Illinois General Assembly - Full Text of SB1943
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Full Text of SB1943  102nd General Assembly

SB1943 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1943

 

Introduced 2/26/2021, by Sen. Donald P. DeWitte

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-30

    Amends the Criminal Code of 2012. Provides that when "another" or "another person" is used in the identity theft and aggravated identity theft statute it includes, but is not limited to, an individual, whether living or deceased or real or fictitious. Provides that it also includes any entity, firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation, or other private or public entity.


LRB102 04253 RLC 14271 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1943LRB102 04253 RLC 14271 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 2012 is amended by
5changing Section 16-30 as follows:
 
6    (720 ILCS 5/16-30)
7    Sec. 16-30. Identity theft; aggravated identity theft.
8    (a) A person commits identity theft when he or she
9knowingly:
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;
14        (2) uses any personal identifying information or
15    personal identification document of another with intent to
16    commit any felony not set forth in paragraph (1) of this
17    subsection (a);
18        (3) obtains, records, possesses, sells, transfers,
19    purchases, or manufactures any personal identifying
20    information or personal identification document of another
21    with intent to commit any felony;
22        (4) uses, obtains, records, possesses, sells,
23    transfers, purchases, or manufactures any personal

 

 

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

 

 

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1    commit a felony violation of State law or any violation of
2    this Article; or
3        (8) in the course of applying for a building permit
4    with a unit of local government, provides the license
5    number of a roofing or fire sprinkler contractor whom he
6    or she does not intend to have perform the work on the
7    roofing or fire sprinkler portion of the project; it is an
8    affirmative defense to prosecution under this paragraph
9    (8) that the building permit applicant promptly informed
10    the unit of local government that issued the building
11    permit of any change in the roofing or fire sprinkler
12    contractor.
13    (b) Aggravated identity theft. A person commits aggravated
14identity theft when he or she commits identity theft as set
15forth in subsection (a) of this Section:
16        (1) against a person 60 years of age or older or a
17    person with a disability; or
18        (2) in furtherance of the activities of an organized
19    gang.
20    A defense to aggravated identity theft does not exist
21merely because the accused reasonably believed the victim to
22be a person less than 60 years of age. For the purposes of this
23subsection, "organized gang" has the meaning ascribed in
24Section 10 of the Illinois Streetgang Terrorism Omnibus
25Prevention Act.
26    (c) Knowledge shall be determined by an evaluation of all

 

 

SB1943- 4 -LRB102 04253 RLC 14271 b

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

 

 

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1            exploitation of an elderly person or person with a
2            disability is guilty of a Class 3 felony. Identity
3            theft of credit, money, goods, services, or other
4            property not exceeding $300 in value when the
5            victim of the identity theft is an active duty
6            member of the Armed Services or Reserve Forces of
7            the United States or of the Illinois National
8            Guard serving in a foreign country is a Class 3
9            felony. A person who has been previously convicted
10            of identity theft of less than $300 who is
11            convicted of a second or subsequent offense of
12            identity theft of less than $300 when the victim
13            of the identity theft is an active duty member of
14            the Armed Services or Reserve Forces of the United
15            States or of the Illinois National Guard serving
16            in a foreign country is guilty of a Class 2 felony.
17            A person who has been convicted of identity theft
18            of less than $300 when the victim of the identity
19            theft is an active duty member of the Armed
20            Services or Reserve Forces of the United States or
21            of the Illinois National Guard serving in a
22            foreign country who has been previously convicted
23            of any type of theft, robbery, armed robbery,
24            burglary, residential burglary, possession of
25            burglary tools, home invasion, home repair fraud,
26            aggravated home repair fraud, or financial

 

 

SB1943- 6 -LRB102 04253 RLC 14271 b

1            exploitation of an elderly person or person with a
2            disability is guilty of a Class 2 felony.
3                (ii) 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.
6            Identity theft of credit, money, goods, services,
7            or other property exceeding $300 and not exceeding
8            $2,000 in value when the victim of the identity
9            theft is an active duty member of the Armed
10            Services or Reserve Forces of the United States or
11            of the Illinois National Guard serving in a
12            foreign country is a Class 2 felony.
13                (iii) Identity theft of credit, money, goods,
14            services, or other property exceeding $2,000 and
15            not exceeding $10,000 in value is a Class 2
16            felony. Identity theft of credit, money, goods,
17            services, or other property exceeding $2,000 and
18            not exceeding $10,000 in value when the victim of
19            the identity theft is an active duty member of the
20            Armed Services or Reserve Forces of the United
21            States or of the Illinois National Guard serving
22            in a foreign country is a Class 1 felony.
23                (iv) Identity theft of credit, money, goods,
24            services, or other property exceeding $10,000 and
25            not exceeding $100,000 in value is a Class 1
26            felony. Identity theft of credit, money, goods,

 

 

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1            services, or other property exceeding $10,000 and
2            not exceeding $100,000 in value when the victim of
3            the identity theft is an active duty member of the
4            Armed Services or Reserve Forces of the United
5            States or of the Illinois National Guard serving
6            in a foreign country is a Class X felony.
7                (v) Identity theft of credit, money, goods,
8            services, or other property exceeding $100,000 in
9            value is a Class X felony.
10            (B) A person convicted of any offense enumerated
11        in paragraphs (2) through (7.5) of subsection (a) is
12        guilty of a Class 3 felony. A person convicted of any
13        offense enumerated in paragraphs (2) through (7.5) of
14        subsection (a) when the victim of the identity theft
15        is an active duty member of the Armed Services or
16        Reserve Forces of the United States or of the Illinois
17        National Guard serving in a foreign country is guilty
18        of a Class 2 felony.
19            (C) A person convicted of any offense enumerated
20        in paragraphs (2) through (5) and (7.5) of subsection
21        (a) a second or subsequent time is guilty of a Class 2
22        felony. A person convicted of any offense enumerated
23        in paragraphs (2) through (5) and (7.5) of subsection
24        (a) a second or subsequent time when the victim of the
25        identity theft is an active duty member of the Armed
26        Services or Reserve Forces of the United States or of

 

 

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

 

 

SB1943- 9 -LRB102 04253 RLC 14271 b

1        felony for a first offense and a Class 1 felony for a
2        second or subsequent offense. A person convicted of
3        identity theft in violation of paragraph (2) of
4        subsection (a) who uses any personal identifying
5        information or personal identification document of
6        another to purchase methamphetamine manufacturing
7        material as defined in Section 10 of the
8        Methamphetamine Control and Community Protection Act
9        with the intent to unlawfully manufacture
10        methamphetamine when the victim of the identity theft
11        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
14        of a Class 1 felony for a first offense and a Class X
15        felony for a second or subsequent offense.
16            (F) A person convicted of identity theft in
17        violation of paragraph (8) of subsection (a) of this
18        Section is guilty of a Class 4 felony.
19        (2) Aggravated identity theft.
20            (A) Aggravated identity theft of credit, money,
21        goods, services, or other property not exceeding $300
22        in value is a Class 3 felony.
23            (B) Aggravated identity theft of credit, money,
24        goods, services, or other property exceeding $300 and
25        not exceeding $10,000 in value is a Class 2 felony.
26            (C) Aggravated identity theft of credit, money,

 

 

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1        goods, services, or other property exceeding $10,000
2        in value and not exceeding $100,000 in value is a Class
3        1 felony.
4            (D) Aggravated identity theft of credit, money,
5        goods, services, or other property exceeding $100,000
6        in value is a Class X felony.
7            (E) Aggravated identity theft for a violation of
8        any offense enumerated in paragraphs (2) through (7.5)
9        of subsection (a) of this Section is a Class 2 felony.
10            (F) Aggravated identity theft when a person who,
11        within a 12-month period, is found in violation of any
12        offense enumerated in paragraphs (2) through (7.5) of
13        subsection (a) of this Section with identifiers of, or
14        other information relating to, 3 or more separate
15        individuals, at the same time or consecutively, is a
16        Class 1 felony.
17            (G) A person who has been previously convicted of
18        aggravated identity theft regardless of the value of
19        the property involved who is convicted of a second or
20        subsequent offense of aggravated identity theft
21        regardless of the value of the property involved is
22        guilty of a Class X felony.
23    (f) As used in this Section, "another" or "another person"
24includes, but is not limited to, an individual, whether living
25or deceased or real or fictitious. It also includes any
26entity, firm, association, organization, partnership, business

 

 

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1trust, company, corporation, limited liability company,
2professional corporation, or other private or public entity.
3(Source: P.A. 101-324, eff. 1-1-20.)