Full Text of SB1019 96th General Assembly
SB1019 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1019
Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning the offense of financial identity theft.
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A BILL FOR
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SB1019 |
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LRB096 07095 RLC 17181 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, | 3 |
| 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
the offense of identity theft when | 9 |
| he 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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SB1019 |
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LRB096 07095 RLC 17181 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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SB1019 |
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LRB096 07095 RLC 17181 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 theft of credit, money, goods, | 15 |
| services, or
other
property not exceeding $300 in
value | 16 |
| is a Class 4 felony. A person who has been previously | 17 |
| convicted of
identity theft of
less than $300 who is | 18 |
| convicted of a second or subsequent offense of
identity | 19 |
| theft of less than
$300 is guilty of a Class 3 felony. | 20 |
| A person who has been convicted of identity
theft of | 21 |
| less than
$300 who has been previously convicted of any | 22 |
| type of theft, robbery, armed
robbery, burglary, | 23 |
| residential
burglary, possession of burglary tools, | 24 |
| home invasion, home repair fraud,
aggravated home | 25 |
| repair fraud, or
financial exploitation of an elderly | 26 |
| or disabled person is guilty of a Class 3
felony. |
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SB1019 |
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LRB096 07095 RLC 17181 b |
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| Identity theft of credit, money, goods, services, or
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| other
property not exceeding $300 in
value when the | 3 |
| victim of the identity theft is an active duty member | 4 |
| of the Armed Services or Reserve Forces of the United | 5 |
| States or of the Illinois National Guard serving in a | 6 |
| foreign country is a Class 3 felony. A person who has | 7 |
| been previously convicted of
identity theft of
less | 8 |
| than $300 who is convicted of a second or subsequent | 9 |
| offense of
identity theft of less than
$300 when the | 10 |
| victim of the identity theft is an active duty member | 11 |
| of the Armed Services or Reserve Forces of the United | 12 |
| States or of the Illinois National Guard serving in a | 13 |
| foreign country is guilty of a Class 2 felony. A person | 14 |
| who has been convicted of identity
theft of less than
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| $300 when the victim of the identity theft is an active | 16 |
| duty member of the Armed Services or Reserve Forces of | 17 |
| the United States or of the Illinois National Guard | 18 |
| serving in a foreign country who has been previously | 19 |
| convicted of any type of theft, robbery, armed
robbery, | 20 |
| burglary, residential
burglary, possession of burglary | 21 |
| tools, home invasion, home repair fraud,
aggravated | 22 |
| home repair fraud, or
financial exploitation of an | 23 |
| elderly or disabled person is guilty of a Class 2
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| felony. When a person has any
such prior conviction, | 25 |
| the information or indictment charging that person | 26 |
| shall
state the prior conviction so
as to give notice |
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SB1019 |
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LRB096 07095 RLC 17181 b |
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| of the State's intention to treat the charge as a Class | 2 |
| 3 felony. The
fact of the prior conviction is
not an | 3 |
| element of the offense and may not be disclosed to the | 4 |
| jury during trial
unless otherwise permitted
by issues | 5 |
| properly 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 | 9 |
| theft of credit, money, goods,
services, or other
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| property exceeding $300 and not
exceeding $2,000 in | 11 |
| value when the victim of the identity theft is an | 12 |
| active duty member of the Armed Services or Reserve | 13 |
| Forces of the United States or of the Illinois National | 14 |
| 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. | 18 |
| Identity theft of credit, money, goods,
services, or | 19 |
| other
property exceeding $2,000 and not
exceeding | 20 |
| $10,000 in value when the victim of the identity theft | 21 |
| is an active duty member of the Armed Services or | 22 |
| Reserve Forces of the United States or of the Illinois | 23 |
| National Guard serving in a foreign country is a Class | 24 |
| 1 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 |
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SB1019 |
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LRB096 07095 RLC 17181 b |
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| exceeding $100,000 in value is a Class 1 felony. | 2 |
| Identity theft of credit, money, goods,
services, or | 3 |
| other
property exceeding $10,000 and
not exceeding | 4 |
| $100,000 in value when the victim of the identity theft | 5 |
| is an active duty member of the Armed Services or | 6 |
| Reserve Forces of the United States or of the Illinois | 7 |
| National Guard serving in a foreign country is a Class | 8 |
| 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 | 13 |
| paragraphs
(2) through (7) of subsection (a) is guilty of a | 14 |
| Class 3 felony. A person convicted of any offense | 15 |
| enumerated in paragraphs
(2) through (7) of subsection (a) | 16 |
| when the victim of the identity theft is an active duty | 17 |
| member of the Armed Services or Reserve Forces of the | 18 |
| United States or of the Illinois National Guard serving in | 19 |
| a foreign country is guilty of a Class 2 felony.
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| (3) A person convicted of any offense enumerated in | 21 |
| paragraphs
(2) through (5) of subsection (a) a second or | 22 |
| subsequent time is
guilty of a Class 2 felony. A person | 23 |
| convicted of any offense enumerated in paragraphs
(2) | 24 |
| through (5) of subsection (a) a second or subsequent time | 25 |
| when the victim of the identity theft is an active duty | 26 |
| member of the Armed Services or Reserve Forces of the |
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SB1019 |
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LRB096 07095 RLC 17181 b |
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| United States or of the Illinois National Guard serving in | 2 |
| 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 | 4 |
| violation
of any offense enumerated in paragraphs (2) | 5 |
| through (7) of
subsection (a) with respect to the | 6 |
| identifiers of, or other information relating to, 3 or more
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| separate individuals, at the same time or consecutively, is | 8 |
| guilty
of a Class 2 felony. A person who, within a 12 month | 9 |
| period, is found in violation
of any offense enumerated in | 10 |
| paragraphs (2) through (7) of
subsection (a) with respect | 11 |
| to the identifiers of, or other information relating to, 3 | 12 |
| or more
separate individuals, at the same time or | 13 |
| consecutively, when the victim of the identity theft is an | 14 |
| active duty member of the Armed Services or Reserve Forces | 15 |
| of the United States or of the Illinois National Guard | 16 |
| 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 | 18 |
| of paragraph (2) of subsection (a) who uses any personal | 19 |
| identification information or personal
identification | 20 |
| document of another to purchase methamphetamine | 21 |
| manufacturing material as defined in Section 10 of the | 22 |
| Methamphetamine Control and Community Protection Act with | 23 |
| the intent to unlawfully manufacture methamphetamine is | 24 |
| guilty of a Class 2 felony for a first offense and a Class | 25 |
| 1 felony for a second or subsequent offense.
A person | 26 |
| convicted of identity theft in violation of paragraph (2) |
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SB1019 |
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LRB096 07095 RLC 17181 b |
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| of subsection (a) who uses any personal identification | 2 |
| information or personal
identification document of another | 3 |
| to purchase methamphetamine manufacturing material as | 4 |
| defined in Section 10 of the Methamphetamine Control and | 5 |
| Community Protection Act with the intent to unlawfully | 6 |
| manufacture methamphetamine when the victim of the | 7 |
| identity theft is an active duty member of the Armed | 8 |
| Services or Reserve Forces of the United States or of the | 9 |
| Illinois National Guard serving in a foreign country is | 10 |
| guilty of a Class 1 felony for a first offense and a Class | 11 |
| X felony for a second or subsequent offense.
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| (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07; | 13 |
| 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff. | 14 |
| 8-21-07.)
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