State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ]

91_HB1413sam001

 










                                             LRB9103429RCksam

 1                    AMENDMENT TO HOUSE BILL 1413

 2        AMENDMENT NO.     .  Amend House Bill 1413  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  Criminal Code of 1961 by adding
 5    Article 16G."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  Criminal  Code  of 1961 is amended by
 9    adding Article 16G as follows:

10        (720 ILCS 5/Art. 16G heading new)
11                             ARTICLE 16G
12          FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW

13        (720 ILCS 5/16G-1 new)
14        Sec. 16G-1. Short title. This Article may be cited as the
15    Financial Identity Theft and Asset Forfeiture Law.

16        (720 ILCS 5/16G-5 new)
17        Sec. 16G-5.  Legislative declaration.
18        (a)  It is the public  policy  of  this  State  that  the
19    substantial burden placed upon the economy of this State as a
 
                            -2-              LRB9103429RCksam
 1    result  of  the  rising incidence of financial identity theft
 2    and the negative effect of this crime on the People  of  this
 3    State  and  its  victims  is a matter of grave concern to the
 4    People of this State who have the right to  be  protected  in
 5    their  health,  safety,  and welfare from the effects of this
 6    crime,  and  therefore  financial  identity  theft  shall  be
 7    identified  and  dealt   with   swiftly   and   appropriately
 8    considering the onerous nature of the crime.
 9        (b)  The  widespread availability and unauthorized access
10    to personal identification information have led and will lead
11    to a substantial increase in identity theft related crimes.

12        (720 ILCS 5/16G-10 new)
13        Sec. 16G-10. Definitions.  In  this  Article  unless  the
14    context otherwise requires:
15        (a)  "Personal  identification  document"  means  a birth
16    certificate, a drivers license, a State identification  card,
17    a  public,  government,  or private employment identification
18    card,   a   social   security   card,   a   firearm   owner's
19    identification card, a  credit  card,  a  debit  card,  or  a
20    passport  issued  to  or on behalf of a person other than the
21    offender, or any such document made or altered  in  a  manner
22    that  it purports to have been made on behalf of or issued to
23    another person or by the authority of one who  did  not  give
24    that authority.
25        (b)  "Personal  identifying information" means any of the
26    following information:
27             (1)  A person's name;
28             (2)  A person's address;
29             (3)  A person's telephone number;
30             (4)  A person's drivers license number or  State  of
31        Illinois identification card as assigned by the Secretary
32        of  State of the State of Illinois or a similar agency of
33        another state;
 
                            -3-              LRB9103429RCksam
 1             (5)  A person's Social Security number;
 2             (6)  A  person's  public,  private,  or   government
 3        employer,    place    of    employment,   or   employment
 4        identification number;
 5             (7)  The maiden name of a person's mother;
 6             (8)  The number assigned to  a  person's  depository
 7        account, savings account, or brokerage account;
 8             (9)  The  number  assigned  to  a person's credit or
 9        debit card, commonly known  as  a  "Visa  Card",  "Master
10        Card", "American Express Card", "Discover Card", or other
11        similar  cards whether issued by a financial institution,
12        corporation, or business entity;
13             (10)  Personal identification numbers;
14             (11)  Electronic identification numbers;
15             (12)  Digital signals;
16             (13)  Any other numbers or information which can  be
17        used to access a person's financial resources.

18        (720 ILCS 5/16G-15 new)
19        Sec. 16G-15.  Financial identity theft.
20        (a)  A  person  commits the offense of financial identity
21    theft when he or she knowingly uses any personal  identifying
22    information  or  personal  identification document of another
23    person to obtain credit, money,  goods,  services,  or  other
24    property in the name of the other person, without the written
25    authorization  of the other person and knowingly representing
26    that he or she is the other person  or  is  acting  with  the
27    authorization of the other person.
28        (b)  Knowledge  shall  be  determined by an evaluation of
29    all circumstances surrounding the use of the  other  person's
30    identifying information or document.
31        (c)  When a charge of financial identity theft of credit,
32    money,   goods,  services,  or  other  property  exceeding  a
33    specified value is brought the value of  the  credit,  money,
 
                            -4-              LRB9103429RCksam
 1    goods,  services,  or  other  property  is  an element of the
 2    offense to be  resolved  by  the  trier  of  fact  as  either
 3    exceeding or not exceeding the specified value.
 4        (d)  Sentence.
 5             (1)  Financial  identity  theft  of  credit,  money,
 6        goods,  services, or other property not exceeding $300 in
 7        value is a Class A misdemeanor. A  person  who  has  been
 8        previously  convicted of financial identity theft of less
 9        than $300 who is convicted  of  a  second  or  subsequent
10        offense  of financial identity theft of less than $300 is
11        guilty of a  Class  4  felony.  A  person  who  has  been
12        convicted  of  financial identity theft of less than $300
13        who has been previously convicted of any type  of  theft,
14        robbery,  armed  robbery, burglary, residential burglary,
15        possession of burglary tools, home invasion, home  repair
16        fraud,   aggravated   home  repair  fraud,  or  financial
17        exploitation of an elderly or disabled person  is  guilty
18        of  a  Class  4 felony.  When a person has any such prior
19        conviction, the information or indictment  charging  that
20        person  shall  state  the  prior conviction so as to give
21        notice of the State's intention to treat the charge as  a
22        felony.  The  fact  of  the  prior  conviction  is not an
23        element of the offense and may not be  disclosed  to  the
24        jury  during  trial  unless otherwise permitted by issues
25        properly raised during the trial.
26             (2)  Financial  identity  theft  of  credit,  money,
27        goods, services, or other property exceeding $300 and not
28        exceeding $2,000 in value is a Class 4 felony.
29             (3)  Financial  identity  theft  of  credit,  money,
30        goods, services, or other property exceeding  $2,000  and
31        not exceeding $10,000 in value is a Class 3 felony.
32             (4)  Financial  identity  theft  of  credit,  money,
33        goods,  services, or other property exceeding $10,000 and
34        not exceeding $100,000 in value is a Class 2 felony.
 
                            -5-              LRB9103429RCksam
 1             (5)  Financial  identity  theft  of  credit,  money,
 2        goods, services, or other property exceeding $100,000  in
 3        value is a Class 1 felony.

 4        (720 ILCS 5/16G-20 new)
 5        Sec. 16G-20.  Aggravated financial identity theft.
 6        (a)  A person commits the offense of aggravated financial
 7    identity  theft  when  he  or  she  commits  the  offense  of
 8    financial  identity  theft  as set forth in subsection (a) of
 9    Section 16G-15 against a person 60 years of age or older or a
10    disabled person as defined in Section 16-1.3 of this Code.
11        (b)  Knowledge shall be determined by  an  evaluation  of
12    all  circumstances  surrounding the use of the other person's
13    identifying information or document.
14        (c)  When a charge of aggravated financial identity theft
15    of  credit,  money,  goods,  services,  or   other   property
16    exceeding  a  specified  value  is  brought  the value of the
17    credit, money, goods,  services,  or  other  property  is  an
18    element of the offense to be resolved by the trier of fact as
19    either exceeding or not exceeding the specified value.
20        (d)  A  defense  to  aggravated  financial identity theft
21    does not exist merely because the accused reasonably believed
22    the victim to be a person less than 60 years of age.
23        (e)  Sentence.
24             (1)  Aggravated financial identity theft of  credit,
25        money,  goods,  services, or other property not exceeding
26        $300 in value is a Class 4 felony.
27             (2)  Aggravated financial identity theft of  credit,
28        money,  goods, services, or other property exceeding $300
29        and not exceeding $10,000 in value is a Class 3 felony.
30             (3)  Aggravated financial identity theft of  credit,
31        money,  goods,  services,  or  other  property  exceeding
32        $10,000 in value and not exceeding $100,000 in value is a
33        Class 2 felony.
 
                            -6-              LRB9103429RCksam
 1             (4)  Aggravated  financial identity theft of credit,
 2        money,  goods,  services,  or  other  property  exceeding
 3        $100,000 in value is a Class 1 felony.
 4             (5)  A person who has been previously  convicted  of
 5        aggravated  financial  identity  theft  regardless of the
 6        value of the property involved  who  is  convicted  of  a
 7        second  or  subsequent  offense  of  aggravated financial
 8        identity theft regardless of the value  of  the  property
 9        involved is guilty of a Class X felony.

10        (720 ILCS 5/16G-25 new)
11        Sec. 16G-25. Offenders interest in the property. It is no
12    defense to a charge of aggravated financial identity theft or
13    financial identity theft that the offender has an interest in
14    the   credit,  money,  goods,  services,  or  other  property
15    obtained in the name of the other person.

16        Section 99. Effective date.  This Act takes  effect  upon
17    becoming law.".

[ Top ]