Full Text of HB1236 95th General Assembly
HB1236eng 95TH GENERAL ASSEMBLY
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HB1236 Engrossed |
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LRB095 04639 RLC 24697 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-15 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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LRB095 04639 RLC 24697 b |
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| State law, or
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| (4) uses, obtains, records, possesses, sells, | 3 |
| transfers, purchases,
or manufactures any personal | 4 |
| identification information or
personal identification | 5 |
| document of another knowing that such
personal | 6 |
| identification information or personal identification
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| documents were stolen or produced without lawful | 8 |
| authority, or
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| (5) uses, transfers, or possesses document-making | 10 |
| implements to
produce false identification or false | 11 |
| documents with knowledge that
they will be used by the | 12 |
| person or another to commit any felony theft or other
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| felony violation of State law, or
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| (6) uses any personal identification information or | 15 |
| personal identification document of another to portray | 16 |
| himself or herself as that person, or otherwise, for the | 17 |
| purpose of gaining access to any personal identification | 18 |
| information or personal identification document of that | 19 |
| person, without the prior express permission of that | 20 |
| person, or | 21 |
| (7) uses any personal identification information or | 22 |
| personal identification document of another for the | 23 |
| purpose of gaining access to any record of the actions | 24 |
| taken, communications made or received, or other | 25 |
| activities or transactions of that person, without the | 26 |
| prior express permission of that person.
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LRB095 04639 RLC 24697 b |
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| (b) Knowledge shall be determined by an evaluation of all | 2 |
| circumstances
surrounding the use of the other
person's | 3 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 5 |
| goods,
services, or other property
exceeding a specified value | 6 |
| is brought the value of the credit, money, goods,
services, or | 7 |
| other property is
an element of the offense to be resolved by | 8 |
| 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 | 12 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 13 |
| follows:
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| (A) Identity
identity theft of credit, money, | 15 |
| goods, services, or
other
property not exceeding $300 | 16 |
| in
value is a Class 4 felony. A person who has been | 17 |
| previously convicted of
identity theft of
less than | 18 |
| $300 who is convicted of a second or subsequent offense | 19 |
| of
identity theft of less than
$300 is guilty of a | 20 |
| Class 3 felony. A person who has been convicted of | 21 |
| identity
theft of less than
$300 who has been | 22 |
| previously convicted of any type of theft, robbery, | 23 |
| armed
robbery, burglary, residential
burglary, | 24 |
| possession of burglary tools, home invasion, home | 25 |
| repair fraud,
aggravated home repair fraud, or
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| financial exploitation of an elderly or disabled |
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LRB095 04639 RLC 24697 b |
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| person is guilty of a Class 3
felony. Identity theft of | 2 |
| credit, money, goods, services, or
other
property not | 3 |
| exceeding $300 in
value when the victim of the identity | 4 |
| theft is an active duty member of the Armed Services or | 5 |
| Reserve Forces of the United States or of the Illinois | 6 |
| National Guard serving in a foreign country is a Class | 7 |
| 3 felony. A person who has been previously convicted of
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| identity theft of
less than $300 who is convicted of a | 9 |
| second or subsequent offense of
identity theft of less | 10 |
| than
$300 when the victim of the identity theft is an | 11 |
| active duty member of the Armed Services or Reserve | 12 |
| Forces of the United States or of the Illinois National | 13 |
| Guard serving in a foreign country is guilty of a Class | 14 |
| 2 felony. A person who has been convicted of identity
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| theft of less than
$300 when the victim of the identity | 16 |
| theft is an active duty member of the Armed Services or | 17 |
| Reserve Forces of the United States or of the Illinois | 18 |
| National Guard serving in a foreign country who has | 19 |
| been previously convicted of any type of theft, | 20 |
| robbery, armed
robbery, burglary, residential
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| burglary, possession of burglary tools, home invasion, | 22 |
| home repair fraud,
aggravated home repair fraud, or
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| financial exploitation of an elderly or disabled | 24 |
| person is guilty of a Class 2
felony. When a person has | 25 |
| any
such prior conviction, the information or | 26 |
| indictment charging that person shall
state the prior |
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LRB095 04639 RLC 24697 b |
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| conviction so
as to give notice of the State's | 2 |
| 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 | 4 |
| offense and may not be disclosed to the jury during | 5 |
| trial
unless otherwise permitted
by issues properly | 6 |
| 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 felony. Identity | 10 |
| theft of credit, money, goods,
services, or other
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| property exceeding $300 and not
exceeding $2,000 in | 12 |
| value when the victim of the identity theft is an | 13 |
| active duty member of the Armed Services or Reserve | 14 |
| Forces of the United States or of the Illinois National | 15 |
| Guard serving in a foreign country is a Class 2 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 felony. | 19 |
| Identity theft of credit, money, goods,
services, or | 20 |
| other
property exceeding $2,000 and not
exceeding | 21 |
| $10,000 in value when the victim of the identity theft | 22 |
| is an active duty member of the Armed Services or | 23 |
| Reserve Forces of the United States or of the Illinois | 24 |
| National Guard serving in a foreign country is a Class | 25 |
| 1 felony.
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| (D) Identity theft of credit, money, goods,
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LRB095 04639 RLC 24697 b |
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| services, or other
property exceeding $10,000 and
not | 2 |
| exceeding $100,000 in value is a Class 1 felony. | 3 |
| Identity theft of credit, money, goods,
services, or | 4 |
| other
property exceeding $10,000 and
not exceeding | 5 |
| $100,000 in value when the victim of the identity theft | 6 |
| is an active duty member of the Armed Services or | 7 |
| Reserve Forces of the United States or of the Illinois | 8 |
| National Guard serving in a foreign country is a Class | 9 |
| X 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 felony.
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| (2) A person convicted of any offense enumerated in | 14 |
| paragraphs
(2) through (7) of subsection (a) is guilty of a | 15 |
| Class 3 felony. A person convicted of any offense | 16 |
| enumerated in paragraphs
(2) through (7) of subsection (a) | 17 |
| when the victim of the identity theft is an active duty | 18 |
| member of the Armed Services or Reserve Forces of the | 19 |
| United States or of the Illinois National Guard serving in | 20 |
| a foreign country is guilty of a Class 2 felony.
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| (3) A person convicted of any offense enumerated in | 22 |
| paragraphs
(2) through (5) of subsection (a) a second or | 23 |
| subsequent time is
guilty of a Class 2 felony. A person | 24 |
| convicted of any offense enumerated in paragraphs
(2) | 25 |
| through (5) of subsection (a) a second or subsequent time | 26 |
| when the victim of the identity theft is an active duty |
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HB1236 Engrossed |
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LRB095 04639 RLC 24697 b |
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| member of the Armed Services or Reserve Forces of the | 2 |
| United States or of the Illinois National Guard serving in | 3 |
| a foreign country is
guilty of a Class 1 felony.
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| (4) A person who, within a 12 month period, is found in | 5 |
| violation
of any offense enumerated in paragraphs (2) | 6 |
| through (7) of
subsection (a) with respect to the | 7 |
| identifiers of, or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is | 9 |
| guilty
of a Class 2 felony. A person who, within a 12 month | 10 |
| period, is found in violation
of any offense enumerated in | 11 |
| paragraphs (2) through (7) of
subsection (a) with respect | 12 |
| to the identifiers of, or other information relating to, 3 | 13 |
| or more
separate individuals, at the same time or | 14 |
| consecutively, when the victim of the identity theft is an | 15 |
| active duty member of the Armed Services or Reserve Forces | 16 |
| of the United States or of the Illinois National Guard | 17 |
| serving in a foreign country is guilty
of a Class 1 felony.
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| (5) A person convicted of identity theft in violation | 19 |
| of paragraph (2) of subsection (a) who uses any personal | 20 |
| identification information or personal
identification | 21 |
| document of another to purchase methamphetamine | 22 |
| manufacturing material as defined in Section 10 of the | 23 |
| Methamphetamine Control and Community Protection Act with | 24 |
| the intent to unlawfully manufacture methamphetamine is | 25 |
| guilty of a Class 2 felony for a first offense and a Class | 26 |
| 1 felony for a second or subsequent offense.
A person |
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LRB095 04639 RLC 24697 b |
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| convicted of identity theft in violation of paragraph (2) | 2 |
| of subsection (a) who uses any personal identification | 3 |
| information or personal
identification document of another | 4 |
| to purchase methamphetamine manufacturing material as | 5 |
| defined in Section 10 of the Methamphetamine Control and | 6 |
| Community Protection Act with the intent to unlawfully | 7 |
| manufacture methamphetamine when the victim of the | 8 |
| identity theft is an active duty member of the Armed | 9 |
| Services or Reserve Forces of the United States or of the | 10 |
| Illinois National Guard serving in a foreign country is | 11 |
| guilty of a Class 1 felony for a first offense and a Class | 12 |
| X felony for a second or subsequent offense.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05; | 14 |
| 94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)
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