Illinois General Assembly - Full Text of SB0118
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Full Text of SB0118  96th General Assembly

SB0118 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0118

 

Introduced 1/30/2009, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16G-15

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of financial identity theft.


LRB096 04840 RLC 14906 b

 

 

A BILL FOR

 

SB0118 LRB096 04840 RLC 14906 b

1     AN ACT concerning 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 changing
5 Section 16G-15 as follows:
 
6     (720 ILCS 5/16G-15)
7     Sec. 16G-15. Identity theft.
8     (a) A person commits the the offense of identity theft when
9 he or she knowingly:
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, or
14         (2) uses any personal identification information or
15     personal identification document of another with intent to
16     commit any felony theft or other felony violation of State
17     law not set forth in paragraph (1) of this subsection (a),
18     or
19         (3) obtains, records, possesses, sells, transfers,
20     purchases, or manufactures any personal identification
21     information or personal identification document of another
22     with intent to commit or to aid or abet another in
23     committing any felony theft or other felony violation of

 

 

SB0118 - 2 - LRB096 04840 RLC 14906 b

1     State law, or
2         (4) uses, obtains, records, possesses, sells,
3     transfers, purchases, or manufactures any personal
4     identification information or personal identification
5     document of another knowing that such personal
6     identification information or personal identification
7     documents were stolen or produced without lawful
8     authority, or
9         (5) uses, transfers, or possesses document-making
10     implements to produce false identification or false
11     documents with knowledge that they will be used by the
12     person or another to commit any felony theft or other
13     felony violation of State law, or
14         (6) uses any personal identification information or
15     personal identification document of another to portray
16     himself or herself as that person, or otherwise, for the
17     purpose of gaining access to any personal identification
18     information or personal identification document of that
19     person, without the prior express permission of that
20     person, or
21         (7) uses any personal identification information or
22     personal identification document of another for the
23     purpose of gaining access to any record of the actions
24     taken, communications made or received, or other
25     activities or transactions of that person, without the
26     prior express permission of that person.

 

 

SB0118 - 3 - LRB096 04840 RLC 14906 b

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

 

 

SB0118 - 4 - LRB096 04840 RLC 14906 b

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

 

 

SB0118 - 5 - LRB096 04840 RLC 14906 b

1         of the State's intention to treat the charge as a Class
2         3 felony. The fact of the prior conviction is not an
3         element of the offense and may not be disclosed to the
4         jury during trial unless otherwise permitted by issues
5         properly raised during the trial.
6             (B) Identity theft of credit, money, goods,
7         services, or other property exceeding $300 and not
8         exceeding $2,000 in value is a Class 3 felony. Identity
9         theft of credit, money, goods, services, or other
10         property exceeding $300 and not exceeding $2,000 in
11         value when the victim of the identity theft is an
12         active duty member of the Armed Services or Reserve
13         Forces of the United States or of the Illinois National
14         Guard serving in a foreign country is a Class 2 felony.
15             (C) Identity theft of credit, money, goods,
16         services, or other property exceeding $2,000 and not
17         exceeding $10,000 in value is a Class 2 felony.
18         Identity theft of credit, money, goods, services, or
19         other property exceeding $2,000 and not exceeding
20         $10,000 in value when the victim of the identity theft
21         is an active duty member of the Armed Services or
22         Reserve Forces of the United States or of the Illinois
23         National Guard serving in a foreign country is a Class
24         1 felony.
25             (D) Identity theft of credit, money, goods,
26         services, or other property exceeding $10,000 and not

 

 

SB0118 - 6 - LRB096 04840 RLC 14906 b

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

 

 

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

 

 

SB0118 - 8 - LRB096 04840 RLC 14906 b

1     of subsection (a) who uses any personal identification
2     information or personal identification document of another
3     to purchase methamphetamine manufacturing material as
4     defined in Section 10 of the Methamphetamine Control and
5     Community Protection Act with the intent to unlawfully
6     manufacture methamphetamine when the victim of the
7     identity theft is an active duty member of the Armed
8     Services or Reserve Forces of the United States or of the
9     Illinois National Guard serving in a foreign country is
10     guilty of a Class 1 felony for a first offense and a Class
11     X felony for a second or subsequent offense.
12 (Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07;
13 94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff.
14 8-21-07.)