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Public Act 91-0517
SB109 Enrolled LRB9101139RCks
AN ACT to amend the Criminal Code of 1961 by adding
Article 16G.
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 Article 16G as follows:
(720 ILCS 5/Art. 16G heading new)
ARTICLE 16G
FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW
(720 ILCS 5/16G-1 new)
Sec. 16G-1. Short title. This Article may be cited as the
Financial Identity Theft and Asset Forfeiture Law.
(720 ILCS 5/16G-5 new)
Sec. 16G-5. Legislative declaration.
(a) It is the public policy of this State that the
substantial burden placed upon the economy of this State as a
result of the rising incidence of financial identity theft
and the negative effect of this crime on the People of this
State and its victims is a matter of grave concern to the
People of this State who have the right to be protected in
their health, safety, and welfare from the effects of this
crime, and therefore financial identity theft shall be
identified and dealt with swiftly and appropriately
considering the onerous nature of the crime.
(b) The widespread availability and unauthorized access
to personal identification information have led and will lead
to a substantial increase in identity theft related crimes.
(720 ILCS 5/16G-10 new)
Sec. 16G-10. Definitions. In this Article unless the
context otherwise requires:
(a) "Personal identification document" means a birth
certificate, a drivers license, a State identification card,
a public, government, or private employment identification
card, a social security card, a firearm owner's
identification card, a credit card, a debit card, or a
passport issued to or on behalf of a person other than the
offender, or any such document made or altered in a manner
that it purports to have been made on behalf of or issued to
another person or by the authority of one who did not give
that authority.
(b) "Personal identifying information" means any of the
following information:
(1) A person's name;
(2) A person's address;
(3) A person's telephone number;
(4) A person's drivers license number or State of
Illinois identification card as assigned by the Secretary
of State of the State of Illinois or a similar agency of
another state;
(5) A person's Social Security number;
(6) A person's public, private, or government
employer, place of employment, or employment
identification number;
(7) The maiden name of a person's mother;
(8) The number assigned to a person's depository
account, savings account, or brokerage account;
(9) The number assigned to a person's credit or
debit card, commonly known as a "Visa Card", "Master
Card", "American Express Card", "Discover Card", or other
similar cards whether issued by a financial institution,
corporation, or business entity;
(10) Personal identification numbers;
(11) Electronic identification numbers;
(12) Digital signals;
(13) Any other numbers or information which can be
used to access a person's financial resources.
(720 ILCS 5/16G-15 new)
Sec. 16G-15. Financial identity theft.
(a) A person commits the offense of financial identity
theft when he or she knowingly uses any personal identifying
information or personal identification document of another
person to fraudulently obtain credit, money, goods, services,
or other property in the name of the other 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 financial 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) Financial identity theft of credit, money,
goods, services, or other property not exceeding $300 in
value is a Class A misdemeanor. A person who has been
previously convicted of financial identity theft of less
than $300 who is convicted of a second or subsequent
offense of financial identity theft of less than $300 is
guilty of a Class 4 felony. A person who has been
convicted of financial 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 4 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
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.
(2) Financial identity theft of credit, money,
goods, services, or other property exceeding $300 and not
exceeding $2,000 in value is a Class 4 felony.
(3) Financial identity theft of credit, money,
goods, services, or other property exceeding $2,000 and
not exceeding $10,000 in value is a Class 3 felony.
(4) Financial identity theft of credit, money,
goods, services, or other property exceeding $10,000 and
not exceeding $100,000 in value is a Class 2 felony.
(5) Financial identity theft of credit, money,
goods, services, or other property exceeding $100,000 in
value is a Class 1 felony.
(720 ILCS 5/16G-20 new)
Sec. 16G-20. Aggravated financial identity theft.
(a) A person commits the offense of aggravated financial
identity theft when he or she commits the offense of
financial identity theft as set forth in subsection (a) of
Section 16G-15 against a person 60 years of age or older or a
disabled person as defined in Section 16-1.3 of this Code.
(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 financial 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 financial identity theft
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 financial identity theft of credit,
money, goods, services, or other property not exceeding
$300 in value is a Class 4 felony.
(2) Aggravated financial identity theft of credit,
money, goods, services, or other property exceeding $300
and not exceeding $10,000 in value is a Class 3 felony.
(3) Aggravated financial 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 2 felony.
(4) Aggravated financial identity theft of credit,
money, goods, services, or other property exceeding
$100,000 in value is a Class 1 felony.
(5) A person who has been previously convicted of
aggravated financial identity theft regardless of the
value of the property involved who is convicted of a
second or subsequent offense of aggravated financial
identity theft regardless of the value of the property
involved is guilty of a Class X felony.
(720 ILCS 5/16G-25 new)
Sec. 16G-25. Offenders interest in the property. It is no
defense to a charge of aggravated financial identity theft or
financial identity theft that the offender has an interest in
the credit, money, goods, services, or other property
obtained in the name of the other person.
Section 99. Effective date. This Act takes effect upon
becoming law.
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