093_SB0242sam001

 










                                     LRB093 04421 RLC 12152 a

 1                    AMENDMENT TO SENATE BILL 242

 2        AMENDMENT NO.     .  Amend Senate Bill 242  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.   The  Criminal  Code of 1961 is amended by
 5    changing the heading  of  Article  16G  and  Sections  16G-1,
 6    16G-5, 16G-10, 16G-15, 16G-20, 16G-21, and 16G-25 as follows:

 7        (720 ILCS 5/Article 16G heading)
 8                ARTICLE 16G FINANCIAL IDENTITY THEFT
 9                      AND ASSET FORFEITURE LAW

10        (720 ILCS 5/16G-1)
11        Sec.  16G-1.  Short  title.  This Article may be cited as
12    the Financial Identity Theft and Asset Forfeiture Law.
13    (Source: P.A. 91-517, eff. 8-13-99.)

14        (720 ILCS 5/16G-5)
15        Sec. 16G-5.  Legislative declaration.
16        (a)  It is the public  policy  of  this  State  that  the
17    substantial burden placed upon the economy of this State as a
18    result  of  the  rising incidence of financial identity theft
19    and the negative effect of this crime on the People  of  this
20    State  and  its  victims  is a matter of grave concern to the
 
                            -2-      LRB093 04421 RLC 12152 a
 1    People of this State who have the right to  be  protected  in
 2    their  health,  safety,  and welfare from the effects of this
 3    crime,  and  therefore  financial  identity  theft  shall  be
 4    identified  and  dealt   with   swiftly   and   appropriately
 5    considering the onerous nature of the crime.
 6        (b)  The  widespread availability and unauthorized access
 7    to personal identification information have led and will lead
 8    to a substantial increase in identity theft related crimes.
 9    (Source: P.A. 91-517, eff. 8-13-99.)

10        (720 ILCS 5/16G-10)
11        Sec. 16G-10. Definitions.  In  this  Article  unless  the
12    context otherwise requires:
13        (a)  "Personal  identification  document"  means  a birth
14    certificate, a drivers license, a State identification  card,
15    a  public,  government,  or private employment identification
16    card,   a   social   security   card,   a   firearm   owner's
17    identification card, a  credit  card,  a  debit  card,  or  a
18    passport  issued  to  or on behalf of a person other than the
19    offender,  or  any  document  made  or  issued,  or   falsely
20    purported  to  have  been  made  or  issued,  by or under the
21    authority of the  United  States  Government,  the  State  of
22    Illinois,  or  any  other  State political subdivision of any
23    state,  or  any  other  governmental  or   quasi-governmental
24    organization  that  is  of a type intended for the purpose of
25    identification of an individual, or any such document made or
26    altered in a manner that it falsely  purports  to  have  been
27    made  on  behalf  of  or  issued  to another person or by the
28    authority of one who did not give that authority.
29        (b)  "Personal identifying information" means any of  the
30    following information:
31             (1)  A person's name;
32             (2)  A person's address;
33             (2.5)  A person's date of birth;
 
                            -3-      LRB093 04421 RLC 12152 a
 1             (3)  A person's telephone number;
 2             (4)  A  person's  drivers license number or State of
 3        Illinois identification card as assigned by the Secretary
 4        of State of the State of Illinois or a similar agency  of
 5        another state;
 6             (5)  A person's Social Security number;
 7             (6)  A   person's  public,  private,  or  government
 8        employer,   place   of    employment,    or    employment
 9        identification number;
10             (7)  The maiden name of a person's mother;
11             (8)  The  number  assigned  to a person's depository
12        account, savings account, or brokerage account;
13             (9)  The number assigned to  a  person's  credit  or
14        debit  card,  commonly  known  as  a "Visa Card", "Master
15        Card", "American Express Card", "Discover Card", or other
16        similar cards whether issued by a financial  institution,
17        corporation, or business entity;
18             (10)  Personal identification numbers;
19             (11)  Electronic identification numbers;
20             (12)  Digital signals;
21             (13)  Any  other numbers or information which can be
22        used to access a  person's  financial  resources,  or  to
23        identify a specific individual.
24        (c)  "Document-making  implement"  means  any  implement,
25    impression,   template,   computer   file,   computer   disc,
26    electronic  device,  computer  hardware,  computer  software,
27    instrument,  or  device  that  is  used  to  make  a  real or
28    fictitious or fraudulent personal identification document.
29    (Source: P.A. 91-517, eff. 8-13-99.)

30        (720 ILCS 5/16G-15)
31        Sec. 16G-15.  Financial identity theft.
32        (a)  A person commits the offense of  financial  identity
33    theft when he or she knowingly:
 
                            -4-      LRB093 04421 RLC 12152 a
 1             (1)  uses  any  personal  identifying information or
 2        personal identification document  of  another  person  to
 3        fraudulently  obtain  credit,  money, goods, services, or
 4        other property, or.
 5             (2)  uses any personal identification information or
 6        personal identification document of another  with  intent
 7        to  commit  any felony theft or other felony violation of
 8        State  law  not  set  forth  in  paragraph  (1)  of  this
 9        subsection (a), or
10             (3)  obtains, records, possesses, sells,  transfers,
11        purchases,  or  manufactures  any personal identification
12        information  or  personal  identification   document   of
13        another  with  intent to commit or to aid or abet another
14        in committing any felony theft or other felony  violation
15        of State law, or
16             (4)  uses,   obtains,   records,  possesses,  sells,
17        transfers,  purchases,  or  manufactures   any   personal
18        identification  information  or  personal  identification
19        document   of   another   knowing   that   such  personal
20        identification  information  or  personal  identification
21        documents  were  stolen  or   produced   without   lawful
22        authority, or
23             (5)  uses,  transfers,  or possesses document-making
24        implements  to  produce  false  identification  or  false
25        documents with knowledge that they will be  used  by  the
26        person  or  another  to  commit any felony theft or other
27        felony violation of State law.
28        (b)  Knowledge shall be determined by  an  evaluation  of
29    all  circumstances  surrounding the use of the other person's
30    identifying information or document.
31        (c)  When a charge of financial identity theft of credit,
32    money,  goods,  services,  or  other  property  exceeding   a
33    specified  value  is  brought the value of the credit, money,
34    goods, services, or other  property  is  an  element  of  the
 
                            -5-      LRB093 04421 RLC 12152 a
 1    offense  to  be  resolved  by  the  trier  of  fact as either
 2    exceeding or not exceeding the specified value.
 3        (d)  Sentence.
 4               (1)  A  person  convicted  of  identity  theft  in
 5        violation of paragraph (1) of  subsection  (a)  shall  be
 6        sentenced as follows:
 7             (A)  Financial  identity  theft  of  credit,  money,
 8        goods,  services, or other property not exceeding $300 in
 9        value is a Class A misdemeanor. A  person  who  has  been
10        previously  convicted of financial identity theft of less
11        than $300 who is convicted  of  a  second  or  subsequent
12        offense  of financial identity theft of less than $300 is
13        guilty of a  Class  4  felony.  A  person  who  has  been
14        convicted  of  financial identity theft of less than $300
15        who has been previously convicted of any type  of  theft,
16        robbery,  armed  robbery, burglary, residential burglary,
17        possession of burglary tools, home invasion, home  repair
18        fraud,   aggravated   home  repair  fraud,  or  financial
19        exploitation of an elderly or disabled person  is  guilty
20        of  a  Class  4 felony.  When a person has any such prior
21        conviction, the information or indictment  charging  that
22        person  shall  state  the  prior conviction so as to give
23        notice of the State's intention to treat the charge as  a
24        felony.  The  fact  of  the  prior  conviction  is not an
25        element of the offense and may not be  disclosed  to  the
26        jury  during  trial  unless otherwise permitted by issues
27        properly raised during the trial.
28             (B) (2)  Financial Identity theft of credit,  money,
29        goods, services, or other property exceeding $300 and not
30        exceeding $2,000 in value is a Class 4 felony.
31             (C) (3)  Financial  Identity theft of credit, money,
32        goods, services, or other property exceeding  $2,000  and
33        not exceeding $10,000 in value is a Class 3 felony.
34             (D) (4)  Financial  Identity theft of credit, money,
 
                            -6-      LRB093 04421 RLC 12152 a
 1        goods, services, or other property exceeding $10,000  and
 2        not exceeding $100,000 in value is a Class 2 felony.
 3             (E) (5)  Financial  Identity theft of credit, money,
 4        goods, services, or other property exceeding $100,000  in
 5        value is a Class 1 felony.
 6             (2)  A person convicted of any offense enumerated in
 7        paragraphs (2) through (5) of subsection (a) is guilty of
 8        a Class 4 felony.
 9             (3)  A person convicted of any offense enumerated in
10        paragraphs  (2) through (5) of subsection (a) a second or
11        subsequent time is guilty of a Class 3 felony.
12             (4)  A person who, within  a  12  month  period,  is
13        found   in   violation   of  any  offense  enumerated  in
14        paragraphs (2) through (5) of subsection (a) with respect
15        to the identifiers of 3 or more separate individuals,  at
16        the  same  time  or consecutively, is guilty of a Class 3
17        felony.
18    (Source: P.A. 91-517, eff. 8-13-99; 92-792, eff. 8-6-02.)

19        (720 ILCS 5/16G-20)
20        Sec. 16G-20.  Aggravated financial identity theft.
21        (a)  A person commits the offense of aggravated financial
22    identity  theft  when  he  or  she  commits  the  offense  of
23    financial identity theft as set forth in  subsection  (a)  of
24    Section 16G-15 against a person 60 years of age or older or a
25    disabled person as defined in Section 16-1.3 of this Code.
26        (b)  Knowledge  shall  be  determined by an evaluation of
27    all circumstances surrounding the use of the  other  person's
28    identifying information or document.
29        (c)  When a charge of aggravated financial identity theft
30    of   credit,   money,  goods,  services,  or  other  property
31    exceeding a specified value  is  brought  the  value  of  the
32    credit,  money,  goods,  services,  or  other  property is an
33    element of the offense to be resolved by the trier of fact as
 
                            -7-      LRB093 04421 RLC 12152 a
 1    either exceeding or not exceeding the specified value.
 2        (d)  A defense to  aggravated  financial  identity  theft
 3    does not exist merely because the accused reasonably believed
 4    the victim to be a person less than 60 years of age.
 5        (e)  Sentence.
 6             (1)  Aggravated  financial identity theft of credit,
 7        money, goods, services, or other property  not  exceeding
 8        $300 in value is a Class 4 felony.
 9             (2)  Aggravated  financial identity theft of credit,
10        money, goods, services, or other property exceeding  $300
11        and not exceeding $10,000 in value is a Class 3 felony.
12             (3)  Aggravated  financial identity theft of credit,
13        money,  goods,  services,  or  other  property  exceeding
14        $10,000 in value and not exceeding $100,000 in value is a
15        Class 2 felony.
16             (4)  Aggravated financial identity theft of  credit,
17        money,  goods,  services,  or  other  property  exceeding
18        $100,000 in value is a Class 1 felony.
19             (5)  A  person  who has been previously convicted of
20        aggravated financial identity  theft  regardless  of  the
21        value  of  the  property  involved  who is convicted of a
22        second or  subsequent  offense  of  aggravated  financial
23        identity  theft  regardless  of the value of the property
24        involved is guilty of a Class X felony.
25    (Source: P.A. 91-517, eff. 8-13-99.)

26        (720 ILCS 5/16G-21)
27        Sec. 16G-21.  Civil remedies.  A person who is  convicted
28    of  financial identity theft or aggravated financial identity
29    theft is liable in a civil action to the person who  suffered
30    damages  as  a result of the violation.  The person suffering
31    damages may recover court costs, attorney's fees, lost wages,
32    and actual damages.
33    (Source: P.A. 92-686, eff. 7-16-02.)
 
                            -8-      LRB093 04421 RLC 12152 a
 1        (720 ILCS 5/16G-25)
 2        Sec. 16G-25. Offenders interest in the property. It is no
 3    defense to a charge of aggravated financial identity theft or
 4    financial identity theft that the offender has an interest in
 5    the  credit,  money,  goods,  services,  or  other   property
 6    obtained in the name of the other person.
 7    (Source: P.A. 91-517, eff. 8-13-99.)

 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.".