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92_HB4472enr HB4472 Enrolled LRB9214863DHmb 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-301.1 and 6-301.2 as follows: 6 (625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1) 7 Sec. 6-301.1. Fictitious or unlawfully altered driver's 8 license or permit. 9 (a) As used in this Section: 10 1. "A fictitious driver's license or permit" means 11 any issued license or permit for which a computerized 12 number and file have been created by the Secretary of 13 State or other official driver's license agency in 14 another jurisdiction which contains false information 15 concerning the identity of the individual issued the 16 license or permit; 17 2. "False information" means any information 18 concerning the name, sex, date of birth, social security 19 number or any photograph that falsifies all or in part 20 the actual identity of the individual issued the license 21 or permit; 22 3. "An unlawfully altered driver's license or 23 permit" means any issued license or permit for which a 24 computerized number and file have been created by the 25 Secretary of State or other official driver's license 26 agency in another jurisdiction which has been physically 27 altered or changed in such a manner that false 28 information appears upon the license or permit; 29 4. "A document capable of defrauding another" 30 includes, but is not limited to, any document by which 31 any right, obligation or power with reference to any HB4472 Enrolled -2- LRB9214863DHmb 1 person or property may be created, transferred, altered 2 or terminated; 3 5. "An identification document" means any document 4 made or issued by or under the authority of the United 5 States Government, the State of Illinois or any other 6 state or political subdivision thereof, or any other 7 governmental or quasi-governmental organization which, 8 when completed with information concerning the 9 individual, is of a type intended or commonly accepted 10 for the purpose of identification of an individual;.11 6. "Common carrier" means any public or private 12 provider of transportation, whether by land, air, or 13 water. 14 (b) It is a violation of this Section for any person: 15 1. To knowingly possess any fictitious or 16 unlawfully altered driver's license or permit; 17 2. To knowingly possess, display or cause to be 18 displayed any fictitious or unlawfully altered driver's 19 license or permit for the purpose of obtaining any 20 account, credit, credit card or debit card from a bank, 21 financial institution or retail mercantile establishment; 22 3. To knowingly possess any fictitious or 23 unlawfully altered driver's license or permit with the 24 intent to commit a theft, deception or credit or debit 25 card fraud in violation of any law of this State or any 26 law of any other jurisdiction; 27 4. To knowingly possess any fictitious or 28 unlawfully altered driver's license or permit with the 29 intent to commit any other violation of any law of this 30 State or any law of any other jurisdiction for which a 31 sentence to a term of imprisonment in a penitentiary for 32 one year or more is provided; 33 5. To knowingly possess any fictitious or 34 unlawfully altered driver's license or permit while in HB4472 Enrolled -3- LRB9214863DHmb 1 possession without authority of any document, instrument 2 or device capable of defrauding another; 3 6. To knowingly possess any fictitious or 4 unlawfully altered driver's license or permit with the 5 intent to use the license or permit to acquire any other 6 identification document; 7 7. To knowingly issue or assist in the issuance of 8 any fictitious driver's license or permit; 9 8. To knowingly alter or attempt to alter any 10 driver's license or permit; 11 9. To knowingly manufacture, possess, transfer or 12 provide any identification document whether real or 13 fictitious for the purpose of obtaining a fictitious 14 driver's license or permit;.15 10. To knowingly use any fictitious or unlawfully 16 altered driver's license or permit to purchase or attempt 17 to purchase any ticket for a common carrier or to board 18 or attempt to board any common carrier; 19 11. To knowingly possess any fictitious or 20 unlawfully altered driver's license or permit if the 21 person has at the time a different driver's license 22 issued by the Illinois Secretary of State or other 23 official driver's license agency in another jurisdiction 24 that is suspended or revoked. 25 (c) Sentence. 26 1. Any person convicted of a violation of paragraph 27 1 of subsection (b) of this Section shall be guilty of a 28 Class A misdemeanor and shall be sentenced to minimum 29 fine of $500 or 50 hours of community service, preferably 30 at an alcohol abuse prevention program, if available. A 31 person convicted of a second or subsequent violation 32 shall be guilty of a Class 4 felony. 33 2. Any person convicted of a violation of paragraph 34 3 of subsection (b) of this Section who at the time of HB4472 Enrolled -4- LRB9214863DHmb 1 arrest had in his possession two or more fictitious or 2 unlawfully altered driver's licenses or permits shall be 3 guilty of a Class 4 felony. 4 3. Any person convicted of a violation of any of 5 paragraphs 2 through 119of subsection (b) of this 6 Section shall be guilty of a Class 4 felony. A person 7 convicted of a second or subsequent violation shall be 8 guilty of a Class 3 felony. 9 (d) This Section does not prohibit any lawfully 10 authorized investigative, protective, law enforcement or 11 other activity of any agency of the United States, State of 12 Illinois or any other state or political subdivision thereof. 13 (Source: P.A. 88-210.) 14 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2) 15 Sec. 6-301.2. Fraudulent driver's license or permit. 16 (a) (Blank). 17 (b) It is a violation of this Section for any person: 18 1. To knowingly possess any fraudulent driver's 19 license or permit; 20 2. To knowingly possess, display or cause to be 21 displayed any fraudulent driver's license or permit for 22 the purpose of obtaining any account, credit, credit card 23 or debit card from a bank, financial institution or 24 retail mercantile establishment; 25 3. To knowingly possess any fraudulent driver's 26 license or permit with the intent to commit a theft, 27 deception or credit or debit card fraud in violation of 28 any law of this State or any law of any other 29 jurisdiction; 30 4. To knowingly possess any fraudulent driver's 31 license or permit with the intent to commit any other 32 violation of any laws of this State or any law of any 33 other jurisdiction for which a sentence to a term of HB4472 Enrolled -5- LRB9214863DHmb 1 imprisonment in a penitentiary for one year or more is 2 provided; 3 5. To knowingly possess any fraudulent driver's 4 license or permit while in unauthorized possession of any 5 document, instrument or device capable of defrauding 6 another; 7 6. To knowingly possess any fraudulent driver's 8 license or permit with the intent to use the license or 9 permit to acquire any other identification document; 10 7. To knowingly possess without authority any 11 driver's license-making or permit-making implement; 12 8. To knowingly possess any stolen driver's 13 license-making or permit-making implement; 14 9. To knowingly duplicate, manufacture, sell or 15 transfer any fraudulent driver's license or permit; 16 10. To advertise or distribute any information or 17 materials that promote the selling, giving, or furnishing 18 of a fraudulent driver's license or permit;.19 11. To knowingly use any fraudulent driver's 20 license or permit to purchase or attempt to purchase any 21 ticket for a common carrier or to board or attempt to 22 board any common carrier. As used in this Section, 23 "common carrier" means any public or private provider of 24 transportation, whether by land, air, or water; 25 12. To knowingly possess any fraudulent driver's 26 license or permit if the person has at the time a 27 different driver's license issued by the Secretary of 28 State or another official driver's license agency in 29 another jurisdiction that is suspended or revoked. 30 (c) Sentence. 31 1. Any person convicted of a violation of paragraph 32 1 of subsection (b) of this Section shall be guilty of a 33 Class 4 felony and shall be sentenced to a minimum fine 34 of $500 or 50 hours of community service, preferably at HB4472 Enrolled -6- LRB9214863DHmb 1 an alcohol abuse prevention program, if available. 2 2. Any person convicted of a violation of any of 3 paragraphs 2 through 9 or paragraph 11 or 12 of 4 subsection (b) of this Section shall be guilty of a Class 5 4 felony. A person convicted of a second or subsequent 6 violation shall be guilty of a Class 3 felony. 7 3. Any person convicted of a violation of paragraph 8 10 of subsection (b) of this Section shall be guilty of a 9 Class B misdemeanor. 10 (d) This Section does not prohibit any lawfully 11 authorized investigative, protective, law enforcement or 12 other activity of any agency of the United States, State of 13 Illinois or any other state or political subdivision thereof. 14 (e) The Secretary may request the Attorney General to 15 seek a restraining order in the circuit court against any 16 person who violates this Section by advertising fraudulent 17 driver's licenses or permits. 18 (Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98; 19 90-191, eff. 1-1-98; 90-655, eff. 7-30-98.)