Public Act 90-0220 of the 90th General Assembly

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Public Act 90-0220

SB452 Enrolled                                 LRB9002950NTsb

    AN ACT to amend the Illinois Identification Card  Act  by
changing Section 14A.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Identification  Card  Act  is
amended by changing Section 14A as follows:

    (15 ILCS 335/14A) (from Ch. 124, par. 34A)
    Sec.   14A.     Fictitious    or    unlawfully    altered
identification card.
    (a)  As used in this Section:
         1.  "A  fictitious  identification  card"  means any
    issued  identification  card  for  which  a  computerized
    number and file have been created  by  the  Secretary  of
    State,  the  United States Government, any other state or
    political subdivision thereof,  or  any  governmental  or
    quasi-governmental   organization   that  contains  false
    information concerning the  identity  of  the  individual
    issued the identification card;
         2.  "False   information"   means   any  information
    concerning the name, sex, date of birth, social  security
    number  or  any  photograph that falsifies all or in part
    the  actual  identity  of  the  individual   issued   the
    identification card;
         3.  "An   unlawfully  altered  identification  card"
    means  any  issued  identification  card  for   which   a
    computerized  number  and  file  have been created by the
    Secretary of State, the  United  States  Government,  any
    other  state  or  political  subdivision  thereof, or any
    governmental or quasi-governmental organization that  has
    been  physically altered or changed in such a manner that
    false information appears upon the identification card;
         4.  "A  document  capable  of  defrauding   another"
    includes,  but  is  not limited to, any document by which
    any right, obligation or  power  with  reference  to  any
    person  or  property may be created, transferred, altered
    or terminated;
         5.  An "identification document" or  "identification
    card"  means  any document made or issued by or under the
    authority of the United States Government, the  State  of
    Illinois  or  any  other  state  or political subdivision
    thereof, or any other governmental or  quasi-governmental
    organization   which,  when  completed  with  information
    concerning the individual,  is  of  a  type  intended  or
    commonly accepted for the purpose of identification of an
    individual.

    (b)  It is a violation of this Section for any person:
         1.  To  knowingly  possess,  display, or cause to be
    displayed   any   fictitious   or   unlawfully    altered
    identification card;
         2.  To  knowingly  possess,  display, or cause to be
    displayed   any   fictitious   or   unlawfully    altered
    identification  card  for  the  purpose  of obtaining any
    account, credit, credit card or debit card from  a  bank,
    financial institution or retail mercantile establishment;
         3.  To   knowingly   possess   any   fictitious   or
    unlawfully altered identification card with the intent to
    commit  a  theft, deception or credit or debit card fraud
    in violation of any law of this State or any law  of  any
    other jurisdiction;
         4.  To   knowingly   possess   any   fictitious   or
    unlawfully altered identification card with the intent to
    commit  any  other  violation of any law of this State or
    any law of any other jurisdiction for which a sentence to
    a term of imprisonment in a penitentiary for one year  or
    more is provided;
         5.  To   knowingly   possess   any   fictitious   or
    unlawfully   altered   identification   card   while   in
    unauthorized  possession  of  any document, instrument or
    device capable of defrauding another;
         6.  To   knowingly   possess   any   fictitious   or
    unlawfully altered identification card with the intent to
    use  the  identification  card  to  acquire   any   other
    identification document;
         7.  To  knowingly issue or assist in the issuance of
    any fictitious identification card;
         8.  To knowingly  alter  or  attempt  to  alter  any
    identification card;
         9.  To  knowingly manufacture, possess, transfer, or
    provide  any  identification  document  whether  real  or
    fictitious for the  purpose  of  obtaining  a  fictitious
    identification card;
         10.  To   make   application   for  the  purpose  of
    obtaining a fictitious identification  card  for  another
    person;
         11.  To  obtain  the  services  of another person to
    make  application  for  the  purpose   of   obtaining   a
    fictitious identification card.

    (c)  Sentence.
         1.  Any person convicted of a violation of paragraph
    1,  10,  or 11 of subsection (b) of this Section shall be
    guilty of a  Class  4  felony  A  misdemeanor.  A  person
    convicted  of  a  second or subsequent violation shall be
    guilty of a Class 3 4 felony and shall be sentenced to  a
    minimum  fine  of  $500 or 50 hours of community service,
    preferably at an alcohol  abuse  prevention  program,  if
    available.
         2.  Any person convicted of a violation of paragraph
    1  of  subsection  (b) of this Section who at the time of
    arrest had in his possession two or  more  fictitious  or



    unlawfully  altered  identification cards shall be guilty
    of a Class 4 felony.
         3.  Any person convicted of a violation of paragraph
    2 through 9 of subsection (b) of this  Section  shall  be
    guilty  of  a  Class  4  felony.  A person convicted of a
    second or subsequent violation shall be guilty of a Class
    3 felony.
    (d)  This  Section  does  not   prohibit   any   lawfully
authorized  investigative,  protective,  law  enforcement  or
other  activity  of any agency of the United States, State of
Illinois or any other state or political subdivision thereof.
(Source: P.A. 88-210; 89-283, eff. 1-1-96.)

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