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91_HB1413sam001
LRB9103429RCksam
1 AMENDMENT TO HOUSE BILL 1413
2 AMENDMENT NO. . Amend House Bill 1413 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by adding
5 Article 16G."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 adding Article 16G as follows:
10 (720 ILCS 5/Art. 16G heading new)
11 ARTICLE 16G
12 FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW
13 (720 ILCS 5/16G-1 new)
14 Sec. 16G-1. Short title. This Article may be cited as the
15 Financial Identity Theft and Asset Forfeiture Law.
16 (720 ILCS 5/16G-5 new)
17 Sec. 16G-5. Legislative declaration.
18 (a) It is the public policy of this State that the
19 substantial burden placed upon the economy of this State as a
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1 result of the rising incidence of financial identity theft
2 and the negative effect of this crime on the People of this
3 State and its victims is a matter of grave concern to the
4 People of this State who have the right to be protected in
5 their health, safety, and welfare from the effects of this
6 crime, and therefore financial identity theft shall be
7 identified and dealt with swiftly and appropriately
8 considering the onerous nature of the crime.
9 (b) The widespread availability and unauthorized access
10 to personal identification information have led and will lead
11 to a substantial increase in identity theft related crimes.
12 (720 ILCS 5/16G-10 new)
13 Sec. 16G-10. Definitions. In this Article unless the
14 context otherwise requires:
15 (a) "Personal identification document" means a birth
16 certificate, a drivers license, a State identification card,
17 a public, government, or private employment identification
18 card, a social security card, a firearm owner's
19 identification card, a credit card, a debit card, or a
20 passport issued to or on behalf of a person other than the
21 offender, or any such document made or altered in a manner
22 that it purports to have been made on behalf of or issued to
23 another person or by the authority of one who did not give
24 that authority.
25 (b) "Personal identifying information" means any of the
26 following information:
27 (1) A person's name;
28 (2) A person's address;
29 (3) A person's telephone number;
30 (4) A person's drivers license number or State of
31 Illinois identification card as assigned by the Secretary
32 of State of the State of Illinois or a similar agency of
33 another state;
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1 (5) A person's Social Security number;
2 (6) A person's public, private, or government
3 employer, place of employment, or employment
4 identification number;
5 (7) The maiden name of a person's mother;
6 (8) The number assigned to a person's depository
7 account, savings account, or brokerage account;
8 (9) The number assigned to a person's credit or
9 debit card, commonly known as a "Visa Card", "Master
10 Card", "American Express Card", "Discover Card", or other
11 similar cards whether issued by a financial institution,
12 corporation, or business entity;
13 (10) Personal identification numbers;
14 (11) Electronic identification numbers;
15 (12) Digital signals;
16 (13) Any other numbers or information which can be
17 used to access a person's financial resources.
18 (720 ILCS 5/16G-15 new)
19 Sec. 16G-15. Financial identity theft.
20 (a) A person commits the offense of financial identity
21 theft when he or she knowingly uses any personal identifying
22 information or personal identification document of another
23 person to obtain credit, money, goods, services, or other
24 property in the name of the other person, without the written
25 authorization of the other person and knowingly representing
26 that he or she is the other person or is acting with the
27 authorization of the other person.
28 (b) Knowledge shall be determined by an evaluation of
29 all circumstances surrounding the use of the other person's
30 identifying information or document.
31 (c) When a charge of financial identity theft of credit,
32 money, goods, services, or other property exceeding a
33 specified value is brought the value of the credit, money,
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1 goods, services, or other property is an element of the
2 offense to be resolved by the trier of fact as either
3 exceeding or not exceeding the specified value.
4 (d) Sentence.
5 (1) Financial identity theft of credit, money,
6 goods, services, or other property not exceeding $300 in
7 value is a Class A misdemeanor. A person who has been
8 previously convicted of financial identity theft of less
9 than $300 who is convicted of a second or subsequent
10 offense of financial identity theft of less than $300 is
11 guilty of a Class 4 felony. A person who has been
12 convicted of financial identity theft of less than $300
13 who has been previously convicted of any type of theft,
14 robbery, armed robbery, burglary, residential burglary,
15 possession of burglary tools, home invasion, home repair
16 fraud, aggravated home repair fraud, or financial
17 exploitation of an elderly or disabled person is guilty
18 of a Class 4 felony. When a person has any such prior
19 conviction, the information or indictment charging that
20 person shall state the prior conviction so as to give
21 notice of the State's intention to treat the charge as a
22 felony. The fact of the prior conviction is not an
23 element of the offense and may not be disclosed to the
24 jury during trial unless otherwise permitted by issues
25 properly raised during the trial.
26 (2) Financial identity theft of credit, money,
27 goods, services, or other property exceeding $300 and not
28 exceeding $2,000 in value is a Class 4 felony.
29 (3) Financial identity theft of credit, money,
30 goods, services, or other property exceeding $2,000 and
31 not exceeding $10,000 in value is a Class 3 felony.
32 (4) Financial identity theft of credit, money,
33 goods, services, or other property exceeding $10,000 and
34 not exceeding $100,000 in value is a Class 2 felony.
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1 (5) Financial identity theft of credit, money,
2 goods, services, or other property exceeding $100,000 in
3 value is a Class 1 felony.
4 (720 ILCS 5/16G-20 new)
5 Sec. 16G-20. Aggravated financial identity theft.
6 (a) A person commits the offense of aggravated financial
7 identity theft when he or she commits the offense of
8 financial identity theft as set forth in subsection (a) of
9 Section 16G-15 against a person 60 years of age or older or a
10 disabled person as defined in Section 16-1.3 of this Code.
11 (b) Knowledge shall be determined by an evaluation of
12 all circumstances surrounding the use of the other person's
13 identifying information or document.
14 (c) When a charge of aggravated financial identity theft
15 of credit, money, goods, services, or other property
16 exceeding a specified value is brought the value of the
17 credit, money, goods, services, or other property is an
18 element of the offense to be resolved by the trier of fact as
19 either exceeding or not exceeding the specified value.
20 (d) A defense to aggravated financial identity theft
21 does not exist merely because the accused reasonably believed
22 the victim to be a person less than 60 years of age.
23 (e) Sentence.
24 (1) Aggravated financial identity theft of credit,
25 money, goods, services, or other property not exceeding
26 $300 in value is a Class 4 felony.
27 (2) Aggravated financial identity theft of credit,
28 money, goods, services, or other property exceeding $300
29 and not exceeding $10,000 in value is a Class 3 felony.
30 (3) Aggravated financial identity theft of credit,
31 money, goods, services, or other property exceeding
32 $10,000 in value and not exceeding $100,000 in value is a
33 Class 2 felony.
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1 (4) Aggravated financial identity theft of credit,
2 money, goods, services, or other property exceeding
3 $100,000 in value is a Class 1 felony.
4 (5) A person who has been previously convicted of
5 aggravated financial identity theft regardless of the
6 value of the property involved who is convicted of a
7 second or subsequent offense of aggravated financial
8 identity theft regardless of the value of the property
9 involved is guilty of a Class X felony.
10 (720 ILCS 5/16G-25 new)
11 Sec. 16G-25. Offenders interest in the property. It is no
12 defense to a charge of aggravated financial identity theft or
13 financial identity theft that the offender has an interest in
14 the credit, money, goods, services, or other property
15 obtained in the name of the other person.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".