093_HB2188ham001

 










                                     LRB093 08131 RLC 11476 a

 1                    AMENDMENT TO HOUSE BILL 2188

 2        AMENDMENT NO.     .  Amend House Bill 2188  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 is amended by
 5    adding 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
 
                            -2-      LRB093 08131 RLC 11476 a
 1    prosecuting attorney, may  move  for  an  expedited  judicial
 2    determination  of  his  or  her  factual innocence, where the
 3    perpetrator of the financial identity theft was arrested for,
 4    cited for,  or  convicted  of  a  crime  under  the  victim's
 5    identity,  or  where  a  criminal  complaint  has  been filed
 6    against the perpetrator in the victim's name,  or  where  the
 7    victim's  identity  has  been  mistakenly  associated  with a
 8    criminal conviction. Any judicial  determination  of  factual
 9    innocence  made  pursuant to this subsection (b) may be heard
10    and determined upon declarations, affidavits, police reports,
11    or  other  material,  relevant,  and   reliable   information
12    submitted  by the parties or ordered to be part of the record
13    by the court. If the court determines that  the  petition  or
14    motion  is  meritorious and that there is no reasonable cause
15    to believe that the victim committed the  offense  for  which
16    the  perpetrator  of  the identity theft was arrested, cited,
17    convicted, or subject to a criminal complaint in the victim's
18    name, or that  the  victim's  identity  has  been  mistakenly
19    associated  with  a  record of criminal conviction, the court
20    shall find the victim factually innocent of that offense.  If
21    the victim is found factually innocent, the court shall issue
22    an order certifying this determination.
23        (c)  After  a court has issued a determination of factual
24    innocence under this Section, the court may  order  the  name
25    and  associated personal identifying information contained in
26    the court records,  files,  and  indexes  accessible  by  the
27    public  sealed,  deleted, or labeled to show that the data is
28    impersonated and does not reflect the defendant's identity.
29        (d)  A court that has issued a determination  of  factual
30    innocence  under  this  Section  may  at any time vacate that
31    determination if the petition, or any  information  submitted
32    in  support of the petition, is found to contain any material
33    misrepresentation or fraud.".