95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0449

 

Introduced 1/26/2007, by Rep. Jil Tracy - Ed Sullivan, Jr. - Sandy Cole - Ruth Munson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16G-20

    Amends the Criminal Code of 1961. In the offense of aggravated identity theft, includes identity theft committed in furtherance of the activities of an organized gang. Effective immediately.


LRB095 04094 RLC 24132 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0449 LRB095 04094 RLC 24132 b

1     AN ACT concerning 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 changing
5 Section 16G-20 as follows:
 
6     (720 ILCS 5/16G-20)
7     Sec. 16G-20. Aggravated identity theft.
8     (a) A person commits the offense of aggravated identity
9 theft when he or she commits the offense of identity theft as
10 set forth in subsection (a) of Section 16G-15:
11         (1) against a person 60 years of age or older or a
12     disabled person as defined in Section 16-1.3 of this Code;
13     or
14         (2) in furtherance of the activities of an organized
15     gang.
16     For purposes of this Section, "organized gang" has the
17 meaning ascribed to that term in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19     (b) Knowledge shall be determined by an evaluation of all
20 circumstances surrounding the use of the other person's
21 identifying information or document.
22     (c) When a charge of aggravated identity theft of credit,
23 money, goods, services, or other property exceeding a specified

 

 

HB0449 - 2 - LRB095 04094 RLC 24132 b

1 value is brought the value of the credit, money, goods,
2 services, or other property is an element of the offense to be
3 resolved by the trier of fact as either exceeding or not
4 exceeding the specified value.
5     (d) A defense to aggravated identity theft under paragraph
6 (a)(1) does not exist merely because the accused reasonably
7 believed the victim to be a person less than 60 years of age.
8     (e) Sentence.
9         (1) Aggravated identity theft of credit, money, goods,
10     services, or other property not exceeding $300 in value is
11     a Class 3 felony.
12         (2) Aggravated identity theft of credit, money, goods,
13     services, or other property exceeding $300 and not
14     exceeding $10,000 in value is a Class 2 felony.
15         (3) Aggravated identity theft of credit, money, goods,
16     services, or other property exceeding $10,000 in value and
17     not exceeding $100,000 in value is a Class 1 felony.
18         (4) Aggravated identity theft of credit, money, goods,
19     services, or other property exceeding $100,000 in value is
20     a Class X felony.
21         (5) A person who has been previously convicted of
22     aggravated identity theft regardless of the value of the
23     property involved who is convicted of a second or
24     subsequent offense of aggravated identity theft regardless
25     of the value of the property involved is guilty of a Class
26     X felony.

 

 

HB0449 - 3 - LRB095 04094 RLC 24132 b

1 (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.