Public Act 094-0039
 
HB2699 Enrolled LRB094 09125 RLC 39355 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 16G-15 and 16G-20 as follows:
 
    (720 ILCS 5/16G-15)
    Sec. 16G-15. Identity theft.
    (a) A person commits the offense of identity theft when he
or she knowingly:
        (1) uses any personal identifying information or
    personal identification document of another person to
    fraudulently obtain credit, money, goods, services, or
    other property, or
        (2) uses any personal identification information or
    personal identification document of another with intent to
    commit any felony theft or other felony violation of State
    law not set forth in paragraph (1) of this subsection (a),
    or
        (3) obtains, records, possesses, sells, transfers,
    purchases, or manufactures any personal identification
    information or personal identification document of another
    with intent to commit or to aid or abet another in
    committing any felony theft or other felony violation of
    State law, or
        (4) uses, obtains, records, possesses, sells,
    transfers, purchases, or manufactures any personal
    identification information or personal identification
    document of another knowing that such personal
    identification information or personal identification
    documents were stolen or produced without lawful
    authority, or
        (5) uses, transfers, or possesses document-making
    implements to produce false identification or false
    documents with knowledge that they will be used by the
    person or another to commit any felony theft or other
    felony violation of State law.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
    (c) When a charge of identity theft of credit, money,
goods, services, or other property exceeding a specified value
is brought the value of the credit, money, goods, services, or
other property is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the
specified value.
    (d) Sentence.
          (1) A person convicted of identity theft in violation
    of paragraph (1) of subsection (a) shall be sentenced as
    follows:
            (A) identity theft of credit, money, goods,
        services, or other property not exceeding $300 in value
        is a Class 4 felony A misdemeanor. A person who has
        been previously convicted of identity theft of less
        than $300 who is convicted of a second or subsequent
        offense of identity theft of less than $300 is guilty
        of a Class 3 4 felony. A person who has been convicted
        of identity theft of less than $300 who has been
        previously convicted of any type of theft, robbery,
        armed robbery, burglary, residential burglary,
        possession of burglary tools, home invasion, home
        repair fraud, aggravated home repair fraud, or
        financial exploitation of an elderly or disabled
        person is guilty of a Class 3 4 felony. When a person
        has any such prior conviction, the information or
        indictment charging that person shall state the prior
        conviction so as to give notice of the State's
        intention to treat the charge as a Class 3 felony. The
        fact of the prior conviction is not an element of the
        offense and may not be disclosed to the jury during
        trial unless otherwise permitted by issues properly
        raised during the trial.
            (B) Identity theft of credit, money, goods,
        services, or other property exceeding $300 and not
        exceeding $2,000 in value is a Class 3 4 felony.
            (C) Identity theft of credit, money, goods,
        services, or other property exceeding $2,000 and not
        exceeding $10,000 in value is a Class 2 3 felony.
            (D) Identity theft of credit, money, goods,
        services, or other property exceeding $10,000 and not
        exceeding $100,000 in value is a Class 1 2 felony.
            (E) Identity theft of credit, money, goods,
        services, or other property exceeding $100,000 in
        value is a Class X 1 felony.
        (2) A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) is guilty of a
    Class 3 4 felony.
        (3) A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) a second or
    subsequent time is guilty of a Class 2 3 felony.
        (4) A person who, within a 12 month period, is found in
    violation of any offense enumerated in paragraphs (2)
    through (5) of subsection (a) with respect to the
    identifiers of 3 or more separate individuals, at the same
    time or consecutively, is guilty of a Class 2 3 felony.
(Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)
 
    (720 ILCS 5/16G-20)
    Sec. 16G-20. Aggravated identity theft.
    (a) A person commits the offense of aggravated identity
theft when he or she commits the offense of identity theft as
set forth in subsection (a) of Section 16G-15 against a person
60 years of age or older or a disabled person as defined in
Section 16-1.3 of this Code.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
    (c) When a charge of aggravated identity theft of credit,
money, goods, services, or other property exceeding a specified
value is brought the value of the credit, money, goods,
services, or other property is an element of the offense to be
resolved by the trier of fact as either exceeding or not
exceeding the specified value.
    (d) A defense to aggravated identity theft does not exist
merely because the accused reasonably believed the victim to be
a person less than 60 years of age.
    (e) Sentence.
        (1) Aggravated identity theft of credit, money, goods,
    services, or other property not exceeding $300 in value is
    a Class 3 4 felony.
        (2) Aggravated identity theft of credit, money, goods,
    services, or other property exceeding $300 and not
    exceeding $10,000 in value is a Class 2 3 felony.
        (3) Aggravated identity theft of credit, money, goods,
    services, or other property exceeding $10,000 in value and
    not exceeding $100,000 in value is a Class 1 2 felony.
        (4) Aggravated identity theft of credit, money, goods,
    services, or other property exceeding $100,000 in value is
    a Class X 1 felony.
        (5) A person who has been previously convicted of
    aggravated identity theft regardless of the value of the
    property involved who is convicted of a second or
    subsequent offense of aggravated identity theft regardless
    of the value of the property involved is guilty of a Class
    X felony.
(Source: P.A. 93-401, eff. 7-31-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.