Illinois General Assembly - Full Text of Public Act 094-0969
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Public Act 094-0969




Public Act 094-0969
HB4438 Enrolled LRB094 18374 RLC 53685 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 16G-21 and 16H-1 and by adding Section 16G-13 as
    (720 ILCS 5/16G-13 new)
    Sec. 16G-13. Facilitating identity theft.
    (a) A person commits the offense of facilitating identity
theft when he or she, in the course of his or her employment or
official duties, has access to the personal information of
another person in the possession of the State of Illinois,
whether written, recorded, or on computer disk and knowingly,
with the intent of committing identity theft, aggravated
identity theft, or any violation of the Illinois Financial
Crime Law, 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
    (b) Sentence. Facilitating identity theft is a Class A
misdemeanor for a first offense and a Class 4 felony for a
second or subsequent offense.
    (c) For purposes of this Section, "personal information"
has the meaning provided in the Personal Information Protection
    (720 ILCS 5/16G-21)
    Sec. 16G-21. Civil remedies. A person who is convicted of
facilitating identity theft, identity theft, or aggravated
identity theft is liable in a civil action to the person who
suffered damages as a result of the violation. The person
suffering damages may recover court costs, attorney's fees,
lost wages, and actual damages.
(Source: P.A. 92-686, eff. 7-16-02; 93-401, eff. 7-31-03.)
    (720 ILCS 5/16H-1)
    Sec. 16H-1. Short title. This Article may be cited as the
Illinois Financial Crime Law Act.
(Source: P.A. 93-440, eff. 8-5-03.)

Effective Date: 1/1/2007