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92_HB4951 LRB9211368RCmgA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Identification Card Act is 5 amended by changing Sections 14A and 14B as follows: 6 (15 ILCS 335/14A) (from Ch. 124, par. 34A) 7 Sec. 14A. Fictitious or unlawfully altered 8 identification card. 9 (a) As used in this Section: 10 1. "A fictitious identification card" means any 11 issued identification card for which a computerized 12 number and file have been created by the Secretary of 13 State, the United States Government, any other state or 14 political subdivision thereof, or any governmental or 15 quasi-governmental organization that contains false 16 information concerning the identity of the individual 17 issued the identification card; 18 2. "False information" means any information 19 concerning the name, sex, date of birth, social security 20 number or any photograph that falsifies all or in part 21 the actual identity of the individual issued the 22 identification card; 23 3. "An unlawfully altered identification card" 24 means any issued identification card for which a 25 computerized number and file have been created by the 26 Secretary of State, the United States Government, any 27 other state or political subdivision thereof, or any 28 governmental or quasi-governmental organization that has 29 been physically altered or changed in such a manner that 30 false information appears upon the identification card; 31 4. "A document capable of defrauding another" -2- LRB9211368RCmgA 1 includes, but is not limited to, any document by which 2 any right, obligation or power with reference to any 3 person or property may be created, transferred, altered 4 or terminated; 5 5. An "identification document" or "identification 6 card" means any document made or issued by or under the 7 authority of the United States Government, the State of 8 Illinois or any other state or political subdivision 9 thereof, or any other governmental or quasi-governmental 10 organization which, when completed with information 11 concerning the individual, is of a type intended or 12 commonly accepted for the purpose of identification of an 13 individual. 14 (b) It is a violation of this Section for any person: 15 1. To knowingly possess, display, or cause to be 16 displayed any fictitious or unlawfully altered 17 identification card; 18 2. To knowingly possess, display, or cause to be 19 displayed any fictitious or unlawfully altered 20 identification card for the purpose of obtaining any 21 account, credit, credit card or debit card from a bank, 22 financial institution or retail mercantile establishment; 23 3. To knowingly possess any fictitious or 24 unlawfully altered identification card with the intent to 25 commit a theft, deception or credit or debit card fraud 26 in violation of any law of this State or any law of any 27 other jurisdiction; 28 4. To knowingly possess any fictitious or 29 unlawfully altered identification card with the intent to 30 commit any other violation of any law of this State or 31 any law of any other jurisdiction for which a sentence to 32 a term of imprisonment in a penitentiary for one year or 33 more is provided; 34 5. To knowingly possess any fictitious or -3- LRB9211368RCmgA 1 unlawfully altered identification card while in 2 unauthorized possession of any document, instrument or 3 device capable of defrauding another; 4 6. To knowingly possess any fictitious or 5 unlawfully altered identification card with the intent to 6 use the identification card to acquire any other 7 identification document; 8 7. To knowingly issue or assist in the issuance of 9 any fictitious identification card; 10 8. To knowingly alter or attempt to alter any 11 identification card; 12 9. To knowingly manufacture, possess, transfer, or 13 provide any identification document whether real or 14 fictitious for the purpose of obtaining a fictitious 15 identification card; 16 10. To make application for the purpose of 17 obtaining a fictitious identification card for another 18 person; 19 11. To obtain the services of another person to 20 make application for the purpose of obtaining a 21 fictitious identification card. 22 (c) Sentence. 23 1. Any person convicted of a violation of paragraph 24 1, 10, or 11 of subsection (b) of this Section shall be 25 guilty of a Class 4 felony. A person convicted of a 26 second or subsequent violation shall be guilty of a Class 27 3 felony and shall be sentenced to a minimum fine of $500 28 or 50 hours of community service, preferably at an 29 alcohol abuse prevention program, if available. 30 2. Any person convicted of a violation of paragraph 31 1 of subsection (b) of this Section who at the time of 32 arrest had in his possession two or more fictitious or 33 unlawfully altered identification cards shall be guilty 34 of a Class 4 felony. -4- LRB9211368RCmgA 1 3. Any person convicted of a violation of paragraph 2 2 through 89of subsection (b) of this Section shall be 3 guilty of a Class 4 felony. A person convicted of a 4 second or subsequent violation shall be guilty of a Class 5 3 felony. 6 4. A person convicted of a violation of paragraph 9 7 of subsection (b) of this Section is guilty of a Class 3 8 felony. A person convicted of a second or subsequent 9 violation of paragraph 9 of subsection (b) of this 10 Section is guilty of a Class 2 felony. A person 11 convicted of a first or subsequent violation of paragraph 12 9 of subsection (b) of this Section shall be sentenced to 13 a minimum fine of $500 or 50 hours of community service. 14 (d) This Section does not prohibit any lawfully 15 authorized investigative, protective, law enforcement or 16 other activity of any agency of the United States, State of 17 Illinois or any other state or political subdivision thereof. 18 (Source: P.A. 89-283, eff. 1-1-96; 90-220, eff. 1-1-98.) 19 (15 ILCS 335/14B) (from Ch. 124, par. 34B) 20 Sec. 14B. Fraudulent identification card. 21 (a) As used in this Section: 22 1. "A fraudulent identification card" means any 23 identification card which purports to be an official 24 identification card for which a computerized number and 25 file have not been created by the Secretary of State, the 26 United States Government or any state or political 27 subdivision thereof, or any governmental or 28 quasi-governmental organization. For the purpose of this 29 paragraph, any identification card which resembles an 30 official identification card in either size, color, 31 photograph location, or design or uses the word 32 "official", "state", "Illinois", or the name of any other 33 state or political subdivision thereof, or any -5- LRB9211368RCmgA 1 governmental or quasi-governmental organization 2 individually or in any combination thereof to describe or 3 modify the term "identification card" or "I.D. card" 4 anywhere on the card, or uses a shape in the likeness of 5 Illinois or any other state on the photograph side of the 6 card, is deemed to be a fraudulent identification card 7 unless the words "This is not an official Identification 8 Card", appear prominently upon it in black colored 9 lettering in 12 point type on the photograph side of the 10 card, and no such card shall be smaller in size than 3 11 inches by 4 inches, and the photograph shall be on the 12 left side of the card only. 13 2. "A license-making implement" means any implement 14 specially designed or primarily used in the manufacture, 15 assembly or authentication of any identification card 16 issued by the Secretary of State, the United States 17 Government, the State of Illinois or any other state or 18 political subdivision of the state, or any governmental 19 or quasi-governmental organization. Such implements 20 include, but are not limited to, cameras used for 21 creating identification card photographs, camera cards, 22 or identification card laminates. 23 (b) It is a violation of this Section for any person: 24 1. To knowingly possess, display, or cause to be 25 displayed any fraudulent identification card; 26 2. To knowingly possess, display or cause to be 27 displayed any fraudulent identification card for the 28 purpose of obtaining any account, credit, credit card or 29 debit card from a bank, financial institution or retail 30 mercantile establishment; 31 3. To knowingly possess any fraudulent 32 identification card with the intent to commit a theft, 33 deception or credit or debit card fraud in violation of 34 any law of this State or any law of any other -6- LRB9211368RCmgA 1 jurisdiction; 2 4. To knowingly possess any fraudulent 3 identification card with the intent to commit any other 4 violation of any law of this State or any law of any 5 other jurisdiction for which a sentence to a term of 6 imprisonment in a penitentiary for one year or more is 7 provided; 8 5. To knowingly possess any fraudulent 9 identification card while in unauthorized possession of 10 any document, instrument or device capable of defrauding 11 another; 12 6. To knowingly possess any fraudulent 13 identification card with the intent to use the 14 identification card to acquire any other identification 15 document; 16 7. To knowingly possess without authority any 17 license-making implement; 18 8. To knowingly possess any stolen identification 19 card making implement; 20 9. To knowingly duplicate, manufacture, sell or 21 transfer any fraudulent identification card; 22 10. To advertise or distribute any information or 23 materials that promote the selling, giving, or furnishing 24 of a fraudulent identification card. 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 4 felony and shall be sentenced to a minimum fine 29 of $500 or 50 hours of community service, preferably at 30 an alcohol abuse prevention program, if available. 31 2. Any person convicted of a violation of any of 32 paragraphs 2 through 89of subsection (b) of this 33 Section shall be guilty of a Class 4 felony. A person 34 convicted of a second or subsequent violation shall be -7- LRB9211368RCmgA 1 guilty of a Class 3 felony. 2 2.1. A person convicted of a violation of paragraph 3 9 of subsection (b) of this Section is guilty of a Class 4 3 felony. A person convicted of a second or subsequent 5 violation of paragraph 9 of subsection (b) of this 6 Section is guilty of a Class 2 felony. A person 7 convicted of a first or subsequent violation of paragraph 8 9 of subsection (b) of this Section shall be sentenced to 9 a minimum fine of $500 or 50 hours of community service. 10 3. Any person who violates paragraph 10 of 11 subsection (b) of this Section is guilty of a Class 4 12 felonyA misdemeanor. A person convicted of a first or 13 subsequent violation of paragraph 10 of subsection (b) of 14 this Section shall be sentenced to a minimum fine of $500 15 or 50 hours of community service. 16 (d) This Section does not prohibit any lawfully 17 authorized investigative, protective, law enforcement or 18 other activity of any agency of the United States, State of 19 Illinois or any other state or political subdivision thereof. 20 (e) The Secretary of State may request the Attorney 21 General to seek a restraining order in the circuit court 22 against any person who violates paragraph 10 of subsection 23 (b) of this Section by advertising fraudulent identification 24 cards. 25 (Source: P.A. 91-357, eff. 7-29-99.) 26 Section 10. The Illinois Vehicle Code is amended by 27 changing Sections 6-301.1 and 6-301.2 as follows: 28 (625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1) 29 Sec. 6-301.1. Fictitious or unlawfully altered driver's 30 license or permit. 31 (a) As used in this Section: 32 1. "A fictitious driver's license or permit" means -8- LRB9211368RCmgA 1 any issued license or permit for which a computerized 2 number and file have been created by the Secretary of 3 State or other official driver's license agency in 4 another jurisdiction which contains false information 5 concerning the identity of the individual issued the 6 license or permit; 7 2. "False information" means any information 8 concerning the name, sex, date of birth, social security 9 number or any photograph that falsifies all or in part 10 the actual identity of the individual issued the license 11 or permit; 12 3. "An unlawfully altered driver's license or 13 permit" means any issued license or permit for which a 14 computerized number and file have been created by the 15 Secretary of State or other official driver's license 16 agency in another jurisdiction which has been physically 17 altered or changed in such a manner that false 18 information appears upon the license or permit; 19 4. "A document capable of defrauding another" 20 includes, but is not limited to, any document by which 21 any right, obligation or power with reference to any 22 person or property may be created, transferred, altered 23 or terminated; 24 5. "An identification document" means any document 25 made or issued by or under the authority of the United 26 States Government, the State of Illinois or any other 27 state or political subdivision thereof, or any other 28 governmental or quasi-governmental organization which, 29 when completed with information concerning the 30 individual, is of a type intended or commonly accepted 31 for the purpose of identification of an individual. 32 (b) It is a violation of this Section for any person: 33 1. To knowingly possess any fictitious or 34 unlawfully altered driver's license or permit; -9- LRB9211368RCmgA 1 2. To knowingly possess, display or cause to be 2 displayed any fictitious or unlawfully altered driver's 3 license or permit for the purpose of obtaining any 4 account, credit, credit card or debit card from a bank, 5 financial institution or retail mercantile establishment; 6 3. To knowingly possess any fictitious or 7 unlawfully altered driver's license or permit with the 8 intent to commit a theft, deception or credit or debit 9 card fraud in violation of any law of this State or any 10 law of any other jurisdiction; 11 4. To knowingly possess any fictitious or 12 unlawfully altered driver's license or permit with the 13 intent to commit any other violation of any law of this 14 State or any law of any other jurisdiction for which a 15 sentence to a term of imprisonment in a penitentiary for 16 one year or more is provided; 17 5. To knowingly possess any fictitious or 18 unlawfully altered driver's license or permit while in 19 possession without authority of any document, instrument 20 or device capable of defrauding another; 21 6. To knowingly possess any fictitious or 22 unlawfully altered driver's license or permit with the 23 intent to use the license or permit to acquire any other 24 identification document; 25 7. To knowingly issue or assist in the issuance of 26 any fictitious driver's license or permit; 27 8. To knowingly alter or attempt to alter any 28 driver's license or permit; 29 9. To knowingly manufacture, possess, transfer or 30 provide any identification document whether real or 31 fictitious for the purpose of obtaining a fictitious 32 driver's license or permit. 33 (c) Sentence. 34 1. Any person convicted of a violation of paragraph -10- LRB9211368RCmgA 1 1 of subsection (b) of this Section shall be guilty of a 2 Class A misdemeanor and shall be sentenced to minimum 3 fine of $500 or 50 hours of community service, preferably 4 at an alcohol abuse prevention program, if available. A 5 person convicted of a second or subsequent violation 6 shall be guilty of a Class 4 felony. 7 2. Any person convicted of a violation of paragraph 8 3 of subsection (b) of this Section who at the time of 9 arrest had in his possession two or more fictitious or 10 unlawfully altered driver's licenses or permits shall be 11 guilty of a Class 4 felony. 12 3. Any person convicted of a violation of any of 13 paragraphs 2 through 89of subsection (b) of this 14 Section shall be guilty of a Class 4 felony. A person 15 convicted of a second or subsequent violation shall be 16 guilty of a Class 3 felony. 17 4. A person convicted of a violation of paragraph 9 18 of subsection (b) of this Section is guilty of a Class 3 19 felony. A person convicted of a second or subsequent 20 violation of paragraph 9 of subsection (b) of this 21 Section is guilty of a Class 2 felony. A person 22 convicted of a first or subsequent violation of paragraph 23 9 of subsection (b) of this Section shall be sentenced to 24 a minimum fine of $500 or 50 hours of community service. 25 (d) This Section does not prohibit any lawfully 26 authorized investigative, protective, law enforcement or 27 other activity of any agency of the United States, State of 28 Illinois or any other state or political subdivision thereof. 29 (Source: P.A. 88-210.) 30 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2) 31 Sec. 6-301.2. Fraudulent driver's license or permit. 32 (a) (Blank). 33 (b) It is a violation of this Section for any person: -11- LRB9211368RCmgA 1 1. To knowingly possess any fraudulent driver's 2 license or permit; 3 2. To knowingly possess, display or cause to be 4 displayed any fraudulent driver's license or permit for 5 the purpose of obtaining any account, credit, credit card 6 or debit card from a bank, financial institution or 7 retail mercantile establishment; 8 3. To knowingly possess any fraudulent driver's 9 license or permit with the intent to commit a theft, 10 deception or credit or debit card fraud in violation of 11 any law of this State or any law of any other 12 jurisdiction; 13 4. To knowingly possess any fraudulent driver's 14 license or permit with the intent to commit any other 15 violation of any laws of this State or any law of any 16 other jurisdiction for which a sentence to a term of 17 imprisonment in a penitentiary for one year or more is 18 provided; 19 5. To knowingly possess any fraudulent driver's 20 license or permit while in unauthorized possession of any 21 document, instrument or device capable of defrauding 22 another; 23 6. To knowingly possess any fraudulent driver's 24 license or permit with the intent to use the license or 25 permit to acquire any other identification document; 26 7. To knowingly possess without authority any 27 driver's license-making or permit-making implement; 28 8. To knowingly possess any stolen driver's 29 license-making or permit-making implement; 30 9. To knowingly duplicate, manufacture, sell or 31 transfer any fraudulent driver's license or permit; 32 10. To advertise or distribute any information or 33 materials that promote the selling, giving, or furnishing 34 of a fraudulent driver's license or permit. -12- LRB9211368RCmgA 1 (c) Sentence. 2 1. Any person convicted of a violation of paragraph 3 1 of subsection (b) of this Section shall be guilty of a 4 Class 4 felony and shall be sentenced to a minimum fine 5 of $500 or 50 hours of community service, preferably at 6 an alcohol abuse prevention program, if available. 7 2. Any person convicted of a violation of any of 8 paragraphs 2 through 89of subsection (b) of this 9 Section shall be guilty of a Class 4 felony. A person 10 convicted of a second or subsequent violation shall be 11 guilty of a Class 3 felony. 12 2.1. A person convicted of a violation of paragraph 13 9 of subsection (b) of this Section is guilty of a Class 14 3 felony. A person convicted of a second or subsequent 15 violation of paragraph 9 of subsection (b) of this 16 Section is guilty of a Class 2 felony. A person 17 convicted of a first or subsequent violation of paragraph 18 9 of subsection (b) of this Section shall be sentenced to 19 a minimum fine of $500 or 50 hours of community service. 20 3. Any person convicted of a violation of paragraph 21 10 of subsection (b) of this Section shall be guilty of a 22 Class ABmisdemeanor. A person convicted of a first or 23 subsequent violation of paragraph 10 of subsection (b) of 24 this Section shall be sentenced to a minimum fine of $500 25 or 50 hours of community service. 26 (d) This Section does not prohibit any lawfully 27 authorized investigative, protective, law enforcement or 28 other activity of any agency of the United States, State of 29 Illinois or any other state or political subdivision thereof. 30 (e) The Secretary may request the Attorney General to 31 seek a restraining order in the circuit court against any 32 person who violates this Section by advertising fraudulent 33 driver's licenses or permits. 34 (Source: P.A. 89-283, eff. 1-1-96; 90-89, eff. 1-1-98; -13- LRB9211368RCmgA 1 90-191, eff. 1-1-98; 90-655, eff. 7-30-98.)