Full Text of HB4297 94th General Assembly
HB4297eng 94TH GENERAL ASSEMBLY
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HB4297 Engrossed |
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LRB094 15753 RLC 50966 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16G-15 as follows:
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| (720 ILCS 5/16G-15)
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| Sec. 16G-15. Identity theft.
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| (a) A person commits the offense of identity theft when he | 9 |
| or
she
knowingly:
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| (1) uses any personal
identifying information or | 11 |
| personal identification document of another
person to | 12 |
| fraudulently obtain credit, money, goods, services, or | 13 |
| other
property, or
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| (2) uses any personal identification information or | 15 |
| personal
identification document of another with intent to | 16 |
| commit any felony theft
or other felony violation of State | 17 |
| law not set forth in
paragraph (1) of this subsection (a), | 18 |
| or
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| (3) obtains, records, possesses, sells, transfers, | 20 |
| purchases, or
manufactures any personal identification | 21 |
| information or personal
identification document of another | 22 |
| with intent to commit or to aid or abet
another in | 23 |
| committing any felony theft or other felony violation of
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| State law, or
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| (4) uses, obtains, records, possesses, sells, | 26 |
| transfers, purchases,
or manufactures any personal | 27 |
| identification information or
personal identification | 28 |
| document of another knowing that such
personal | 29 |
| identification information or personal identification
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| documents were stolen or produced without lawful | 31 |
| authority, or
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| (5) uses, transfers, or possesses document-making |
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HB4297 Engrossed |
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LRB094 15753 RLC 50966 b |
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| implements to
produce false identification or false | 2 |
| documents with knowledge that
they will be used by the | 3 |
| person or another to commit any felony theft or other
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| felony violation of State law.
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| (b) Knowledge shall be determined by an evaluation of all | 6 |
| circumstances
surrounding the use of the other
person's | 7 |
| identifying information or document.
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| (c) When a charge of identity theft of credit, money, | 9 |
| goods,
services, or other property
exceeding a specified value | 10 |
| is brought the value of the credit, money, goods,
services, or | 11 |
| other property is
an element of the offense to be resolved by | 12 |
| the trier of fact as either
exceeding or not exceeding the
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| specified value.
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| (d) Sentence.
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| (1) A person convicted of identity theft in violation | 16 |
| of paragraph (1)
of subsection (a) shall be sentenced as | 17 |
| follows:
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| (A) identity theft of credit, money, goods, | 19 |
| services, or
other
property not exceeding $300 in
value | 20 |
| is a Class 4 felony. A person who has been previously | 21 |
| convicted of
identity theft of
less than $300 who is | 22 |
| convicted of a second or subsequent offense of
identity | 23 |
| theft of less than
$300 is guilty of a Class 3 felony. | 24 |
| A person who has been convicted of identity
theft of | 25 |
| less than
$300 who has been previously convicted of any | 26 |
| type of theft, robbery, armed
robbery, burglary, | 27 |
| residential
burglary, possession of burglary tools, | 28 |
| home invasion, home repair fraud,
aggravated home | 29 |
| repair fraud, or
financial exploitation of an elderly | 30 |
| or disabled person is guilty of a Class 3
felony. When | 31 |
| a person has any
such prior conviction, the information | 32 |
| or indictment charging that person shall
state the | 33 |
| prior conviction so
as to give notice of the State's | 34 |
| intention to treat the charge as a Class 3 felony. The
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| fact of the prior conviction is
not an element of the | 36 |
| offense and may not be disclosed to the jury during |
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HB4297 Engrossed |
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LRB094 15753 RLC 50966 b |
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| trial
unless otherwise permitted
by issues properly | 2 |
| raised during the trial.
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| (B) Identity theft of credit, money, goods,
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| services, or other
property exceeding $300 and not
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| exceeding $2,000 in value is a Class 3 felony.
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| (C) Identity theft of credit, money, goods,
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| services, or other
property exceeding $2,000 and not
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| exceeding $10,000 in value is a Class 2 felony.
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| (D) Identity theft of credit, money, goods,
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| services, or other
property exceeding $10,000 and
not | 11 |
| exceeding $100,000 in value is a Class 1 felony.
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| (E) Identity theft of credit, money, goods,
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| services, or
other property exceeding $100,000 in
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| value is a Class X felony.
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| (2) A person convicted of any offense enumerated in | 16 |
| paragraphs
(2) through (5) of subsection (a) is guilty of a | 17 |
| Class 3 felony.
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| (3) A person convicted of any offense enumerated in | 19 |
| paragraphs
(2) through (5) of subsection (a) a second or | 20 |
| subsequent time is
guilty of a Class 2 felony.
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| (4) A person who, within a 12 month period, is found in | 22 |
| violation
of any offense enumerated in paragraphs (2) | 23 |
| through (5) of
subsection (a) with respect to the | 24 |
| identifiers of 3 or more
separate individuals, at the same | 25 |
| time or consecutively, is guilty
of a Class 2 felony.
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| (5) A person convicted of identity theft in violation | 27 |
| of paragraph (2) of subsection (a) who uses any personal | 28 |
| identification information or personal
identification | 29 |
| document of another to purchase methamphetamine | 30 |
| manufacturing material as defined in Section 10 of the | 31 |
| Methamphetamine Control and Community Protection Act with | 32 |
| the intent to unlawfully manufacture methamphetamine is | 33 |
| guilty of a Class 2 felony for a first offense and a Class | 34 |
| 1 felony for a second or subsequent offense.
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| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
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