type of theft, robbery, armed robbery, burglary,
20        residential burglary, possession of burglary tools,
21        home invasion, home repair fraud, aggravated home
22        repair fraud, or financial exploitation of an elderly
23        or disabled person is guilty of a Class 3 felony.
24        Identity theft of credit, money, goods, services, or
25        other property not exceeding $300 in value when the
26        victim of the identity theft is an active duty member

 

 

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1        of the Armed Services or Reserve Forces of the United
2        States or of the Illinois National Guard serving in a
3        foreign country is a Class 3 felony. A person who has
4        been previously convicted of identity theft of less
5        than $300 who is convicted of a second or subsequent
6        offense of identity theft of less than $300 when the
7        victim of the identity theft is an active duty member
8        of the Armed Services or Reserve Forces of the United
9        States or of the Illinois National Guard serving in a
10        foreign country is guilty of a Class 2 felony. A person
11        who has been convicted of identity theft of less than
12        $300 when the victim of the identity theft is an active
13        duty member of the Armed Services or Reserve Forces of
14        the United States or of the Illinois National Guard
15        serving in a foreign country who has been previously
16        convicted of any type of theft, robbery, armed robbery,
17        burglary, residential burglary, possession of burglary
18        tools, home invasion, home repair fraud, aggravated
19        home repair fraud, or financial exploitation of an
20        elderly or disabled person is guilty of a Class 2
21        felony. When a person has any such prior conviction,
22        the information or indictment charging that person
23        shall state the prior conviction so as to give notice
24        of the State's intention to treat the charge as a Class
25        3 felony. The fact of the prior conviction is not an
26        element of the offense and may not be disclosed to the

 

 

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1        jury during trial unless otherwise permitted by issues
2        properly raised during the trial.
3            (B) Identity theft of credit, money, goods,
4        services, or other property exceeding $300 and not
5        exceeding $2,000 in value is a Class 3 felony. Identity
6        theft of credit, money, goods, services, or other
7        property exceeding $300 and not exceeding $2,000 in
8        value when the victim of the identity theft is an
9        active duty member of the Armed Services or Reserve
10        Forces of the United States or of the Illinois National
11        Guard serving in a foreign country is a Class 2 felony.
12            (C) Identity theft of credit, money, goods,
13        services, or other property exceeding $2,000 and not
14        exceeding $10,000 in value is a Class 2 felony.
15        Identity theft of credit, money, goods, services, or
16        other property exceeding $2,000 and not exceeding
17        $10,000 in value when the victim of the identity theft
18        is an active duty member of the Armed Services or
19        Reserve Forces of the United States or of the Illinois
20        National Guard serving in a foreign country is a Class
21        1 felony.
22            (D) Identity theft of credit, money, goods,
23        services, or other property exceeding $10,000 and not
24        exceeding $100,000 in value is a Class 1 felony.
25        Identity theft of credit, money, goods, services, or
26        other property exceeding $10,000 and not exceeding

 

 

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1        $100,000 in value when the victim of the identity theft
2        is an active duty member of the Armed Services or
3        Reserve Forces of the United States or of the Illinois
4        National Guard serving in a foreign country is a Class
5        X felony.
6            (E) Identity theft of credit, money, goods,
7        services, or other property exceeding $100,000 in
8        value is a Class X felony.
9        (2) A person convicted of any offense enumerated in
10    paragraphs (2) through (7.5) (7) of subsection (a) is
11    guilty of a Class 3 felony. A person convicted of any
12    offense enumerated in paragraphs (2) through (7.5) (7) of
13    subsection (a) when the victim of the identity theft is an
14    active duty member of the Armed Services or Reserve Forces
15    of the United States or of the Illinois National Guard
16    serving in a foreign country is guilty of a Class 2 felony.
17        (3) A person convicted of any offense enumerated in
18    paragraphs (2) through (5) and (7.5) of subsection (a) a
19    second or subsequent time is guilty of a Class 2 felony. A
20    person convicted of any offense enumerated in paragraphs
21    (2) through (5) and (7.5) of subsection (a) a second or
22    subsequent time when the victim of the identity theft is an
23    active duty member of the Armed Services or Reserve Forces
24    of the United States or of the Illinois National Guard
25    serving in a foreign country is guilty of a Class 1 felony.
26        (4) A person who, within a 12 month period, is found in

 

 

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1    violation of any offense enumerated in paragraphs (2)
2    through (7.5) (7) of subsection (a) with respect to the
3    identifiers of, or other information relating to, 3 or more
4    separate individuals, at the same time or consecutively, is
5    guilty of a Class 2 felony. A person who, within a 12 month
6    period, is found in violation of any offense enumerated in
7    paragraphs (2) through (7.5) (7) of subsection (a) with
8    respect to the identifiers of, or other information
9    relating to, 3 or more separate individuals, at the same
10    time or consecutively, when the victim of the identity
11    theft is an active duty member of the Armed Services or
12    Reserve Forces of the United States or of the Illinois
13    National Guard serving in a foreign country is guilty of a
14    Class 1 felony.
15        (5) A person convicted of identity theft in violation
16    of paragraph (2) of subsection (a) who uses any personal
17    identification information or personal identification
18    document of another to purchase methamphetamine
19    manufacturing material as defined in Section 10 of the
20    Methamphetamine Control and Community Protection Act with
21    the intent to unlawfully manufacture methamphetamine is
22    guilty of a Class 2 felony for a first offense and a Class
23    1 felony for a second or subsequent offense. A person
24    convicted of identity theft in violation of paragraph (2)
25    of subsection (a) who uses any personal identification
26    information or personal identification document of another

 

 

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1    to purchase methamphetamine manufacturing material as
2    defined in Section 10 of the Methamphetamine Control and
3    Community Protection Act with the intent to unlawfully
4    manufacture methamphetamine when the victim of the
5    identity theft is an active duty member of the Armed
6    Services or Reserve Forces of the United States or of the
7    Illinois National Guard serving in a foreign country is
8    guilty of a Class 1 felony for a first offense and a Class
9    X felony for a second or subsequent offense.
10        (6) A person convicted of identity theft in violation
11    of paragraph (8) or (9) of subsection (a) of this Section
12    is shall be guilty of a Class 4 felony.
13(Source: P.A. 95-60, eff. 1-1-08; 95-331, eff. 8-21-07;
1496-1324, eff. 7-27-10; 96-1455, eff. 8-20-10; revised
159-16-10.)
 
16    (720 ILCS 5/16G-20)
17    Sec. 16G-20. Aggravated identity theft.
18    (a) A person commits the offense of aggravated identity
19theft when he or she commits the offense of identity theft as
20set forth in subsection (a) of Section 16G-15:
21        (1) against a person 60 years of age or older or a
22    disabled person as defined in Section 16-1.3 of this Code;
23    or
24        (2) in furtherance of the activities of an organized
25    gang.

 

 

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1    For purposes of this Section, "organized gang" has the
2meaning ascribed to that term in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (b) Knowledge shall be determined by an evaluation of all
5circumstances surrounding the use of the other person's
6identifying information or document.
7    (c) When a charge of aggravated identity theft of credit,
8money, goods, services, or other property exceeding a specified
9value is brought the value of the credit, money, goods,
10services, or other property is an element of the offense to be
11resolved by the trier of fact as either exceeding or not
12exceeding the specified value.
13    (d) A defense to aggravated identity theft under paragraph
14(a)(1) does not exist merely because the accused reasonably
15believed the victim to be a person less than 60 years of age.
16    (e) Sentence.
17        (1) Aggravated identity theft of credit, money, goods,
18    services, or other property not exceeding $300 in value is
19    a Class 3 felony.
20        (2) Aggravated identity theft of credit, money, goods,
21    services, or other property exceeding $300 and not
22    exceeding $10,000 in value is a Class 2 felony.
23        (3) Aggravated identity theft of credit, money, goods,
24    services, or other property exceeding $10,000 in value and
25    not exceeding $100,000 in value is a Class 1 felony.
26        (4) Aggravated identity theft of credit, money, goods,

 

 

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1    services, or other property exceeding $100,000 in value is
2    a Class X felony.
3        (4.1) Aggravated identity theft for a violation of any
4    offense enumerated in paragraphs (2) through (7.5) (7) of
5    subsection (a) of Section 16G-15 of this Code is a Class 2
6    felony.
7        (4.2) Aggravated identity theft when a person who,
8    within a 12 month period, is found in violation of any
9    offense enumerated in paragraphs (2) through (7.5) (7) of
10    subsection (a) of Section 16G-15 with identifiers of, or
11    other information relating to, 3 or more separate
12    individuals, at the same time or consecutively, is a Class
13    1 felony.
14        (5) A person who has been previously convicted of
15    aggravated identity theft regardless of the value of the
16    property involved who is convicted of a second or
17    subsequent offense of aggravated identity theft regardless
18    of the value of the property involved is guilty of a Class
19    X felony.
20(Source: P.A. 95-199, eff. 8-16-07; 96-243, eff. 8-11-09.)