093_HB2188eng
HB2188 Engrossed LRB093 08131 RLC 08336 b
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 adding
5 Section 16G-30 as follows:
6 (720 ILCS 5/16G-30 new)
7 Sec. 16G-30. Mandating law enforcement agencies to accept
8 and provide reports; judicial factual determination.
9 (a) A person who has learned or reasonably suspects that
10 his or her personal identifying information has been
11 unlawfully used by another may initiate a law enforcement
12 investigation by contacting the local law enforcement agency
13 that has jurisdiction over his or her actual residence, which
14 shall take a police report of the matter, provide the
15 complainant with a copy of that report, and begin an
16 investigation of the facts or, if the suspected crime was
17 committed in a different jurisdiction, refer the matter to
18 the law enforcement agency where the suspected crime was
19 committed for an investigation of the facts.
20 (b) A person who reasonably believes that he or she is
21 the victim of financial identity theft may petition a court,
22 or the court, on its own motion or upon application of the
23 prosecuting attorney, may move for an expedited judicial
24 determination of his or her factual innocence, where the
25 perpetrator of the financial identity theft was arrested for,
26 cited for, or convicted of a crime under the victim's
27 identity, or where a criminal complaint has been filed
28 against the perpetrator in the victim's name, or where the
29 victim's identity has been mistakenly associated with a
30 criminal conviction. Any judicial determination of factual
31 innocence made pursuant to this subsection (b) may be heard
HB2188 Engrossed -2- LRB093 08131 RLC 08336 b
1 and determined upon declarations, affidavits, police reports,
2 or other material, relevant, and reliable information
3 submitted by the parties or ordered to be part of the record
4 by the court. If the court determines that the petition or
5 motion is meritorious and that there is no reasonable cause
6 to believe that the victim committed the offense for which
7 the perpetrator of the identity theft was arrested, cited,
8 convicted, or subject to a criminal complaint in the victim's
9 name, or that the victim's identity has been mistakenly
10 associated with a record of criminal conviction, the court
11 shall find the victim factually innocent of that offense. If
12 the victim is found factually innocent, the court shall issue
13 an order certifying this determination.
14 (c) After a court has issued a determination of factual
15 innocence under this Section, the court may order the name
16 and associated personal identifying information contained in
17 the court records, files, and indexes accessible by the
18 public sealed, deleted, or labeled to show that the data is
19 impersonated and does not reflect the defendant's identity.
20 (d) A court that has issued a determination of factual
21 innocence under this Section may at any time vacate that
22 determination if the petition, or any information submitted
23 in support of the petition, is found to contain any material
24 misrepresentation or fraud.