Public Act 097-0388
 
SB0151 EnrolledLRB097 06635 RLC 46721 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-10, 16G-15, and 16G-20 as follows:
 
    (720 ILCS 5/16G-10)
    Sec. 16G-10. Definitions. In this Article unless the
context otherwise requires:
    (a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card, a
public, government, or private employment identification card,
a social security card, a firearm owner's identification card,
a credit card, a debit card, or a passport issued to or on
behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other State political
subdivision of any state, or any other governmental or
quasi-governmental organization that is of a type intended for
the purpose of identification of an individual, or any such
document made or altered in a manner that it falsely purports
to have been made on behalf of or issued to another person or
by the authority of one who did not give that authority.
    (b) "Personal identifying information" means any of the
following information:
        (1) A person's name;
        (2) A person's address;
        (2.5) A person's date of birth;
        (3) A person's telephone number;
        (4) A person's drivers license number or State of
    Illinois identification card as assigned by the Secretary
    of State of the State of Illinois or a similar agency of
    another state;
        (5) A person's Social Security number;
        (6) A person's public, private, or government
    employer, place of employment, or employment
    identification number;
        (7) The maiden name of a person's mother;
        (8) The number assigned to a person's depository
    account, savings account, or brokerage account;
        (9) The number assigned to a person's credit or debit
    card, commonly known as a "Visa Card", "Master Card",
    "American Express Card", "Discover Card", or other similar
    cards whether issued by a financial institution,
    corporation, or business entity;
        (10) Personal identification numbers;
        (11) Electronic identification numbers;
        (12) Digital signals;
        (12.5) User names, passwords, and any other word,
    number, character or combination of the same usable in
    whole or part to access information relating to a specific
    individual, or to the actions taken, communications made or
    received, or other activities or transactions of a specific
    individual.
        (13) Any other numbers or information which can be used
    to access a person's financial resources, or to identify a
    specific individual, or the actions taken, communications
    made or received, or other activities or transactions of a
    specific individual.
    (c) "Document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
    (d) "Financial transaction device" means any of the
following:
        (1) An electronic funds transfer card.
        (2) A credit card.
        (3) A debit card.
        (4) A point-of-sale card.
        (5) Any instrument, device, card, plate, code, account
    number, personal identification number, or a record or copy
    of a code, account number, or personal identification
    number or other means of access to a credit account or
    deposit account, or a driver's license or state
    identification card used to access a proprietary account,
    other than access originated solely by a paper instrument,
    that can be used alone or in conjunction with another
    access device, for any of the following purposes:
            (A) Obtaining money, cash refund or credit
        account, credit, goods, services, or any other thing of
        value.
            (B) Certifying or guaranteeing to a person or
        business the availability to the device holder of funds
        on deposit to honor a draft or check payable to the
        order of that person or business.
            (C) Providing the device holder access to a deposit
        account for the purpose of making deposits,
        withdrawing funds, transferring funds between deposit
        accounts, obtaining information pertaining to a
        deposit account, or making an electronic funds
        transfer.
    (e) "Radio frequency identification device" means any
implement, computer file, computer disc, electronic device,
computer hardware, computer software, or instrument that is
used to activate, read, receive, or decode information stored
on a RFID tag or transponder attached to a personal
identification document.
    (f) "RFID tag or transponder" means a chip or device that
contains personal identifying information from which the
personal identifying information can be read or decoded by
another device emitting a radio frequency that activates or
powers a radio frequency emission response from the chip or
transponder.
(Source: P.A. 93-401, eff. 7-31-03; 94-38, eff. 6-16-05;
94-1008, eff. 7-5-06.)
 
    (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; , or
        (6) uses any personal identification information or
    personal identification document of another to portray
    himself or herself as that person, or otherwise, for the
    purpose of gaining access to any personal identification
    information or personal identification document of that
    person, without the prior express permission of that
    person; , or
        (7) uses any personal identification information or
    personal identification document of another for the
    purpose of gaining access to any record of the actions
    taken, communications made or received, or other
    activities or transactions of that person, without the
    prior express permission of that person; , or
        (7.5) uses, possesses, or transfers a radio frequency
    identification device capable of obtaining or processing
    personal identifying information from a radio frequency
    identification (RFID) tag or transponder with knowledge
    that the device will be used by the person or another to
    commit a felony violation of State law or any violation of
    this Article;
        (8) in the course of applying for a building permit
    with a unit of a local government, provides the license
    number of a roofing contractor whom he or she does not
    intend to have perform the work on the roofing portion of
    the project; it . It is an affirmative defense to
    prosecution under this paragraph (8) that the building
    permit applicant promptly informed the unit of local
    government that issued the building permit of any change in
    the roofing contractor; or .
        (9) (8) in the course of applying for a building permit
    with a unit of local government, provides the license
    number of a fire sprinkler contractor whom he or she does
    not intend to have perform the work on the fire sprinkler
    portion of the project; it . It is an affirmative defense to
    prosecution under this paragraph (9) (8) that the building
    permit applicant promptly informed the unit of local
    government that issued the building permit of any change in
    the fire sprinkler contractor.
    (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 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 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 felony.
        Identity theft of credit, money, goods, services, or
        other property not exceeding $300 in value when the
        victim of the identity theft is an active duty member
        of the Armed Services or Reserve Forces of the United
        States or of the Illinois National Guard serving in a
        foreign country is a Class 3 felony. 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 when the
        victim of the identity theft is an active duty member
        of the Armed Services or Reserve Forces of the United
        States or of the Illinois National Guard serving in a
        foreign country is guilty of a Class 2 felony. A person
        who has been convicted of identity theft of less than
        $300 when the victim of the identity theft is an active
        duty member of the Armed Services or Reserve Forces of
        the United States or of the Illinois National Guard
        serving in a foreign country 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 2
        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 felony. Identity
        theft of credit, money, goods, services, or other
        property exceeding $300 and not exceeding $2,000 in
        value when the victim of the identity theft is an
        active duty member of the Armed Services or Reserve
        Forces of the United States or of the Illinois National
        Guard serving in a foreign country is a Class 2 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 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $2,000 and not exceeding
        $10,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        1 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 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $10,000 and not exceeding
        $100,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        X felony.
            (E) Identity theft of credit, money, goods,
        services, or other property exceeding $100,000 in
        value is a Class X felony.
        (2) A person convicted of any offense enumerated in
    paragraphs (2) through (7.5) (7) of subsection (a) is
    guilty of a Class 3 felony. A person convicted of any
    offense enumerated in paragraphs (2) through (7.5) (7) of
    subsection (a) when the victim of the identity theft is an
    active duty member of the Armed Services or Reserve Forces
    of the United States or of the Illinois National Guard
    serving in a foreign country is guilty of a Class 2 felony.
        (3) A person convicted of any offense enumerated in
    paragraphs (2) through (5) and (7.5) of subsection (a) a
    second or subsequent time is guilty of a Class 2 felony. A
    person convicted of any offense enumerated in paragraphs
    (2) through (5) and (7.5) of subsection (a) a second or
    subsequent time when the victim of the identity theft is an
    active duty member of the Armed Services or Reserve Forces
    of the United States or of the Illinois National Guard
    serving in a foreign country is guilty of a Class 1 felony.
        (4) A person who, within a 12 month period, is found in
    violation of any offense enumerated in paragraphs (2)
    through (7.5) (7) of subsection (a) with respect to the
    identifiers of, or other information relating to, 3 or more
    separate individuals, at the same time or consecutively, is
    guilty of a Class 2 felony. A person who, within a 12 month
    period, is found in violation of any offense enumerated in
    paragraphs (2) through (7.5) (7) of subsection (a) with
    respect to the identifiers of, or other information
    relating to, 3 or more separate individuals, at the same
    time or consecutively, when the victim of the identity
    theft is an active duty member of the Armed Services or
    Reserve Forces of the United States or of the Illinois
    National Guard serving in a foreign country is guilty of a
    Class 1 felony.
        (5) A person convicted of identity theft in violation
    of paragraph (2) of subsection (a) who uses any personal
    identification information or personal identification
    document of another to purchase methamphetamine
    manufacturing material as defined in Section 10 of the
    Methamphetamine Control and Community Protection Act with
    the intent to unlawfully manufacture methamphetamine is
    guilty of a Class 2 felony for a first offense and a Class
    1 felony for a second or subsequent offense. A person
    convicted of identity theft in violation of paragraph (2)
    of subsection (a) who uses any personal identification
    information or personal identification document of another
    to purchase methamphetamine manufacturing material as
    defined in Section 10 of the Methamphetamine Control and
    Community Protection Act with the intent to unlawfully
    manufacture methamphetamine when the victim of the
    identity theft is an active duty member of the Armed
    Services or Reserve Forces of the United States or of the
    Illinois National Guard serving in a foreign country is
    guilty of a Class 1 felony for a first offense and a Class
    X felony for a second or subsequent offense.
        (6) A person convicted of identity theft in violation
    of paragraph (8) or (9) of subsection (a) of this Section
    is shall be guilty of a Class 4 felony.
(Source: P.A. 95-60, eff. 1-1-08; 95-331, eff. 8-21-07;
96-1324, eff. 7-27-10; 96-1455, eff. 8-20-10; revised
9-16-10.)
 
    (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:
        (1) against a person 60 years of age or older or a
    disabled person as defined in Section 16-1.3 of this Code;
    or
        (2) in furtherance of the activities of an organized
    gang.
    For purposes of this Section, "organized gang" has the
meaning ascribed to that term in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (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 under paragraph
(a)(1) 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 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 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 felony.
        (4) Aggravated identity theft of credit, money, goods,
    services, or other property exceeding $100,000 in value is
    a Class X felony.
        (4.1) Aggravated identity theft for a violation of any
    offense enumerated in paragraphs (2) through (7.5) (7) of
    subsection (a) of Section 16G-15 of this Code is a Class 2
    felony.
        (4.2) Aggravated identity theft when a person who,
    within a 12 month period, is found in violation of any
    offense enumerated in paragraphs (2) through (7.5) (7) of
    subsection (a) of Section 16G-15 with identifiers of, or
    other information relating to, 3 or more separate
    individuals, at the same time or consecutively, is a Class
    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. 95-199, eff. 8-16-07; 96-243, eff. 8-11-09.)