093_HB2188sam001











                                     LRB093 08131 RLC 15996 a

 1                    AMENDMENT TO HOUSE BILL 2188

 2        AMENDMENT NO.     .  Amend House Bill 2188  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to identity theft."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The Criminal  Code  of  1961  is  amended  by
 8    adding Section 16G-30 as follows:

 9        (720 ILCS 5/16G-30 new)
10        Sec. 16G-30. Mandating law enforcement agencies to accept
11    and provide reports; judicial factual determination.
12        (a)  A person who has learned or reasonably suspects that
13    his   or   her  personal  identifying  information  has  been
14    unlawfully used by another may  initiate  a  law  enforcement
15    investigation  by contacting the local law enforcement agency
16    that has jurisdiction over his or her actual residence, which
17    shall take  a  police  report  of  the  matter,  provide  the
18    complainant  with  a  copy  of  that  report,  and  begin  an
19    investigation  of  the  facts  or, if the suspected crime was
20    committed in a different jurisdiction, refer  the  matter  to
21    the  law  enforcement  agency  where  the suspected crime was
 
                            -2-      LRB093 08131 RLC 15996 a
 1    committed for an investigation of the facts.
 2        (b)  A person who reasonably believes that he or  she  is
 3    the  victim  of  identity  theft may petition a court, or the
 4    court,  on  its  own  motion  or  upon  application  of   the
 5    prosecuting  attorney,  may  move  for  an expedited judicial
 6    determination of his or  her  factual  innocence,  where  the
 7    perpetrator  of  the  identity  theft was arrested for, cited
 8    for, or convicted of a crime under the victim's identity,  or
 9    where  a  criminal  complaint  has  been  filed  against  the
10    perpetrator  in  the  victim's  name,  or  where the victim's
11    identity has  been  mistakenly  associated  with  a  criminal
12    conviction.  Venue  for  such petition shall lie in the court
13    where the relevant criminal complaint has been  or  could  be
14    filed.  Any  judicial determination of factual innocence made
15    pursuant to this subsection (b) may be heard  and  determined
16    upon  declarations,  affidavits,  police  reports,  or  other
17    material, relevant, and reliable information submitted by the
18    parties  or ordered to be part of the record by the court. If
19    the court determines that there  are  reasonable  grounds  to
20    believe  that  the  petitioner did not commit the offense for
21    which the perpetrator of the  identity  theft  was  arrested,
22    cited,  convicted,  or subject to a criminal complaint in the
23    victim's  name,  or  that  the  victim's  identity  has  been
24    mistakenly associated with a record of  criminal  conviction,
25    the  court  shall  find the victim factually innocent of that
26    offense. If the victim is found factually innocent, the court
27    shall issue an order certifying this determination.
28        (c)  After a court has issued a determination of  factual
29    innocence  under  this  Section,  the  court  shall order the
30    victim's name and associated personal identifying information
31    removed from all such records in connection with  the  arrest
32    and  conviction,  if  known  or ascertainable, in lieu of the
33    aggrieved's name.  The records of the clerk  of  the  circuit
34    court  clerk shall be sealed until further order of the court
 
                            -3-      LRB093 08131 RLC 15996 a
 1    upon good cause shown and the name of  the  aggrieved  person
 2    obliterated  on the official index required to be kept by the
 3    circuit court clerk under Section 16 of the Clerks of  Courts
 4    Act,  but  the order shall not affect any index issued by the
 5    circuit court clerk before the entry of the order. Nothing in
 6    this Section shall limit the Department of  State  Police  or
 7    other  criminal  justice agencies or prosecutors from listing
 8    under an offender's name the false name he or she has used.
 9        (d)  A court that has issued a determination  of  factual
10    innocence  under  this  Section  may  at any time vacate that
11    determination if the petition, or any  information  submitted
12    in  support of the petition, is found to contain any material
13    misrepresentation or fraud.

14        Section 10.  The Consumer Fraud  and  Deceptive  Business
15    Practices Act is  amended by adding Section 2MM as follows:

16        (815 ILCS 505/2MM new)
17        Sec.  2MM.  Verification  of accuracy of credit reporting
18    information used to  extend consumers credit.
19        (a)  A  credit  card  issuer  who  mails  an   offer   or
20    solicitation  to  apply  for a credit card and who receives a
21    completed  application  in   response   to   the   offer   or
22    solicitation which lists an address that is not substantially
23    the  same as the address on the offer or solicitation may not
24    issue  a  credit  card  based  on  that   application   until
25    reasonable  steps  have  been taken to verify the applicant's
26    change of address.
27        (b) Any person who  uses  a  consumer  credit  report  in
28    connection  with  the    approval  of  credit  based  on  the
29    application  for an extension of credit, and who has received
30    notification  of  a  police  report  filed  with  a  consumer
31    reporting agency that the applicant  has  been  a  victim  of
32    financial    identity  theft, as defined in Section 16G-15 of
 
                            -4-      LRB093 08131 RLC 15996 a
 1    the Criminal Code of 1961, may   not  lend  money  or  extend
 2    credit   without   taking  reasonable  steps  to  verify  the
 3    consumer's identity and confirm that the application  for  an
 4    extension  of  credit is not the result of financial identity
 5    theft.
 6        (c) For purposes of this Section, "extension  of  credit"
 7    does  not  include an increase in an existing open-end credit
 8    plan, as defined in  Regulation  Z  of  the  Federal  Reserve
 9    System  (12  C.F.R.  226.2), or any change to or review of an
10    existing credit account.
11        (d)  Any person who violates subsection (a) or subsection
12    (b) commits an unlawful practice within the meaning  of  this
13    Act.".