Synopsis As Introduced Amends the Criminal Code of 1961. Creates the offense of facilitating identity theft. Provides that a person commits the offense when he or she is an employee of the State of Illinois who in the course of his or her official duties has access to personal identifying information of another person, whether written, recorded, or on computer disk and disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. Provides for civil remedies. Provides that such violation is official misconduct. Provides that a violation is a Class 3 felony.
House Committee Amendment No. 1 Provides that in order for a person to be guilty of facilitating identity theft, the person must have knowingly disposed of the written, recorded, or computerized personal identifying information.
Deletes everything after the enacting clause. Amends the Criminal Code of 1961. Reinserts the provisions of the bill, as amended, with these changes: (1) changes the penalties for facilitating identity theft from a Class 3 felony to a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; (2) provides that in order to commit the offense the offender must have the intent of committing identity theft, aggravated identity theft, or a violation of the Illinois Financial Crime Law; (3) deletes the amendatory changes to the statute concerning official misconduct; and (4) changes the title of Article 16H of the Criminal Code of 1961 from the Illinois Financial Crime Act to the Illinois Financial Crime Law.
Senate Committee Amendment No. 1 In provisions setting forth the elements of the offense of facilitating identity theft, provides that the information disposed by the State employee must be personal information as defined in the Personal Information Protection Act (rather than personal identifying information as defined in the Identity Theft Law of the Criminal Code of 1961).
Senate Floor Amendment No. 2 Provides that the offense of facilitating identity theft may be committed by a person who, in the course of his or her employment or official duties, has access to the personal information of another person in possession of the State of Illinois (rather than just by an employee of the State of Illinois who, in the course of his or her official duties, has access to the personal information).