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Public Act 093-0195


 

Public Act 93-0195 of the 93rd General Assembly


Public Act 93-0195

HB2188 Enrolled                     LRB093 08131 RLC 08336 b

    AN ACT in relation to identity theft.

    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 adding
Section 16G-30 as follows:

    (720 ILCS 5/16G-30 new)
    Sec. 16G-30. Mandating law enforcement agencies to accept
and provide reports; judicial factual determination.
    (a)  A person who has learned or reasonably suspects that
his   or   her  personal  identifying  information  has  been
unlawfully used by another may  initiate  a  law  enforcement
investigation  by contacting the local law enforcement agency
that has jurisdiction over his or her actual residence, which
shall take  a  police  report  of  the  matter,  provide  the
complainant  with  a  copy  of  that  report,  and  begin  an
investigation  of  the  facts  or, if the suspected crime was
committed in a different jurisdiction, refer  the  matter  to
the  law  enforcement  agency  where  the suspected crime was
committed for an investigation of the facts.
    (b)  A person who reasonably believes that he or  she  is
the  victim of financial identity theft may petition a court,
or the court, on its own motion or upon  application  of  the
prosecuting  attorney,  may  move  for  an expedited judicial
determination of his or  her  factual  innocence,  where  the
perpetrator of the financial identity theft was arrested for,
cited  for,  or  convicted  of  a  crime  under  the victim's
identity, or  where  a  criminal  complaint  has  been  filed
against  the  perpetrator  in the victim's name, or where the
victim's identity  has  been  mistakenly  associated  with  a
criminal  conviction.  Any  judicial determination of factual
innocence made pursuant to this subsection (b) may  be  heard
and determined upon declarations, affidavits, police reports,
or   other   material,  relevant,  and  reliable  information
submitted by the parties or ordered to be part of the  record
by  the  court.  If the court determines that the petition or
motion is meritorious and that there is no  reasonable  cause
to  believe  that  the victim committed the offense for which
the perpetrator of the identity theft  was  arrested,  cited,
convicted, or subject to a criminal complaint in the victim's
name,  or  that  the  victim's  identity  has been mistakenly
associated with a record of criminal  conviction,  the  court
shall  find the victim factually innocent of that offense. If
the victim is found factually innocent, the court shall issue
an order certifying this determination.
    (c)  After a court has issued a determination of  factual
innocence  under  this  Section, the court may order the name
and associated personal identifying information contained  in
the  court  records,  files,  and  indexes  accessible by the
public sealed, deleted, or labeled to show that the  data  is
impersonated and does not reflect the defendant's identity.
    (d)  A  court  that has issued a determination of factual
innocence under this Section may  at  any  time  vacate  that
determination  if  the petition, or any information submitted
in support of the petition, is found to contain any  material
misrepresentation or fraud.

    Section  10.  The  Consumer  Fraud and Deceptive Business
Practices Act is  amended by adding Section 2MM as follows:

    (815 ILCS 505/2MM new)
    Sec. 2MM. Verification of accuracy  of  credit  reporting
information used to  extend consumers credit.
    (a)  A   credit   card  issuer  who  mails  an  offer  or
solicitation to apply for a credit card and  who  receives  a
completed   application   in   response   to   the  offer  or
solicitation which lists an address that is not substantially
the same as the address on the offer or solicitation may  not
issue   a   credit  card  based  on  that  application  until
reasonable steps have been taken to  verify  the  applicant's
change of address.
    (b)  Any  person  who  uses  a  consumer credit report in
connection  with  the    approval  of  credit  based  on  the
application for an extension of credit, and who has  received
notification  of  a  police  report  filed  with  a  consumer
reporting  agency  that  the  applicant  has been a victim of
financial  identity theft, as defined in  Section  16G-15  of
the  Criminal  Code  of  1961,  may  not lend money or extend
credit  without  taking  reasonable  steps  to   verify   the
consumer's  identity  and confirm that the application for an
extension of credit is not the result of  financial  identity
theft.
    (c)  For  purposes of this Section, "extension of credit"
does not include an increase in an existing  open-end  credit
plan,  as  defined  in  Regulation  Z  of the Federal Reserve
System (12 C.F.R. 226.2), or any change to or  review  of  an
existing credit account.
    (d)  Any person who violates subsection (a) or subsection
(b)  commits  an unlawful practice within the meaning of this
Act.

Effective Date: 01/01/04