Illinois General Assembly - Bill Status for HB4438
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 Bill Status of HB4438  102nd General Assembly


Short Description:  CRIM CD-PERSONAL INFO

House Sponsors
Rep. Harry R. Ramey, Jr. - Careen M Gordon - Dan Brady - Randall M. Hultgren - James H. Meyer, Ruth Munson, Jack D. Franks, Linda Chapa LaVia, Elaine Nekritz, Thomas Holbrook, Elizabeth Coulson, Sandra M. Pihos, Daniel V. Beiser, Naomi D. Jakobsson, Esther Golar and Charles E. Jefferson

Senate Sponsors
(Sen. Don Harmon - Kirk W. Dillard and Ira I. Silverstein)

Last Action
DateChamber Action
  6/30/2006HousePublic Act . . . . . . . . . 94-0969

Statutes Amended In Order of Appearance
720 ILCS 5/16G-13 new
720 ILCS 5/16G-21
720 ILCS 5/33-3from Ch. 38, par. 33-3


Synopsis As Introduced
Amends the Criminal Code of 1961. Creates the offense of facilitating identity theft. Provides that a person commits the offense when he or she is an employee of the State of Illinois who in the course of his or her official duties has access to personal identifying information of another person, whether written, recorded, or on computer disk and disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. Provides for civil remedies. Provides that such violation is official misconduct. Provides that a violation is a Class 3 felony.

House Committee Amendment No. 1
Provides that in order for a person to be guilty of facilitating identity theft, the person must have knowingly disposed of the written, recorded, or computerized personal identifying information.

House Committee Amendment No. 2
Deletes reference to:
720 ILCS 5/33-3
Adds reference to:
720 ILCS 5/16H-1

Deletes everything after the enacting clause. Amends the Criminal Code of 1961. Reinserts the provisions of the bill, as amended, with these changes: (1) changes the penalties for facilitating identity theft from a Class 3 felony to a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense; (2) provides that in order to commit the offense the offender must have the intent of committing identity theft, aggravated identity theft, or a violation of the Illinois Financial Crime Law; (3) deletes the amendatory changes to the statute concerning official misconduct; and (4) changes the title of Article 16H of the Criminal Code of 1961 from the Illinois Financial Crime Act to the Illinois Financial Crime Law.

Senate Committee Amendment No. 1
In provisions setting forth the elements of the offense of facilitating identity theft, provides that the information disposed by the State employee must be personal information as defined in the Personal Information Protection Act (rather than personal identifying information as defined in the Identity Theft Law of the Criminal Code of 1961).

Senate Floor Amendment No. 2
Provides that the offense of facilitating identity theft may be committed by a person who, in the course of his or her employment or official duties, has access to the personal information of another person in possession of the State of Illinois (rather than just by an employee of the State of Illinois who, in the course of his or her official duties, has access to the personal information).

Actions 
DateChamber Action
  1/9/2006HouseFiled with the Clerk by Rep. Harry R. Ramey, Jr.
  1/10/2006HouseFirst Reading
  1/10/2006HouseReferred to Rules Committee
  1/18/2006HouseAssigned to Judiciary II - Criminal Law Committee
  1/26/2006HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  1/26/2006HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  2/1/2006HouseRemains in Judiciary II - Criminal Law Committee
  2/1/2006HouseHouse Committee Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee
  2/1/2006HouseHouse Committee Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  2/1/2006HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-003-001
  2/1/2006HousePlaced on Calendar 2nd Reading - Short Debate
  2/7/2006HouseAdded Chief Co-Sponsor Rep. Careen M Gordon
  2/7/2006HouseAdded Chief Co-Sponsor Rep. Dan Brady
  2/16/2006HouseSecond Reading - Short Debate
  2/16/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/21/2006HouseAdded Chief Co-Sponsor Rep. Randall M. Hultgren
  2/21/2006HouseRemoved from Short Debate Status Rep. Harry R. Ramey, Jr.
  2/21/2006HouseCalendar Order of 3rd Reading - Standard Debate
  2/21/2006HouseAdded Chief Co-Sponsor Rep. James H. Meyer
  2/21/2006HouseAdded Co-Sponsor Rep. Ruth Munson
  2/21/2006HouseAdded Co-Sponsor Rep. Jack D. Franks
  2/21/2006HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  2/21/2006HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/21/2006HouseAdded Co-Sponsor Rep. Thomas Holbrook
  2/21/2006HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/21/2006HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  2/21/2006HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  2/21/2006HouseThird Reading - Standard Debate - Passed 113-000-000
  2/22/2006SenateArrive in Senate
  2/22/2006SenatePlaced on Calendar Order of First Reading February 23, 2006
  2/24/2006SenateChief Senate Sponsor Sen. Don Harmon
  2/27/2006SenateFirst Reading
  2/27/2006SenateReferred to Rules
  3/1/2006HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/1/2006SenateAssigned to Judiciary
  3/8/2006SenateHeld in Judiciary
  3/8/2006SenateAdded as Alternate Chief Co-Sponsor Sen. Kirk W. Dillard
  3/14/2006SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  3/14/2006SenateSenate Committee Amendment No. 1 Referred to Rules
  3/14/2006SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/15/2006SenateSenate Committee Amendment No. 1 Held in Judiciary
  3/15/2006SenateHeld in Judiciary
  3/23/2006SenateSenate Committee Amendment No. 1 Adopted
  3/24/2006SenateDo Pass as Amended Judiciary; 009-000-000
  3/24/2006SenatePlaced on Calendar Order of 2nd Reading March 27, 2006
  3/27/2006SenateSecond Reading
  3/27/2006SenatePlaced on Calendar Order of 3rd Reading March 28, 2006
  3/28/2006SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  3/28/2006SenateSenate Floor Amendment No. 2 Referred to Rules
  3/28/2006SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  3/28/2006HouseAdded Co-Sponsor Rep. Esther Golar
  3/28/2006HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  3/29/2006SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  3/29/2006SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 008-000-000
  3/30/2006SenateRecalled to Second Reading
  3/30/2006SenateSenate Floor Amendment No. 2 Adopted; Harmon
  3/30/2006SenatePlaced on Calendar Order of 3rd Reading
  3/30/2006SenateThird Reading - Passed; 057-000-000
  3/30/2006HouseArrived in House
  3/30/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2
  4/3/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Harry R. Ramey, Jr.
  4/3/2006HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Harry R. Ramey, Jr.
  4/3/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  4/3/2006HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  4/4/2006HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  4/4/2006HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  4/5/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  4/5/2006HouseSenate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Judiciary II - Criminal Law Committee; 014-000-000
  4/7/2006HouseSenate Committee Amendment No. 1 House Concurs 114-000-000
  4/7/2006HouseSenate Floor Amendment No. 2 House Concurs 114-000-000
  4/7/2006HousePassed Both Houses
  5/4/2006HouseSent to the Governor
  6/30/2006HouseGovernor Approved
  6/30/2006HouseEffective Date January 1, 2007
  6/30/2006HousePublic Act . . . . . . . . . 94-0969

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