093_HB2410eng

 
HB2410 Engrossed                     LRB093 08191 RLC 08398 b

 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 property.
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)  If When a charge  of  financial  identity  theft  of
17    credit, 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,
 
HB2410 Engrossed            -2-      LRB093 08191 RLC 08398 b
 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; 92-792, eff. 8-6-02.)