Public Act 096-0243
Public Act 0243 96TH GENERAL ASSEMBLY
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Public Act 096-0243
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| HB0597 Enrolled |
LRB096 05768 RLC 15843 b |
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| 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-20 as follows:
| (720 ILCS 5/16G-20)
| Sec. 16G-20. Aggravated identity theft.
| (a) A person commits the offense of aggravated identity | theft
when he or she commits the offense of identity theft as | set forth
in subsection (a) of Section 16G-15: | (1) against a person 60 years
of age or older or a | disabled person as defined in Section 16-1.3 of this
Code; | or | (2) in furtherance of the activities of an organized | gang.
| For purposes of this Section, "organized gang" has the | meaning ascribed to that term in Section 10 of the Illinois | Streetgang Terrorism Omnibus Prevention Act.
| (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 aggravated 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) A defense to aggravated identity theft under paragraph | (a)(1) does not exist
merely
because the accused
reasonably | believed the victim to be a person less than 60 years of age.
| (e) Sentence.
| (1) Aggravated identity theft of credit, money, goods,
| services,
or other property not exceeding
$300 in value is | a Class 3 felony.
| (2) Aggravated identity theft of credit, money, goods,
| services,
or other property exceeding $300
and not | exceeding $10,000 in value is a Class 2 felony.
| (3) Aggravated identity theft of credit, money, goods,
| services,
or other property exceeding $10,000 in value and | not exceeding $100,000 in
value is a Class 1 felony.
| (4) Aggravated identity theft of credit, money, goods,
| services,
or other property exceeding
$100,000 in value is | a Class X felony.
| (4.1) Aggravated identity theft for a violation of any | offense enumerated in paragraphs (2) through (7) of | subsection (a) of Section 16G-15 of this Code is a Class 2 | felony. | (4.2) Aggravated identity theft when a person who, | within a 12 month period, is found in violation of any |
| offense enumerated in paragraphs (2) through (7) of | subsection (a) of Section 16G-15 with identifiers of, or | other information relating to, 3 or more separate | individuals, at the same time or consecutively, is a Class | 1 felony.
| (5) A person who has been previously convicted of | aggravated
identity theft regardless of the
value of the | property involved who is convicted of a second or | subsequent
offense of aggravated
identity theft regardless | of the value of the property involved is guilty of a
Class | X felony.
| (Source: P.A. 94-39, eff. 6-16-05; 95-199, eff. 8-16-07.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/11/2009
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