Full Text of HB2699 94th General Assembly
HB2699enr 94TH GENERAL ASSEMBLY
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HB2699 Enrolled |
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LRB094 09125 RLC 39355 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 16G-15 and 16G-20 as follows:
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| (720 ILCS 5/16G-15)
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| Sec. 16G-15. Identity theft.
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| (a) A person commits the offense of identity theft when he | 9 |
| or
she
knowingly:
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| (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, or
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| (2) uses any personal identification information or | 15 |
| personal
identification document of another with intent to | 16 |
| commit any felony theft
or other felony violation of State | 17 |
| law not set forth in
paragraph (1) of this subsection (a), | 18 |
| or
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| (3) obtains, records, possesses, sells, transfers, | 20 |
| purchases, or
manufactures any personal identification | 21 |
| information or personal
identification document of another | 22 |
| with intent to commit or to aid or abet
another in | 23 |
| committing any felony theft or other felony violation of
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| State law, or
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| (4) uses, obtains, records, possesses, sells, | 26 |
| transfers, purchases,
or manufactures any personal | 27 |
| identification information or
personal identification | 28 |
| document of another knowing that such
personal | 29 |
| identification information or personal identification
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| documents were stolen or produced without lawful | 31 |
| authority, or
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| (5) uses, transfers, or possesses document-making |
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HB2699 Enrolled |
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LRB094 09125 RLC 39355 b |
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| implements to
produce false identification or false | 2 |
| documents with knowledge that
they will be used by the | 3 |
| person or another to commit any felony theft or other
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| felony violation of State law.
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| (b) Knowledge shall be determined by an evaluation of all | 6 |
| circumstances
surrounding the use of the other
person's | 7 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 9 |
| goods,
services, or other property
exceeding a specified value | 10 |
| is brought the value of the credit, money, goods,
services, or | 11 |
| other property is
an element of the offense to be resolved by | 12 |
| the trier of fact as either
exceeding or not exceeding the
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| specified value.
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| (d) Sentence.
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| (1) A person convicted of identity theft in violation | 16 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 17 |
| follows:
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| (A) identity theft of credit, money, goods, | 19 |
| services, or
other
property not exceeding $300 in
value | 20 |
| is a Class 4 felony
A misdemeanor . A person who has | 21 |
| been previously convicted of
identity theft of
less | 22 |
| than $300 who is convicted of a second or subsequent | 23 |
| offense of
identity theft of less than
$300 is guilty | 24 |
| of a Class 3
4 felony. A person who has been convicted | 25 |
| of identity
theft of less than
$300 who has been | 26 |
| previously convicted of any type of theft, robbery, | 27 |
| armed
robbery, burglary, residential
burglary, | 28 |
| possession of burglary tools, home invasion, home | 29 |
| repair fraud,
aggravated home repair fraud, or
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| financial exploitation of an elderly or disabled | 31 |
| person is guilty of a Class 3
4
felony. When a person | 32 |
| has any
such prior conviction, the information or | 33 |
| indictment charging that person shall
state the prior | 34 |
| conviction so
as to give notice of the State's | 35 |
| intention to treat the charge as a Class 3 felony. The
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| fact of the prior conviction is
not an element of the |
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HB2699 Enrolled |
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LRB094 09125 RLC 39355 b |
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| offense and may not be disclosed to the jury during | 2 |
| trial
unless otherwise permitted
by issues properly | 3 |
| raised during the trial.
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| (B) Identity theft of credit, money, goods,
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| services, or other
property exceeding $300 and not
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| exceeding $2,000 in value is a Class 3
4 felony.
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| (C) Identity theft of credit, money, goods,
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| services, or other
property exceeding $2,000 and not
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| exceeding $10,000 in value is a Class 2
3 felony.
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| (D) Identity theft of credit, money, goods,
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| services, or other
property exceeding $10,000 and
not | 12 |
| exceeding $100,000 in value is a Class 1
2 felony.
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| (E) Identity theft of credit, money, goods,
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| services, or
other property exceeding $100,000 in
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| value is a Class X
1 felony.
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| (2) A person convicted of any offense enumerated in | 17 |
| paragraphs
(2) through (5) of subsection (a) is guilty of a | 18 |
| Class 3
4 felony.
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| (3) A person convicted of any offense enumerated in | 20 |
| paragraphs
(2) through (5) of subsection (a) a second or | 21 |
| subsequent time is
guilty of a Class 2
3 felony.
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| (4) A person who, within a 12 month period, is found in | 23 |
| violation
of any offense enumerated in paragraphs (2) | 24 |
| through (5) of
subsection (a) with respect to the | 25 |
| identifiers of 3 or more
separate individuals, at the same | 26 |
| time or consecutively, is guilty
of a Class 2
3 felony.
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| (Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)
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| (720 ILCS 5/16G-20)
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| Sec. 16G-20. Aggravated identity theft.
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| (a) A person commits the offense of aggravated identity | 31 |
| theft
when he or she commits the offense of identity theft as | 32 |
| set forth
in subsection (a) of Section 16G-15 against a person | 33 |
| 60 years
of age or older or a disabled person as defined in | 34 |
| Section 16-1.3 of this
Code.
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| (b) Knowledge shall be determined by an evaluation of all |
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HB2699 Enrolled |
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LRB094 09125 RLC 39355 b |
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| circumstances
surrounding the use of the other
person's | 2 |
| identifying information or document.
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| (c) When a charge of aggravated identity theft of credit,
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| money,
goods, services, or other
property exceeding a specified | 5 |
| value is brought the value of the credit, money,
goods, | 6 |
| services, or other
property is an element of the offense to be | 7 |
| resolved by the trier of fact as
either exceeding or not | 8 |
| exceeding
the specified value.
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| (d) A defense to aggravated identity theft does not exist
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| merely
because the accused
reasonably believed the victim to be | 11 |
| a person less than 60 years of age.
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| (e) Sentence.
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| (1) Aggravated identity theft of credit, money, goods,
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| services,
or other property not exceeding
$300 in value is | 15 |
| a Class 3
4 felony.
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| (2) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding $300
and not | 18 |
| exceeding $10,000 in value is a Class 2
3 felony.
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| (3) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding $10,000 in value and | 21 |
| not exceeding $100,000 in
value is a Class 1
2 felony.
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| (4) Aggravated identity theft of credit, money, goods,
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| services,
or other property exceeding
$100,000 in value is | 24 |
| a Class X
1 felony.
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| (5) A person who has been previously convicted of | 26 |
| aggravated
identity theft regardless of the
value of the | 27 |
| property involved who is convicted of a second or | 28 |
| subsequent
offense of aggravated
identity theft regardless | 29 |
| of the value of the property involved is guilty of a
Class | 30 |
| X felony.
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| (Source: P.A. 93-401, eff. 7-31-03.)
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| Section 99. Effective date. This Act takes effect upon | 33 |
| becoming law.
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