Public Act 095-0060
 
HB1236 Enrolled LRB095 04639 RLC 24697 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 16G-15 as follows:
 
    (720 ILCS 5/16G-15)
    Sec. 16G-15. Identity theft.
    (a) A person commits the offense of identity theft when he
or she knowingly:
        (1) uses any personal identifying information or
    personal identification document of another person to
    fraudulently obtain credit, money, goods, services, or
    other property, or
        (2) uses any personal identification information or
    personal identification document of another with intent to
    commit any felony theft or other felony violation of State
    law not set forth in paragraph (1) of this subsection (a),
    or
        (3) obtains, records, possesses, sells, transfers,
    purchases, or manufactures any personal identification
    information or personal identification document of another
    with intent to commit or to aid or abet another in
    committing any felony theft or other felony violation of
    State law, or
        (4) uses, obtains, records, possesses, sells,
    transfers, purchases, or manufactures any personal
    identification information or personal identification
    document of another knowing that such personal
    identification information or personal identification
    documents were stolen or produced without lawful
    authority, or
        (5) uses, transfers, or possesses document-making
    implements to produce false identification or false
    documents with knowledge that they will be used by the
    person or another to commit any felony theft or other
    felony violation of State law, or
        (6) uses any personal identification information or
    personal identification document of another to portray
    himself or herself as that person, or otherwise, for the
    purpose of gaining access to any personal identification
    information or personal identification document of that
    person, without the prior express permission of that
    person, or
        (7) uses any personal identification information or
    personal identification document of another for the
    purpose of gaining access to any record of the actions
    taken, communications made or received, or other
    activities or transactions of that person, without the
    prior express permission of that person.
    (b) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
    (c) When a charge of identity theft of credit, money,
goods, services, or other property exceeding a specified value
is brought the value of the credit, money, goods, services, or
other property is an element of the offense to be resolved by
the trier of fact as either exceeding or not exceeding the
specified value.
    (d) Sentence.
        (1) A person convicted of identity theft in violation
    of paragraph (1) of subsection (a) shall be sentenced as
    follows:
            (A) Identity identity theft of credit, money,
        goods, services, or other property not exceeding $300
        in value is a Class 4 felony. A person who has been
        previously convicted of identity theft of less than
        $300 who is convicted of a second or subsequent offense
        of identity theft of less than $300 is guilty of a
        Class 3 felony. A person who has been convicted of
        identity theft of less than $300 who has been
        previously convicted of any type of theft, robbery,
        armed robbery, burglary, residential burglary,
        possession of burglary tools, home invasion, home
        repair fraud, aggravated home repair fraud, or
        financial exploitation of an elderly or disabled
        person is guilty of a Class 3 felony. Identity theft of
        credit, money, goods, services, or other property not
        exceeding $300 in value when the victim of the identity
        theft is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        3 felony. A person who has been previously convicted of
        identity theft of less than $300 who is convicted of a
        second or subsequent offense of identity theft of less
        than $300 when the victim of the identity theft is an
        active duty member of the Armed Services or Reserve
        Forces of the United States or of the Illinois National
        Guard serving in a foreign country is guilty of a Class
        2 felony. A person who has been convicted of identity
        theft of less than $300 when the victim of the identity
        theft is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country who has
        been previously convicted of any type of theft,
        robbery, armed robbery, burglary, residential
        burglary, possession of burglary tools, home invasion,
        home repair fraud, aggravated home repair fraud, or
        financial exploitation of an elderly or disabled
        person is guilty of a Class 2 felony. When a person has
        any such prior conviction, the information or
        indictment charging that person shall state the prior
        conviction so as to give notice of the State's
        intention to treat the charge as a Class 3 felony. The
        fact of the prior conviction is not an element of the
        offense and may not be disclosed to the jury during
        trial unless otherwise permitted by issues properly
        raised during the trial.
            (B) Identity theft of credit, money, goods,
        services, or other property exceeding $300 and not
        exceeding $2,000 in value is a Class 3 felony. Identity
        theft of credit, money, goods, services, or other
        property exceeding $300 and not exceeding $2,000 in
        value when the victim of the identity theft is an
        active duty member of the Armed Services or Reserve
        Forces of the United States or of the Illinois National
        Guard serving in a foreign country is a Class 2 felony.
            (C) Identity theft of credit, money, goods,
        services, or other property exceeding $2,000 and not
        exceeding $10,000 in value is a Class 2 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $2,000 and not exceeding
        $10,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        1 felony.
            (D) Identity theft of credit, money, goods,
        services, or other property exceeding $10,000 and not
        exceeding $100,000 in value is a Class 1 felony.
        Identity theft of credit, money, goods, services, or
        other property exceeding $10,000 and not exceeding
        $100,000 in value when the victim of the identity theft
        is an active duty member of the Armed Services or
        Reserve Forces of the United States or of the Illinois
        National Guard serving in a foreign country is a Class
        X felony.
            (E) Identity theft of credit, money, goods,
        services, or other property exceeding $100,000 in
        value is a Class X felony.
        (2) A person convicted of any offense enumerated in
    paragraphs (2) through (7) of subsection (a) is guilty of a
    Class 3 felony. A person convicted of any offense
    enumerated in paragraphs (2) through (7) of subsection (a)
    when the victim of the identity theft is an active duty
    member of the Armed Services or Reserve Forces of the
    United States or of the Illinois National Guard serving in
    a foreign country is guilty of a Class 2 felony.
        (3) A person convicted of any offense enumerated in
    paragraphs (2) through (5) of subsection (a) a second or
    subsequent time is guilty of a Class 2 felony. A person
    convicted of any offense enumerated in paragraphs (2)
    through (5) of subsection (a) a second or subsequent time
    when the victim of the identity theft is an active duty
    member of the Armed Services or Reserve Forces of the
    United States or of the Illinois National Guard serving in
    a foreign country is guilty of a Class 1 felony.
        (4) A person who, within a 12 month period, is found in
    violation of any offense enumerated in paragraphs (2)
    through (7) of subsection (a) with respect to the
    identifiers of, or other information relating to, 3 or more
    separate individuals, at the same time or consecutively, is
    guilty of a Class 2 felony. A person who, within a 12 month
    period, is found in violation of any offense enumerated in
    paragraphs (2) through (7) of subsection (a) with respect
    to the identifiers of, or other information relating to, 3
    or more separate individuals, at the same time or
    consecutively, when the victim of the identity theft is an
    active duty member of the Armed Services or Reserve Forces
    of the United States or of the Illinois National Guard
    serving in a foreign country is guilty of a Class 1 felony.
        (5) A person convicted of identity theft in violation
    of paragraph (2) of subsection (a) who uses any personal
    identification information or personal identification
    document of another to purchase methamphetamine
    manufacturing material as defined in Section 10 of the
    Methamphetamine Control and Community Protection Act with
    the intent to unlawfully manufacture methamphetamine is
    guilty of a Class 2 felony for a first offense and a Class
    1 felony for a second or subsequent offense. A person
    convicted of identity theft in violation of paragraph (2)
    of subsection (a) who uses any personal identification
    information or personal identification document of another
    to purchase methamphetamine manufacturing material as
    defined in Section 10 of the Methamphetamine Control and
    Community Protection Act with the intent to unlawfully
    manufacture methamphetamine when the victim of the
    identity theft is an active duty member of the Armed
    Services or Reserve Forces of the United States or of the
    Illinois National Guard serving in a foreign country is
    guilty of a Class 1 felony for a first offense and a Class
    X felony for a second or subsequent offense.
(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05;
94-827, eff. 1-1-07; 94-1008, eff. 7-5-06; revised 8-3-06.)

Effective Date: 1/1/2008