Full Text of HB0449 95th General Assembly
HB0449eng 95TH GENERAL ASSEMBLY
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HB0449 Engrossed |
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LRB095 04094 RLC 24132 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 : | 11 |
| (1) against a person 60 years
of age or older or a | 12 |
| disabled person as defined in Section 16-1.3 of this
Code ; | 13 |
| or | 14 |
| (2) in furtherance of the activities of an organized | 15 |
| gang .
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| For purposes of this Section, "organized gang" has the | 17 |
| meaning ascribed to that term in Section 10 of the Illinois | 18 |
| Streetgang Terrorism Omnibus Prevention Act.
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| (b) Knowledge shall be determined by an evaluation of all | 20 |
| circumstances
surrounding the use of the other
person's | 21 |
| 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 |
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HB0449 Engrossed |
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LRB095 04094 RLC 24132 b |
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| value is brought the value of the credit, money,
goods, | 2 |
| services, or other
property is an element of the offense to be | 3 |
| resolved by the trier of fact as
either exceeding or not | 4 |
| exceeding
the specified value.
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| (d) A defense to aggravated identity theft under paragraph | 6 |
| (a)(1) does not exist
merely
because the accused
reasonably | 7 |
| believed the victim to be 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 | 11 |
| a Class 3 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 | 14 |
| exceeding $10,000 in value is a Class 2 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 | 17 |
| not exceeding $100,000 in
value is a Class 1 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 | 20 |
| a Class X felony.
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| (5) A person who has been previously convicted of | 22 |
| aggravated
identity theft regardless of the
value of the | 23 |
| property involved who is convicted of a second or | 24 |
| subsequent
offense of aggravated
identity theft regardless | 25 |
| of the value of the property involved is guilty of a
Class | 26 |
| X felony.
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HB0449 Engrossed |
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LRB095 04094 RLC 24132 b |
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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