093_HB0354

                                     LRB093 06503 RLC 06628 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 16G-15 as follows:

 6        (720 ILCS 5/16G-15)
 7        Sec. 16G-15.  Financial identity theft.
 8        (a)  A person commits the offense of  financial  identity
 9    theft  when he or she knowingly uses any personal identifying
10    information or personal identification  document  of  another
11    person to fraudulently obtain credit, money, goods, services,
12    or other property.
13        (b)  Knowledge  shall  be  determined by an evaluation of
14    all circumstances surrounding the use of the  other  person's
15    identifying information or document.
16        (c)  When a charge of financial identity theft of credit,
17    money,   goods,  services,  or  other  property  exceeding  a
18    specified value is brought the value of  the  credit,  money,
19    goods,  services,  or  other  property  is  an element of the
20    offense to be  resolved  by  the  trier  of  fact  as  either
21    exceeding or not exceeding the specified value.
22        (d)  Sentence.
23             (1)  Financial  identity  theft  of  credit,  money,
24        goods,  services,  or other property not exceeding $2,000
25        $300 in value is a Class 4 felony A misdemeanor. A person
26        who has been previously convicted of  financial  identity
27        theft  of  less than $300 who is convicted of a second or
28        subsequent offense of financial identity  theft  of  less
29        than $300 is guilty of a Class 4 felony. A person who has
30        been  convicted  of financial identity theft of less than
31        $300 who has been previously convicted  of  any  type  of
 
                            -2-      LRB093 06503 RLC 06628 b
 1        theft,  robbery,  armed  robbery,  burglary,  residential
 2        burglary,  possession  of  burglary tools, home invasion,
 3        home repair  fraud,  aggravated  home  repair  fraud,  or
 4        financial  exploitation  of an elderly or disabled person
 5        is guilty of a Class 4 felony.  When  a  person  has  any
 6        such  prior  conviction,  the  information  or indictment
 7        charging that person shall state the prior conviction  so
 8        as  to  give notice of the State's intention to treat the
 9        charge as a felony. The fact of the prior  conviction  is
10        not an element of the offense and may not be disclosed to
11        the  jury  during  trial  unless  otherwise  permitted by
12        issues properly raised during the trial.
13             (2)  (Blank). Financial identity  theft  of  credit,
14        money,  goods, services, or other property exceeding $300
15        and not exceeding $2,000 in value is a Class 4 felony.
16             (3)  Financial  identity  theft  of  credit,  money,
17        goods, services, or other property exceeding  $2,000  and
18        not exceeding $10,000 in value is a Class 3 felony.
19             (4)  Financial  identity  theft  of  credit,  money,
20        goods,  services, or other property exceeding $10,000 and
21        not exceeding $100,000 in value is a Class 2 felony.
22             (5)  Financial  identity  theft  of  credit,  money,
23        goods, services, or other property exceeding $100,000  in
24        value is a Class 1 felony.
25    (Source: P.A. 91-517, eff. 8-13-99; 92-792, eff. 8-6-02.)

26        Section  99.  Effective date.  This Act takes effect upon
27    becoming law.