SB1294 EnrolledLRB101 06266 SLF 51292 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 16-30 as follows:
 
6    (720 ILCS 5/16-30)
7    Sec. 16-30. Identity theft; aggravated identity theft.
8    (a) A person commits identity theft when he or she
9knowingly:
10        (1) uses any personal identifying information or
11    personal identification document of another person to
12    fraudulently obtain credit, money, goods, services, or
13    other property;
14        (2) uses any personal identifying identification
15    information or personal identification document of another
16    with intent to commit any felony not set forth in paragraph
17    (1) of this subsection (a);
18        (3) obtains, records, possesses, sells, transfers,
19    purchases, or manufactures any personal identifying
20    identification information or personal identification
21    document of another with intent to commit any felony;
22        (4) uses, obtains, records, possesses, sells,
23    transfers, purchases, or manufactures any personal

 

 

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1    identifying identification information or personal
2    identification document of another knowing that such
3    personal identifying identification information or
4    personal identification documents were stolen or produced
5    without lawful authority;
6        (5) uses, transfers, or possesses document-making
7    implements to produce false identification or false
8    documents with knowledge that they will be used by the
9    person or another to commit any felony;
10        (6) uses any personal identifying identification
11    information or personal identification document of another
12    to portray himself or herself as that person, or otherwise,
13    for the purpose of gaining access to any personal
14    identifying identification information or personal
15    identification document of that person, without the prior
16    express permission of that person;
17        (7) uses any personal identifying identification
18    information or personal identification document of another
19    for the purpose of gaining access to any record of the
20    actions taken, communications made or received, or other
21    activities or transactions of that person, without the
22    prior express permission of that person;
23        (7.5) uses, possesses, or transfers a radio frequency
24    identification device capable of obtaining or processing
25    personal identifying information from a radio frequency
26    identification (RFID) tag or transponder with knowledge

 

 

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1    that the device will be used by the person or another to
2    commit a felony violation of State law or any violation of
3    this Article; or
4        (8) in the course of applying for a building permit
5    with a unit of local government, provides the license
6    number of a roofing or fire sprinkler contractor whom he or
7    she does not intend to have perform the work on the roofing
8    or fire sprinkler portion of the project; it is an
9    affirmative defense to prosecution under this paragraph
10    (8) that the building permit applicant promptly informed
11    the unit of local government that issued the building
12    permit of any change in the roofing or fire sprinkler
13    contractor.
14    (b) Aggravated identity theft. A person commits aggravated
15identity theft when he or she commits identity theft as set
16forth in subsection (a) of this Section:
17        (1) against a person 60 years of age or older or a
18    person with a disability; or
19        (2) in furtherance of the activities of an organized
20    gang.
21    A defense to aggravated identity theft does not exist
22merely because the accused reasonably believed the victim to be
23a person less than 60 years of age. For the purposes of this
24subsection, "organized gang" has the meaning ascribed in
25Section 10 of the Illinois Streetgang Terrorism Omnibus
26Prevention Act.

 

 

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1    (c) Knowledge shall be determined by an evaluation of all
2circumstances surrounding the use of the other person's
3identifying information or document.
4    (d) When a charge of identity theft or aggravated identity
5theft of credit, money, goods, services, or other property
6exceeding a specified value is brought, the value of the
7credit, money, goods, services, or other property is an element
8of the offense to be resolved by the trier of fact as either
9exceeding or not exceeding the specified value.
10    (e) Sentence.
11        (1) Identity theft.
12            (A) A person convicted of identity theft in
13        violation of paragraph (1) of subsection (a) shall be
14        sentenced as follows:
15                (i) Identity theft of credit, money, goods,
16            services, or other property not exceeding $300 in
17            value is a Class 4 felony. A person who has been
18            previously convicted of identity theft of less
19            than $300 who is convicted of a second or
20            subsequent offense of identity theft of less than
21            $300 is guilty of a Class 3 felony. A person who
22            has been convicted of identity theft of less than
23            $300 who has been previously convicted of any type
24            of theft, robbery, armed robbery, burglary,
25            residential burglary, possession of burglary
26            tools, home invasion, home repair fraud,

 

 

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1            aggravated home repair fraud, or financial
2            exploitation of an elderly person or person with a
3            disability is guilty of a Class 3 felony. Identity
4            theft of credit, money, goods, services, or other
5            property not exceeding $300 in value when the
6            victim of the identity theft is an active duty
7            member of the Armed Services or Reserve Forces of
8            the United States or of the Illinois National Guard
9            serving in a foreign country is a Class 3 felony. A
10            person who has been previously convicted of
11            identity theft of less than $300 who is convicted
12            of a second or subsequent offense of identity theft
13            of less than $300 when the victim of the identity
14            theft is an active duty member of the Armed
15            Services or Reserve Forces of the United States or
16            of the Illinois National Guard serving in a foreign
17            country is guilty of a Class 2 felony. A person who
18            has been convicted of identity theft of less than
19            $300 when the victim of the identity theft is an
20            active duty member of the Armed Services or Reserve
21            Forces of the United States or of the Illinois
22            National Guard serving in a foreign country who has
23            been previously convicted of any type of theft,
24            robbery, armed robbery, burglary, residential
25            burglary, possession of burglary tools, home
26            invasion, home repair fraud, aggravated home

 

 

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1            repair fraud, or financial exploitation of an
2            elderly person or person with a disability is
3            guilty of a Class 2 felony.
4                (ii) Identity theft of credit, money, goods,
5            services, or other property exceeding $300 and not
6            exceeding $2,000 in value is a Class 3 felony.
7            Identity theft of credit, money, goods, services,
8            or other property exceeding $300 and not exceeding
9            $2,000 in value when the victim of the identity
10            theft is an active duty member of the Armed
11            Services or Reserve Forces of the United States or
12            of the Illinois National Guard serving in a foreign
13            country is a Class 2 felony.
14                (iii) Identity theft of credit, money, goods,
15            services, or other property exceeding $2,000 and
16            not exceeding $10,000 in value is a Class 2 felony.
17            Identity theft of credit, money, goods, services,
18            or other property exceeding $2,000 and not
19            exceeding $10,000 in value when the victim of the
20            identity theft is an active duty member of the
21            Armed Services or Reserve Forces of the United
22            States or of the Illinois National Guard serving in
23            a foreign country is a Class 1 felony.
24                (iv) Identity theft of credit, money, goods,
25            services, or other property exceeding $10,000 and
26            not exceeding $100,000 in value is a Class 1

 

 

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1            felony. Identity theft of credit, money, goods,
2            services, or other property exceeding $10,000 and
3            not exceeding $100,000 in value when the victim of
4            the identity theft is an active duty member of the
5            Armed Services or Reserve Forces of the United
6            States or of the Illinois National Guard serving in
7            a foreign country is a Class X felony.
8                (v) Identity theft of credit, money, goods,
9            services, or other property exceeding $100,000 in
10            value is a Class X felony.
11            (B) A person convicted of any offense enumerated in
12        paragraphs (2) through (7.5) of subsection (a) is
13        guilty of a Class 3 felony. A person convicted of any
14        offense enumerated in paragraphs (2) through (7.5) of
15        subsection (a) when the victim of the identity theft is
16        an active duty member of the Armed Services or Reserve
17        Forces of the United States or of the Illinois National
18        Guard serving in a foreign country is guilty of a Class
19        2 felony.
20            (C) A person convicted of any offense enumerated in
21        paragraphs (2) through (5) and (7.5) of subsection (a)
22        a second or subsequent time is guilty of a Class 2
23        felony. A person convicted of any offense enumerated in
24        paragraphs (2) through (5) and (7.5) of subsection (a)
25        a second or subsequent time when the victim of the
26        identity theft is an active duty member of the Armed

 

 

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1        Services or Reserve Forces of the United States or of
2        the Illinois National Guard serving in a foreign
3        country is guilty of a Class 1 felony.
4            (D) A person who, within a 12-month period, is
5        found in violation of any offense enumerated in
6        paragraphs (2) through (7.5) of subsection (a) with
7        respect to the identifiers of, or other information
8        relating to, 3 or more separate individuals, at the
9        same time or consecutively, is guilty of a Class 2
10        felony. A person who, within a 12-month period, is
11        found in violation of any offense enumerated in
12        paragraphs (2) through (7.5) of subsection (a) with
13        respect to the identifiers of, or other information
14        relating to, 3 or more separate individuals, at the
15        same time or consecutively, when the victim of the
16        identity theft is an active duty member of the Armed
17        Services or Reserve Forces of the United States or of
18        the Illinois National Guard serving in a foreign
19        country is guilty of a Class 1 felony.
20            (E) A person convicted of identity theft in
21        violation of paragraph (2) of subsection (a) who uses
22        any personal identifying identification information or
23        personal identification document of another to
24        purchase methamphetamine manufacturing material as
25        defined in Section 10 of the Methamphetamine Control
26        and Community Protection Act with the intent to

 

 

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1        unlawfully manufacture methamphetamine is guilty of a
2        Class 2 felony for a first offense and a Class 1 felony
3        for a second or subsequent offense. A person convicted
4        of identity theft in violation of paragraph (2) of
5        subsection (a) who uses any personal identifying
6        identification information or personal identification
7        document of another to purchase methamphetamine
8        manufacturing material as defined in Section 10 of the
9        Methamphetamine Control and Community Protection Act
10        with the intent to unlawfully manufacture
11        methamphetamine when the victim of the identity theft
12        is an active duty member of the Armed Services or
13        Reserve Forces of the United States or of the Illinois
14        National Guard serving in a foreign country is guilty
15        of a Class 1 felony for a first offense and a Class X
16        felony for a second or subsequent offense.
17            (F) A person convicted of identity theft in
18        violation of paragraph (8) of subsection (a) of this
19        Section is guilty of a Class 4 felony.
20        (2) Aggravated identity theft.
21            (A) Aggravated identity theft of credit, money,
22        goods, services, or other property not exceeding $300
23        in value is a Class 3 felony.
24            (B) Aggravated identity theft of credit, money,
25        goods, services, or other property exceeding $300 and
26        not exceeding $10,000 in value is a Class 2 felony.

 

 

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1            (C) Aggravated identity theft of credit, money,
2        goods, services, or other property exceeding $10,000
3        in value and not exceeding $100,000 in value is a Class
4        1 felony.
5            (D) Aggravated identity theft of credit, money,
6        goods, services, or other property exceeding $100,000
7        in value is a Class X felony.
8            (E) Aggravated identity theft for a violation of
9        any offense enumerated in paragraphs (2) through (7.5)
10        of subsection (a) of this Section is a Class 2 felony.
11            (F) Aggravated identity theft when a person who,
12        within a 12-month period, is found in violation of any
13        offense enumerated in paragraphs (2) through (7.5) of
14        subsection (a) of this Section with identifiers of, or
15        other information relating to, 3 or more separate
16        individuals, at the same time or consecutively, is a
17        Class 1 felony.
18            (G) A person who has been previously convicted of
19        aggravated identity theft regardless of the value of
20        the property involved who is convicted of a second or
21        subsequent offense of aggravated identity theft
22        regardless of the value of the property involved is
23        guilty of a Class X felony.
24(Source: P.A. 99-143, eff. 7-27-15.)