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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_SB2271enr SB2271 Enrolled LRB9215837RCcd 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 Section 16G-15 as follows: 6 (720 ILCS 5/16G-15) 7 Sec. 16G-15. Financial identity theft. 8 (a) A person commits the offense of financial identity 9 theft when he or she knowingly uses any personal identifying 10 information or personal identification document of another 11 person to fraudulently obtain credit, money, goods, services, 12 or other propertyin the name of the other person. 13 (b) Knowledge shall be determined by an evaluation of 14 all circumstances surrounding the use of the other person's 15 identifying information or document. 16 (c) When a charge of financial identity theft of credit, 17 money, goods, services, or other property exceeding a 18 specified value is brought the value of the credit, money, 19 goods, services, or other property is an element of the 20 offense to be resolved by the trier of fact as either 21 exceeding or not exceeding the specified value. 22 (d) Sentence. 23 (1) Financial identity theft of credit, money, 24 goods, services, or other property not exceeding $300 in 25 value is a Class A misdemeanor. A person who has been 26 previously convicted of financial identity theft of less 27 than $300 who is convicted of a second or subsequent 28 offense of financial identity theft of less than $300 is 29 guilty of a Class 4 felony. A person who has been 30 convicted of financial identity theft of less than $300 31 who has been previously convicted of any type of theft, SB2271 Enrolled -2- LRB9215837RCcd 1 robbery, armed robbery, burglary, residential burglary, 2 possession of burglary tools, home invasion, home repair 3 fraud, aggravated home repair fraud, or financial 4 exploitation of an elderly or disabled person is guilty 5 of a Class 4 felony. When a person has any such prior 6 conviction, the information or indictment charging that 7 person shall state the prior conviction so as to give 8 notice of the State's intention to treat the charge as a 9 felony. The fact of the prior conviction is not an 10 element of the offense and may not be disclosed to the 11 jury during trial unless otherwise permitted by issues 12 properly raised during the trial. 13 (2) Financial identity theft of credit, money, 14 goods, services, or other property exceeding $300 and not 15 exceeding $2,000 in value is a Class 4 felony. 16 (3) Financial identity theft of credit, money, 17 goods, services, or other property exceeding $2,000 and 18 not exceeding $10,000 in value is a Class 3 felony. 19 (4) Financial identity theft of credit, money, 20 goods, services, or other property exceeding $10,000 and 21 not exceeding $100,000 in value is a Class 2 felony. 22 (5) Financial identity theft of credit, money, 23 goods, services, or other property exceeding $100,000 in 24 value is a Class 1 felony. 25 (Source: P.A. 91-517, eff. 8-13-99.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.