State of Illinois
92nd General Assembly
Legislation

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92_HB5636eng

 
HB5636 Engrossed                               LRB9215613RCcd

 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  the  heading  of  Article  16G  and Sections 16G-1,
 6    16G-5, 16G-10, 16G-15, 16G-20, and 16G-25 as follows:

 7        (720 ILCS 5/Article 16G heading)
 8                ARTICLE 16G FINANCIAL IDENTITY THEFT
 9                      AND ASSET FORFEITURE LAW

10        (720 ILCS 5/16G-1)
11        Sec. 16G-1. Short title. This Article may be cited as the
12    Financial Identity Theft and Asset Forfeiture Law.
13    (Source: P.A. 91-517, eff. 8-13-99.)

14        (720 ILCS 5/16G-5)
15        Sec. 16G-5.  Legislative declaration.
16        (a)  It is the public  policy  of  this  State  that  the
17    substantial burden placed upon the economy of this State as a
18    result  of  the  rising incidence of financial identity theft
19    and the negative effect of this crime on the People  of  this
20    State  and  its  victims  is a matter of grave concern to the
21    People of this State who have the right to  be  protected  in
22    their  health,  safety,  and welfare from the effects of this
23    crime,  and  therefore  financial  identity  theft  shall  be
24    identified  and  dealt   with   swiftly   and   appropriately
25    considering the onerous nature of the crime.
26        (b)  The  widespread availability and unauthorized access
27    to personal identification information have led and will lead
28    to a substantial increase in identity theft related crimes.
29    (Source: P.A. 91-517, eff. 8-13-99.)
 
HB5636 Engrossed            -2-                LRB9215613RCcd
 1        (720 ILCS 5/16G-10)
 2        Sec. 16G-10. Definitions.  In  this  Article  unless  the
 3    context otherwise requires:
 4        (a)  "Personal  identification  document"  means  a birth
 5    certificate, a drivers license, a State identification  card,
 6    a  public,  government,  or private employment identification
 7    card,   a   social   security   card,   a   firearm   owner's
 8    identification card, a  credit  card,  a  debit  card,  or  a
 9    passport  issued  to  or on behalf of a person other than the
10    offender,  or  any  document  made  or  issued,  or   falsely
11    purported  to  have  been  made  or  issued,  by or under the
12    authority of the  United  States  Government,  the  State  of
13    Illinois,  or  any  other  State political subdivision of any
14    state,  or  any  other  governmental  or   quasi-governmental
15    organization  that  is  of a type intended for the purpose of
16    identification of an individual, or any such document made or
17    altered in a manner that it falsely  purports  to  have  been
18    made  on  behalf  of  or  issued  to another person or by the
19    authority of one who did not give that authority.
20        (b)  "Personal identifying information" means any of  the
21    following information:
22             (1)  A person's name;
23             (2)  A person's address;
24             (3)  A person's telephone number;
25             (4)  A  person's  drivers license number or State of
26        Illinois identification card as assigned by the Secretary
27        of State of the State of Illinois or a similar agency  of
28        another state;
29             (5)  A person's Social Security number;
30             (6)  A   person's  public,  private,  or  government
31        employer,   place   of    employment,    or    employment
32        identification number;
33             (7)  The maiden name of a person's mother;
34             (8)  The  number  assigned  to a person's depository
 
HB5636 Engrossed            -3-                LRB9215613RCcd
 1        account, savings account, or brokerage account;
 2             (9)  The number assigned to  a  person's  credit  or
 3        debit  card,  commonly  known  as  a "Visa Card", "Master
 4        Card", "American Express Card", "Discover Card", or other
 5        similar cards whether issued by a financial  institution,
 6        corporation, or business entity;
 7             (10)  Personal identification numbers;
 8             (11)  Electronic identification numbers;
 9             (12)  Digital signals;
10             (13)  Any  other numbers or information which can be
11        used to access a  person's  financial  resources,  or  to
12        identify a specific individual.
13        (c)  "Document-making  implement"  means  any  implement,
14    impression,   template,   computer   file,   computer   disc,
15    electronic  device,  computer  hardware,  computer  software,
16    instrument,  or  device  that  is  used  to  make  a  real or
17    fictitious or fraudulent personal identification document.
18    (Source: P.A. 91-517, eff. 8-13-99.)

19        (720 ILCS 5/16G-15)
20        Sec. 16G-15.  Financial Identity theft.
21        (a)  A person commits the offense of  financial  identity
22    theft when he or she knowingly:
23             (1)  uses  any  personal  identifying information or
24        personal identification document  of  another  person  to
25        fraudulently  obtain  credit,  money, goods, services, or
26        other property, or in the name of the other person.
27             (2)  uses any personal identification information or
28        personal identification document of another  with  intent
29        to  commit any theft or felony violation of State law not
30        set forth in paragraph (1) of this subsection (a), or
31             (3)  obtains, records, possesses, sells,  transfers,
32        purchases,  or  manufactures  any personal identification
33        information  or  personal  identification  document  with
 
HB5636 Engrossed            -4-                LRB9215613RCcd
 1        intent to commit or to aid or abet another in  committing
 2        any theft or felony violation of State law, or
 3             (4)  uses,   obtains,   records,  possesses,  sells,
 4        transfers,  purchases,  or  manufactures   any   personal
 5        identification  information  or  personal  identification
 6        document   of   another   knowing   that   such  personal
 7        identification  information  or  personal  identification
 8        documents  were  stolen  or   produced   without   lawful
 9        authority, or
10             (5)  uses,  transfers,  or possesses document-making
11        implements  to  produce  false  identification  or  false
12        documents with knowledge that they will be  used  by  the
13        person or another to commit any theft or felony violation
14        of State law.
15        (b)  Knowledge  shall  be  determined by an evaluation of
16    all circumstances surrounding the use of the  other  person's
17    identifying information or document.
18        (c)  When a charge of financial identity theft of credit,
19    money,   goods,  services,  or  other  property  exceeding  a
20    specified value is brought the value of  the  credit,  money,
21    goods,  services,  or  other  property  is  an element of the
22    offense to be  resolved  by  the  trier  of  fact  as  either
23    exceeding or not exceeding the specified value.
24        (d)  Sentence.
25               (1)  A  person  convicted  of  identity  theft  in
26        violation  of  paragraph  (1)  of subsection (a) shall be
27        sentenced as follows:
28                  (A)  Financial Identity theft of credit, money,
29             goods, services, or  other  property  not  exceeding
30             $300 in value is a Class A misdemeanor. A person who
31             has  been previously convicted of financial identity
32             theft of less than $300 who is convicted of a second
33             or subsequent offense of financial identity theft of
34             less than $300 is guilty of  a  Class  4  felony.  A
 
HB5636 Engrossed            -5-                LRB9215613RCcd
 1             person  who has been convicted of financial identity
 2             theft of less than  $300  who  has  been  previously
 3             convicted  of  any  type  of  theft,  robbery, armed
 4             robbery, burglary, residential burglary,  possession
 5             of burglary tools, home invasion, home repair fraud,
 6             aggravated   home   repair   fraud,   or   financial
 7             exploitation  of  an  elderly  or disabled person is
 8             guilty of a Class 4 felony.  When a person  has  any
 9             such prior conviction, the information or indictment
10             charging   that   person   shall   state  the  prior
11             conviction so as  to  give  notice  of  the  State's
12             intention  to treat the charge as a felony. The fact
13             of the prior conviction is not  an  element  of  the
14             offense  and may not be disclosed to the jury during
15             trial unless otherwise permitted by issues  properly
16             raised during the trial.
17                  (B) (2)  Financial  Identity  theft  of credit,
18             money, goods, services, or other property  exceeding
19             $300  and not exceeding $2,000 in value is a Class 4
20             felony.
21                  (C) (3)  Financial Identity  theft  of  credit,
22             money,  goods, services, or other property exceeding
23             $2,000 and not exceeding $10,000 in value is a Class
24             3 felony.
25                  (D) (4)  Financial Identity  theft  of  credit,
26             money,  goods, services, or other property exceeding
27             $10,000 and not exceeding $100,000  in  value  is  a
28             Class 2 felony.
29                  (E) (5)  Financial  Identity  theft  of credit,
30             money, goods, services, or other property  exceeding
31             $100,000 in value is a Class 1 felony.
32             (2)  A person convicted of any offense enumerated in
33        paragraphs (2) through (5) of subsection (a) is guilty of
34        a Class 4 felony.
 
HB5636 Engrossed            -6-                LRB9215613RCcd
 1             (3)  A person convicted of any offense enumerated in
 2        paragraphs  (2) through (5) of subsection (a) a second or
 3        subsequent time is guilty of a Class 3 felony.
 4             (4)  A person who, within  a  12  month  period,  is
 5        found   in   violation   of  any  offense  enumerated  in
 6        paragraphs (2) through (5) of subsection (a) with respect
 7        to the identifiers of 3 or more separate individuals,  at
 8        the  same  time  or consecutively, is guilty of a Class 3
 9        felony.
10    (Source: P.A. 91-517, eff. 8-13-99.)

11        (720 ILCS 5/16G-20)
12        Sec. 16G-20.  Aggravated financial identity theft.
13        (a)  A person commits the offense of aggravated financial
14    identity  theft  when  he  or  she  commits  the  offense  of
15    financial identity theft as set forth in  subsection  (a)  of
16    Section 16G-15 against a person 60 years of age or older or a
17    disabled person as defined in Section 16-1.3 of this Code.
18        (b)  Knowledge  shall  be  determined by an evaluation of
19    all circumstances surrounding the use of the  other  person's
20    identifying information or document.
21        (c)  When a charge of aggravated financial identity theft
22    of   credit,   money,  goods,  services,  or  other  property
23    exceeding a specified value  is  brought  the  value  of  the
24    credit,  money,  goods,  services,  or  other  property is an
25    element of the offense to be resolved by the trier of fact as
26    either exceeding or not exceeding the specified value.
27        (d)  A defense to  aggravated  financial  identity  theft
28    does not exist merely because the accused reasonably believed
29    the victim to be a person less than 60 years of age.
30        (e)  Sentence.
31             (1)  Aggravated  financial identity theft of credit,
32        money, goods, services, or other property  not  exceeding
33        $300 in value is a Class 4 felony.
 
HB5636 Engrossed            -7-                LRB9215613RCcd
 1             (2)  Aggravated  financial identity theft of credit,
 2        money, goods, services, or other property exceeding  $300
 3        and not exceeding $10,000 in value is a Class 3 felony.
 4             (3)  Aggravated  financial identity theft of credit,
 5        money,  goods,  services,  or  other  property  exceeding
 6        $10,000 in value and not exceeding $100,000 in value is a
 7        Class 2 felony.
 8             (4)  Aggravated financial identity theft of  credit,
 9        money,  goods,  services,  or  other  property  exceeding
10        $100,000 in value is a Class 1 felony.
11             (5)  A  person  who has been previously convicted of
12        aggravated financial identity  theft  regardless  of  the
13        value  of  the  property  involved  who is convicted of a
14        second or  subsequent  offense  of  aggravated  financial
15        identity  theft  regardless  of the value of the property
16        involved is guilty of a Class X felony.
17    (Source: P.A. 91-517, eff. 8-13-99.)

18        (720 ILCS 5/16G-25)
19        Sec. 16G-25. Offenders interest in the property. It is no
20    defense to a charge of aggravated financial identity theft or
21    financial identity theft that the offender has an interest in
22    the  credit,  money,  goods,  services,  or  other   property
23    obtained in the name of the other person.
24    (Source: P.A. 91-517, eff. 8-13-99.)

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

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