Public Act 095-0199
 		





HB0449 Enrolled
LRB095 04094 RLC 24132 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 
Section 16G-20 as follows:
 



    (720 ILCS 5/16G-20)



    Sec. 16G-20. Aggravated identity theft. 

    (a) A person commits the offense of aggravated identity 
theft
when he or she commits the offense of identity theft as 
set forth
in subsection (a) of Section 16G-15:
        (1) against a person 60 years
of age or older or a 
    disabled person as defined in Section 16-1.3 of this
Code; 
    or
        (2) in furtherance of the activities of an organized 
    gang.

    For purposes of this Section, "organized gang" has the 
meaning ascribed to that term in Section 10 of the Illinois 
Streetgang Terrorism Omnibus Prevention Act.

    (b) Knowledge shall be determined by an evaluation of all 
circumstances
surrounding the use of the other
person's 
identifying information or document.

    (c) When a charge of aggravated identity theft of credit,

money,
goods, services, or other
property exceeding a specified 
value is brought the value of the credit, money,
goods, 
services, or other
property is an element of the offense to be 
resolved by the trier of fact as
either exceeding or not 
exceeding
the specified value.

    (d) A defense to aggravated identity theft under paragraph 
(a)(1) does not exist
merely
because the accused
reasonably 
believed the victim to be a person less than 60 years of age.

    (e) Sentence.


        (1) Aggravated identity theft of credit, money, goods,

    services,
or other property not exceeding
$300 in value is 
    a Class 3 felony.


        (2) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding $300
and not 
    exceeding $10,000 in value is a Class 2 felony.


        (3) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding $10,000 in value and 
    not exceeding $100,000 in
value is a Class 1 felony.


        (4) Aggravated identity theft of credit, money, goods,

    services,
or other property exceeding
$100,000 in value is 
    a Class X felony.


        (5) A person who has been previously convicted of 
    aggravated
identity theft regardless of the
value of the 
    property involved who is convicted of a second or 
    subsequent
offense of aggravated
identity theft regardless 
    of the value of the property involved is guilty of a
Class 
    X felony.

(Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)

 

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