Full Text of SB1294 101st General Assembly
SB1294enr 101ST GENERAL ASSEMBLY |
| | SB1294 Enrolled | | LRB101 06266 SLF 51292 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 16-30 as follows: | 6 | | (720 ILCS 5/16-30) | 7 | | Sec. 16-30. Identity theft; aggravated identity theft.
| 8 | | (a) A person commits identity theft when he or
she
| 9 | | knowingly:
| 10 | | (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;
| 14 | | (2) uses any personal identifying identification | 15 | | information or personal
identification document of another | 16 | | with intent to commit any felony not set forth in
paragraph | 17 | | (1) of this subsection (a);
| 18 | | (3) obtains, records, possesses, sells, transfers, | 19 | | purchases, or
manufactures any personal identifying | 20 | | identification information or personal
identification | 21 | | document of another with intent to commit any felony;
| 22 | | (4) uses, obtains, records, possesses, sells, | 23 | | transfers, purchases,
or manufactures any personal |
| | | SB1294 Enrolled | - 2 - | LRB101 06266 SLF 51292 b |
|
| 1 | | identifying identification information or
personal | 2 | | identification document of another knowing that such
| 3 | | personal identifying identification information or | 4 | | personal identification
documents were stolen or produced | 5 | | without lawful authority;
| 6 | | (5) uses, transfers, or possesses document-making | 7 | | implements to
produce false identification or false | 8 | | documents with knowledge that
they will be used by the | 9 | | person or another to commit any felony;
| 10 | | (6) uses any personal identifying identification | 11 | | information or personal identification document of another | 12 | | to portray himself or herself as that person, or otherwise, | 13 | | for the purpose of gaining access to any personal | 14 | | identifying identification information or personal | 15 | | identification document of that person, without the prior | 16 | | express permission of that person; | 17 | | (7) uses any personal identifying identification | 18 | | information or personal identification document of another | 19 | | for the purpose of gaining access to any record of the | 20 | | actions taken, communications made or received, or other | 21 | | activities or transactions of that person, without the | 22 | | prior express permission of that person;
| 23 | | (7.5) uses, possesses, or transfers a radio frequency | 24 | | identification device capable of obtaining or processing | 25 | | personal identifying information from a radio frequency | 26 | | identification (RFID) tag or transponder with knowledge |
| | | SB1294 Enrolled | - 3 - | LRB101 06266 SLF 51292 b |
|
| 1 | | that the device will be used by the person or another to | 2 | | commit a felony violation of State law or any violation of | 3 | | this Article; or | 4 | | (8) in the course of applying for a building permit | 5 | | with a unit of local government, provides the license | 6 | | number of a roofing or fire sprinkler contractor whom he or | 7 | | she does not intend to have perform the work on the roofing | 8 | | or fire sprinkler portion of the project; it is an | 9 | | affirmative defense to prosecution under this paragraph | 10 | | (8) that the building permit applicant promptly informed | 11 | | the unit of local government that issued the building | 12 | | permit of any change in the roofing or fire sprinkler | 13 | | contractor. | 14 | | (b) Aggravated identity theft. A person commits aggravated | 15 | | identity theft when he or she commits identity theft as set | 16 | | forth in subsection (a) of this Section: | 17 | | (1) against a person 60 years of age or older or a | 18 | | person with a disability; or | 19 | | (2) in furtherance of the activities of an organized | 20 | | gang. | 21 | | A defense to aggravated identity theft does not exist | 22 | | merely because the accused reasonably believed the victim to be | 23 | | a person less than 60 years of age. For the purposes of this | 24 | | subsection, "organized gang" has the meaning ascribed in | 25 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 26 | | Prevention Act. |
| | | SB1294 Enrolled | - 4 - | LRB101 06266 SLF 51292 b |
|
| 1 | | (c) Knowledge shall be determined by an evaluation of all | 2 | | circumstances
surrounding the use of the other
person's | 3 | | identifying information or document.
| 4 | | (d) When a charge of identity theft or aggravated identity | 5 | | theft of credit, money, goods,
services, or other property
| 6 | | exceeding a specified value is brought, the value of the | 7 | | credit, money, goods,
services, or other property is
an element | 8 | | of the offense to be resolved by the trier of fact as either
| 9 | | exceeding or not exceeding the
specified value.
| 10 | | (e) Sentence.
| 11 | | (1) Identity theft. | 12 | | (A) A person convicted of identity theft in | 13 | | violation of paragraph (1)
of subsection (a) shall be | 14 | | sentenced as follows:
| 15 | | (i) Identity theft of credit, money, goods, | 16 | | services, or
other
property not exceeding $300 in
| 17 | | value is a Class 4 felony. A person who has been | 18 | | previously convicted of
identity theft of
less | 19 | | than $300 who is convicted of a second or | 20 | | subsequent offense of
identity theft of less than
| 21 | | $300 is guilty of a Class 3 felony. A person who | 22 | | has been convicted of identity
theft of less than
| 23 | | $300 who has been previously convicted of any type | 24 | | of theft, robbery, armed
robbery, burglary, | 25 | | residential
burglary, possession of burglary | 26 | | tools, home invasion, home repair fraud,
|
| | | SB1294 Enrolled | - 5 - | LRB101 06266 SLF 51292 b |
|
| 1 | | aggravated home repair fraud, or
financial | 2 | | exploitation of an elderly person or person with a | 3 | | disability is guilty of a Class 3
felony. Identity | 4 | | theft of credit, money, goods, services, or
other
| 5 | | property not exceeding $300 in
value when the | 6 | | victim of the identity theft is an active duty | 7 | | member of the Armed Services or Reserve Forces of | 8 | | the United States or of the Illinois National Guard | 9 | | serving in a foreign country is a Class 3 felony. A | 10 | | person who has been previously convicted of
| 11 | | identity theft of
less than $300 who is convicted | 12 | | of a second or subsequent offense of
identity theft | 13 | | of less than
$300 when the victim of the identity | 14 | | theft is an active duty member of the Armed | 15 | | Services or Reserve Forces of the United States or | 16 | | of the Illinois National Guard serving in a foreign | 17 | | country is guilty of a Class 2 felony. A person who | 18 | | has been convicted of identity
theft of less than
| 19 | | $300 when the victim of the identity theft is an | 20 | | active duty member of the Armed Services or Reserve | 21 | | Forces of the United States or of the Illinois | 22 | | National Guard serving in a foreign country who has | 23 | | been previously convicted of any type of theft, | 24 | | robbery, armed
robbery, burglary, residential
| 25 | | burglary, possession of burglary tools, home | 26 | | invasion, home repair fraud,
aggravated home |
| | | SB1294 Enrolled | - 6 - | LRB101 06266 SLF 51292 b |
|
| 1 | | repair fraud, or
financial exploitation of an | 2 | | elderly person or person with a disability is | 3 | | guilty of a Class 2
felony.
| 4 | | (ii) Identity theft of credit, money, goods,
| 5 | | services, or other
property exceeding $300 and not
| 6 | | exceeding $2,000 in value is a Class 3 felony. | 7 | | Identity theft of credit, money, goods,
services, | 8 | | or other
property exceeding $300 and not
exceeding | 9 | | $2,000 in value when the victim of the identity | 10 | | theft is an active duty member of the Armed | 11 | | Services or Reserve Forces of the United States or | 12 | | of the Illinois National Guard serving in a foreign | 13 | | country is a Class 2 felony.
| 14 | | (iii) Identity theft of credit, money, goods,
| 15 | | services, or other
property exceeding $2,000 and | 16 | | not
exceeding $10,000 in value is a Class 2 felony. | 17 | | Identity theft of credit, money, goods,
services, | 18 | | or other
property exceeding $2,000 and not
| 19 | | exceeding $10,000 in value when the victim of the | 20 | | identity theft is an active duty member of the | 21 | | Armed Services or Reserve Forces of the United | 22 | | States or of the Illinois National Guard serving in | 23 | | a foreign country is a Class 1 felony.
| 24 | | (iv) Identity theft of credit, money, goods,
| 25 | | services, or other
property exceeding $10,000 and
| 26 | | not exceeding $100,000 in value is a Class 1 |
| | | SB1294 Enrolled | - 7 - | LRB101 06266 SLF 51292 b |
|
| 1 | | felony. Identity theft of credit, money, goods,
| 2 | | services, or other
property exceeding $10,000 and
| 3 | | not exceeding $100,000 in value when the victim of | 4 | | the identity theft is an active duty member of the | 5 | | Armed Services or Reserve Forces of the United | 6 | | States or of the Illinois National Guard serving in | 7 | | a foreign country is a Class X felony.
| 8 | | (v) Identity theft of credit, money, goods,
| 9 | | services, or
other property exceeding $100,000 in
| 10 | | value is a Class X felony.
| 11 | | (B) A person convicted of any offense enumerated in | 12 | | paragraphs
(2) through (7.5) of subsection (a) is | 13 | | guilty of a Class 3 felony. A person convicted of any | 14 | | offense enumerated in paragraphs
(2) through (7.5) of | 15 | | subsection (a) when the victim of the identity theft is | 16 | | an active duty member of the Armed Services or Reserve | 17 | | Forces of the United States or of the Illinois National | 18 | | Guard serving in a foreign country is guilty of a Class | 19 | | 2 felony.
| 20 | | (C) A person convicted of any offense enumerated in | 21 | | paragraphs
(2) through (5) and (7.5) of subsection (a) | 22 | | a second or subsequent time is
guilty of a Class 2 | 23 | | felony. A person convicted of any offense enumerated in | 24 | | paragraphs
(2) through (5) and (7.5) of subsection (a) | 25 | | a second or subsequent time when the victim of the | 26 | | identity theft is an active duty member of the Armed |
| | | SB1294 Enrolled | - 8 - | LRB101 06266 SLF 51292 b |
|
| 1 | | Services or Reserve Forces of the United States or of | 2 | | the Illinois National Guard serving in a foreign | 3 | | country is
guilty of a Class 1 felony.
| 4 | | (D) A person who, within a 12-month period, is | 5 | | found in violation
of any offense enumerated in | 6 | | paragraphs (2) through (7.5) of
subsection (a) with | 7 | | respect to the identifiers of, or other information | 8 | | relating to, 3 or more
separate individuals, at the | 9 | | same time or consecutively, is guilty
of a Class 2 | 10 | | felony. A person who, within a 12-month period, is | 11 | | found in violation
of any offense enumerated in | 12 | | paragraphs (2) through (7.5) of
subsection (a) with | 13 | | respect to the identifiers of, or other information | 14 | | relating to, 3 or more
separate individuals, at the | 15 | | same time or consecutively, when the victim of the | 16 | | identity theft is an active duty member of the Armed | 17 | | Services or Reserve Forces of the United States or of | 18 | | the Illinois National Guard serving in a foreign | 19 | | country is guilty
of a Class 1 felony.
| 20 | | (E) A person convicted of identity theft in | 21 | | violation of paragraph (2) of subsection (a) who uses | 22 | | any personal identifying identification information or | 23 | | personal
identification document of another to | 24 | | purchase methamphetamine manufacturing material as | 25 | | defined in Section 10 of the Methamphetamine Control | 26 | | and Community Protection Act with the intent to |
| | | SB1294 Enrolled | - 9 - | LRB101 06266 SLF 51292 b |
|
| 1 | | unlawfully manufacture methamphetamine is guilty of a | 2 | | Class 2 felony for a first offense and a Class 1 felony | 3 | | for a second or subsequent offense.
A person convicted | 4 | | of identity theft in violation of paragraph (2) of | 5 | | subsection (a) who uses any personal identifying | 6 | | identification information or personal
identification | 7 | | document of another to purchase methamphetamine | 8 | | manufacturing material as defined in Section 10 of the | 9 | | Methamphetamine Control and Community Protection Act | 10 | | with the intent to unlawfully manufacture | 11 | | methamphetamine when the victim of the identity theft | 12 | | is an active duty member of the Armed Services or | 13 | | Reserve Forces of the United States or of the Illinois | 14 | | National Guard serving in a foreign country is guilty | 15 | | of a Class 1 felony for a first offense and a Class X | 16 | | felony for a second or subsequent offense.
| 17 | | (F) A person convicted of identity theft in | 18 | | violation of paragraph (8) of subsection (a) of this | 19 | | Section is guilty of a Class 4 felony. | 20 | | (2) Aggravated identity theft. | 21 | | (A) Aggravated identity theft of credit, money, | 22 | | goods, services, or other property not exceeding $300 | 23 | | in value is a Class 3 felony. | 24 | | (B) Aggravated identity theft of credit, money, | 25 | | goods, services, or other property exceeding $300 and | 26 | | not exceeding $10,000 in value is a Class 2 felony. |
| | | SB1294 Enrolled | - 10 - | LRB101 06266 SLF 51292 b |
|
| 1 | | (C) Aggravated identity theft of credit, money, | 2 | | goods, services, or other property exceeding $10,000 | 3 | | in value and not exceeding $100,000 in value is a Class | 4 | | 1 felony. | 5 | | (D) Aggravated identity theft of credit, money, | 6 | | goods, services, or other property exceeding $100,000 | 7 | | in value is a Class X felony. | 8 | | (E) Aggravated identity theft for a violation of | 9 | | any offense enumerated in paragraphs (2) through (7.5) | 10 | | of subsection (a) of this Section is a Class 2 felony. | 11 | | (F) Aggravated identity theft when a person who, | 12 | | within a 12-month period, is found in violation of any | 13 | | offense enumerated in paragraphs (2) through (7.5) of | 14 | | subsection (a) of this Section with identifiers of, or | 15 | | other information relating to, 3 or more separate | 16 | | individuals, at the same time or consecutively, is a | 17 | | Class 1 felony. | 18 | | (G) A person who has been previously convicted of | 19 | | aggravated identity theft regardless of the value of | 20 | | the property involved who is convicted of a second or | 21 | | subsequent offense of aggravated identity theft | 22 | | regardless of the value of the property involved is | 23 | | guilty of a Class X felony.
| 24 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
|