Full Text of HB2701 94th General Assembly
HB2701 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2701
Introduced 2/22/2005, by Rep. Ruth Munson SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Enhances the penalties for aggravated identity theft. Provides that aggravated identity theft of property not exceeding $300 in value is a Class 3 (rather than Class 4) felony. Provides that aggravated identity theft of property exceeding $300 and not exceeding $10,000 in value is a Class 2 (rather than Class 3) felony. Provides that aggravated identity theft of property exceeding $10,000 in value and not exceeding $100,000 in value is a Class 1 (rather than Class 2) felony. Provides that aggravated identity theft of property exceeding $100,000 in value is a Class X (rather than Class 1) felony. Provides that the penalty for a person who is convicted of a second or subsequent offense of aggravated identity theft who has been previously convicted of aggravated identity theft regardless of the value of the property is an enhanced Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 15 years and not more than 50 years.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2701 |
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LRB094 09147 RXD 39379 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 |
| Section 16G-20 as follows:
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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 | 9 |
| theft
when he or she commits the offense of identity theft as | 10 |
| set forth
in subsection (a) of Section 16G-15 against a person | 11 |
| 60 years
of age or older or a disabled person as defined in | 12 |
| Section 16-1.3 of this
Code.
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| (b) Knowledge shall be determined by an evaluation of all | 14 |
| circumstances
surrounding the use of the other
person's | 15 |
| 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 | 18 |
| value is brought the value of the credit, money,
goods, | 19 |
| services, or other
property is an element of the offense to be | 20 |
| resolved by the trier of fact as
either exceeding or not | 21 |
| 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 | 24 |
| 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 | 28 |
| 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 | 31 |
| 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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HB2701 |
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LRB094 09147 RXD 39379 b |
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| 1 |
| services,
or other property exceeding $10,000 in value and | 2 |
| 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 | 5 |
| a Class X
1 felony.
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| (5) A person who has been previously convicted of | 7 |
| aggravated
identity theft regardless of the
value of the | 8 |
| property involved who is convicted of a second or | 9 |
| subsequent
offense of aggravated
identity theft regardless | 10 |
| of the value of the property involved is guilty of an | 11 |
| enhanced
a
Class X felony for which the person shall be | 12 |
| sentenced to a term of imprisonment of not less than 15 | 13 |
| years and not more than 50 years .
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| (Source: P.A. 93-401, eff. 7-31-03.)
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