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92_HB5636eng HB5636 Engrossed LRB9215613RCcd 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 Criminal Code of 1961 is amended by 5 changing the heading of Article 16G and Sections 16G-1, 6 16G-5, 16G-10, 16G-15, 16G-20, and 16G-25 as follows: 7 (720 ILCS 5/Article 16G heading) 8 ARTICLE 16GFINANCIALIDENTITY THEFT 9AND ASSET FORFEITURELAW 10 (720 ILCS 5/16G-1) 11 Sec. 16G-1. Short title. This Article may be cited as the 12FinancialIdentity Theftand Asset ForfeitureLaw. 13 (Source: P.A. 91-517, eff. 8-13-99.) 14 (720 ILCS 5/16G-5) 15 Sec. 16G-5. Legislative declaration. 16 (a) It is the public policy of this State that the 17 substantial burden placed upon the economy of this State as a 18 result of the rising incidence offinancialidentity theft 19 and the negative effect of this crime on the People of this 20 State and its victims is a matter of grave concern to the 21 People of this State who have the right to be protected in 22 their health, safety, and welfare from the effects of this 23 crime, and thereforefinancialidentity theft shall be 24 identified and dealt with swiftly and appropriately 25 considering the onerous nature of the crime. 26 (b) The widespread availability and unauthorized access 27 to personal identification information have led and will lead 28 to a substantial increase in identity theft related crimes. 29 (Source: P.A. 91-517, eff. 8-13-99.) HB5636 Engrossed -2- LRB9215613RCcd 1 (720 ILCS 5/16G-10) 2 Sec. 16G-10. Definitions. In this Article unless the 3 context otherwise requires: 4 (a) "Personal identification document" means a birth 5 certificate, a drivers license, a State identification card, 6 a public, government, or private employment identification 7 card, a social security card, a firearm owner's 8 identification card, a credit card, a debit card, or a 9 passport issued to or on behalf of a person other than the 10 offender, or any document made or issued, or falsely 11 purported to have been made or issued, by or under the 12 authority of the United States Government, the State of 13 Illinois, or any other State political subdivision of any 14 state, or any other governmental or quasi-governmental 15 organization that is of a type intended for the purpose of 16 identification of an individual, or any such document made or 17 altered in a manner that it falsely purports to have been 18 made on behalf of or issued to another person or by the 19 authority of one who did not give that authority. 20 (b) "Personal identifying information" means any of the 21 following information: 22 (1) A person's name; 23 (2) A person's address; 24 (3) A person's telephone number; 25 (4) A person's drivers license number or State of 26 Illinois identification card as assigned by the Secretary 27 of State of the State of Illinois or a similar agency of 28 another state; 29 (5) A person's Social Security number; 30 (6) A person's public, private, or government 31 employer, place of employment, or employment 32 identification number; 33 (7) The maiden name of a person's mother; 34 (8) The number assigned to a person's depository HB5636 Engrossed -3- LRB9215613RCcd 1 account, savings account, or brokerage account; 2 (9) The number assigned to a person's credit or 3 debit card, commonly known as a "Visa Card", "Master 4 Card", "American Express Card", "Discover Card", or other 5 similar cards whether issued by a financial institution, 6 corporation, or business entity; 7 (10) Personal identification numbers; 8 (11) Electronic identification numbers; 9 (12) Digital signals; 10 (13) Any other numbers or information which can be 11 used to access a person's financial resources, or to 12 identify a specific individual. 13 (c) "Document-making implement" means any implement, 14 impression, template, computer file, computer disc, 15 electronic device, computer hardware, computer software, 16 instrument, or device that is used to make a real or 17 fictitious or fraudulent personal identification document. 18 (Source: P.A. 91-517, eff. 8-13-99.) 19 (720 ILCS 5/16G-15) 20 Sec. 16G-15.FinancialIdentity theft. 21 (a) A person commits the offense offinancialidentity 22 theft when he or she knowingly: 23 (1) uses any personal identifying information or 24 personal identification document of another person to 25 fraudulently obtain credit, money, goods, services, or 26 other property, orin the name of the other person.27 (2) uses any personal identification information or 28 personal identification document of another with intent 29 to commit any theft or felony violation of State law not 30 set forth in paragraph (1) of this subsection (a), or 31 (3) obtains, records, possesses, sells, transfers, 32 purchases, or manufactures any personal identification 33 information or personal identification document with HB5636 Engrossed -4- LRB9215613RCcd 1 intent to commit or to aid or abet another in committing 2 any theft or felony violation of State law, or 3 (4) uses, obtains, records, possesses, sells, 4 transfers, purchases, or manufactures any personal 5 identification information or personal identification 6 document of another knowing that such personal 7 identification information or personal identification 8 documents were stolen or produced without lawful 9 authority, or 10 (5) uses, transfers, or possesses document-making 11 implements to produce false identification or false 12 documents with knowledge that they will be used by the 13 person or another to commit any theft or felony violation 14 of State law. 15 (b) Knowledge shall be determined by an evaluation of 16 all circumstances surrounding the use of the other person's 17 identifying information or document. 18 (c) When a charge offinancialidentity theft of credit, 19 money, goods, services, or other property exceeding a 20 specified value is brought the value of the credit, money, 21 goods, services, or other property is an element of the 22 offense to be resolved by the trier of fact as either 23 exceeding or not exceeding the specified value. 24 (d) Sentence. 25 (1) A person convicted of identity theft in 26 violation of paragraph (1) of subsection (a) shall be 27 sentenced as follows: 28 (A)FinancialIdentity theft of credit, money, 29 goods, services, or other property not exceeding 30 $300 in value is a Class A misdemeanor. A person who 31 has been previously convicted offinancialidentity 32 theft of less than $300 who is convicted of a second 33 or subsequent offense offinancialidentity theft of 34 less than $300 is guilty of a Class 4 felony. A HB5636 Engrossed -5- LRB9215613RCcd 1 person who has been convicted offinancialidentity 2 theft of less than $300 who has been previously 3 convicted of any type of theft, robbery, armed 4 robbery, burglary, residential burglary, possession 5 of burglary tools, home invasion, home repair fraud, 6 aggravated home repair fraud, or financial 7 exploitation of an elderly or disabled person is 8 guilty of a Class 4 felony. When a person has any 9 such prior conviction, the information or indictment 10 charging that person shall state the prior 11 conviction so as to give notice of the State's 12 intention to treat the charge as a felony. The fact 13 of the prior conviction is not an element of the 14 offense and may not be disclosed to the jury during 15 trial unless otherwise permitted by issues properly 16 raised during the trial. 17 (B)(2) FinancialIdentity theft of credit, 18 money, goods, services, or other property exceeding 19 $300 and not exceeding $2,000 in value is a Class 4 20 felony. 21 (C)(3) FinancialIdentity theft of credit, 22 money, goods, services, or other property exceeding 23 $2,000 and not exceeding $10,000 in value is a Class 24 3 felony. 25 (D)(4) FinancialIdentity theft of credit, 26 money, goods, services, or other property exceeding 27 $10,000 and not exceeding $100,000 in value is a 28 Class 2 felony. 29 (E)(5) FinancialIdentity theft of credit, 30 money, goods, services, or other property exceeding 31 $100,000 in value is a Class 1 felony. 32 (2) A person convicted of any offense enumerated in 33 paragraphs (2) through (5) of subsection (a) is guilty of 34 a Class 4 felony. HB5636 Engrossed -6- LRB9215613RCcd 1 (3) A person convicted of any offense enumerated in 2 paragraphs (2) through (5) of subsection (a) a second or 3 subsequent time is guilty of a Class 3 felony. 4 (4) A person who, within a 12 month period, is 5 found in violation of any offense enumerated in 6 paragraphs (2) through (5) of subsection (a) with respect 7 to the identifiers of 3 or more separate individuals, at 8 the same time or consecutively, is guilty of a Class 3 9 felony. 10 (Source: P.A. 91-517, eff. 8-13-99.) 11 (720 ILCS 5/16G-20) 12 Sec. 16G-20. Aggravatedfinancialidentity theft. 13 (a) A person commits the offense of aggravatedfinancial14 identity theft when he or she commits the offense of 15financialidentity theft as set forth in subsection (a) of 16 Section 16G-15 against a person 60 years of age or older or a 17 disabled person as defined in Section 16-1.3 of this Code. 18 (b) Knowledge shall be determined by an evaluation of 19 all circumstances surrounding the use of the other person's 20 identifying information or document. 21 (c) When a charge of aggravatedfinancialidentity theft 22 of credit, money, goods, services, or other property 23 exceeding a specified value is brought the value of the 24 credit, money, goods, services, or other property is an 25 element of the offense to be resolved by the trier of fact as 26 either exceeding or not exceeding the specified value. 27 (d) A defense to aggravatedfinancialidentity theft 28 does not exist merely because the accused reasonably believed 29 the victim to be a person less than 60 years of age. 30 (e) Sentence. 31 (1) Aggravatedfinancialidentity theft of credit, 32 money, goods, services, or other property not exceeding 33 $300 in value is a Class 4 felony. HB5636 Engrossed -7- LRB9215613RCcd 1 (2) Aggravatedfinancialidentity theft of credit, 2 money, goods, services, or other property exceeding $300 3 and not exceeding $10,000 in value is a Class 3 felony. 4 (3) Aggravatedfinancialidentity theft of credit, 5 money, goods, services, or other property exceeding 6 $10,000 in value and not exceeding $100,000 in value is a 7 Class 2 felony. 8 (4) Aggravatedfinancialidentity theft of credit, 9 money, goods, services, or other property exceeding 10 $100,000 in value is a Class 1 felony. 11 (5) A person who has been previously convicted of 12 aggravatedfinancialidentity theft regardless of the 13 value of the property involved who is convicted of a 14 second or subsequent offense of aggravatedfinancial15 identity theft regardless of the value of the property 16 involved is guilty of a Class X felony. 17 (Source: P.A. 91-517, eff. 8-13-99.) 18 (720 ILCS 5/16G-25) 19 Sec. 16G-25. Offenders interest in the property. It is no 20 defense to a charge of aggravatedfinancialidentity theft or 21financialidentity theft that the offender has an interest in 22 the credit, money, goods, services, or other property 23obtained in the name of the other person. 24 (Source: P.A. 91-517, eff. 8-13-99.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.