State of Illinois
92nd General Assembly
Legislation

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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 8 9 of 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  8  9  of  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        felony  A  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  8  9  of  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  8  9  of  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 A B misdemeanor.  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.)

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