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91_SB0109eng SB109 Engrossed LRB9101139RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Article 16G. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Article 16G as follows: 7 (720 ILCS 5/Art. 16G heading new) 8 ARTICLE 16G 9 FINANCIAL IDENTITY THEFT AND ASSET FORFEITURE LAW 10 (720 ILCS 5/16G-1 new) 11 Sec. 16G-1. Short title. This Article may be cited as the 12 Financial Identity Theft and Asset Forfeiture Law. 13 (720 ILCS 5/16G-5 new) 14 Sec. 16G-5. Legislative declaration. 15 (a) It is the public policy of this State that the 16 substantial burden placed upon the economy of this State as a 17 result of the rising incidence of financial identity theft 18 and the negative effect of this crime on the People of this 19 State and its victims is a matter of grave concern to the 20 People of this State who have the right to be protected in 21 their health, safety, and welfare from the effects of this 22 crime, and therefore financial identity theft shall be 23 identified and dealt with swiftly and appropriately 24 considering the onerous nature of the crime. 25 (b) The widespread availability and unauthorized access 26 to personal identification information have led and will lead 27 to a substantial increase in identity theft related crimes. 28 (720 ILCS 5/16G-10 new) SB109 Engrossed -2- LRB9101139RCks 1 Sec. 16G-10. Definitions. In this Article unless the 2 context otherwise requires: 3 (a) "Personal identification document" means a birth 4 certificate, a drivers license, a State identification card, 5 a public, government, or private employment identification 6 card, a social security card, a firearm owner's 7 identification card, a credit card, a debit card, or a 8 passport issued to or on behalf of a person other than the 9 offender, or any such document made or altered in a manner 10 that it purports to have been made on behalf of or issued to 11 another person or by the authority of one who did not give 12 that authority. 13 (b) "Personal identifying information" means any of the 14 following information: 15 (1) A person's name; 16 (2) A person's address; 17 (3) A person's telephone number; 18 (4) A person's drivers license number or State of 19 Illinois identification card as assigned by the Secretary 20 of State of the State of Illinois or a similar agency of 21 another state; 22 (5) A person's Social Security number; 23 (6) A person's public, private, or government 24 employer, place of employment, or employment 25 identification number; 26 (7) The maiden name of a person's mother; 27 (8) The number assigned to a person's depository 28 account, savings account, or brokerage account; 29 (9) The number assigned to a person's credit or 30 debit card, commonly known as a "Visa Card", "Master 31 Card", "American Express Card", "Discover Card", or other 32 similar cards whether issued by a financial institution, 33 corporation, or business entity; 34 (10) Personal identification numbers; SB109 Engrossed -3- LRB9101139RCks 1 (11) Electronic identification numbers; 2 (12) Digital signals; 3 (13) Any other numbers or information which can be 4 used to access a person's financial resources. 5 (720 ILCS 5/16G-15 new) 6 Sec. 16G-15. Financial identity theft. 7 (a) A person commits the offense of financial identity 8 theft when he or she knowingly uses any personal identifying 9 information or personal identification document of another 10 person to obtain credit, money, goods, services, or other 11 property in the name of the other person, without the written 12 authorization of the other person and knowingly representing 13 that he or she is the other person or is acting with the 14 authorization of the other person. 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) Financial identity theft of credit, money, 26 goods, services, or other property not exceeding $300 in 27 value is a Class A misdemeanor. A person who has been 28 previously convicted of financial identity theft of less 29 than $300 who is convicted of a second or subsequent 30 offense of financial identity theft of less than $300 is 31 guilty of a Class 4 felony. A person who has been 32 convicted of financial identity theft of less than $300 33 who has been previously convicted of any type of theft, SB109 Engrossed -4- LRB9101139RCks 1 robbery, armed robbery, burglary, residential burglary, 2 possession of burglary tools, home invasion, home repair 3 fraud, aggravated home repair fraud, or financial 4 exploitation of an elderly or disabled person is guilty 5 of a Class 4 felony. When a person has any such prior 6 conviction, the information or indictment charging that 7 person shall state the prior conviction so as to give 8 notice of the State's intention to treat the charge as a 9 felony. The fact of the prior conviction is not an 10 element of the offense and may not be disclosed to the 11 jury during trial unless otherwise permitted by issues 12 properly raised during the trial. 13 (2) Financial identity theft of credit, money, 14 goods, services, or other property exceeding $300 and not 15 exceeding $2,000 in value is a Class 4 felony. 16 (3) Financial identity theft of credit, money, 17 goods, services, or other property exceeding $2,000 and 18 not exceeding $10,000 in value is a Class 3 felony. 19 (4) Financial identity theft of credit, money, 20 goods, services, or other property exceeding $10,000 and 21 not exceeding $100,000 in value is a Class 2 felony. 22 (5) Financial identity theft of credit, money, 23 goods, services, or other property exceeding $100,000 in 24 value is a Class 1 felony. 25 (720 ILCS 5/16G-20 new) 26 Sec. 16G-20. Aggravated financial identity theft. 27 (a) A person commits the offense of aggravated financial 28 identity theft when he or she commits the offense of 29 financial identity theft as set forth in subsection (a) of 30 Section 16G-15 against a person 60 years of age or older or a 31 disabled person as defined in Section 16-1.3 of this Code. 32 (b) Knowledge shall be determined by an evaluation of 33 all circumstances surrounding the use of the other person's SB109 Engrossed -5- LRB9101139RCks 1 identifying information or document. 2 (c) When a charge of aggravated financial identity theft 3 of credit, money, goods, services, or other property 4 exceeding a specified value is brought the value of the 5 credit, money, goods, services, or other property is an 6 element of the offense to be resolved by the trier of fact as 7 either exceeding or not exceeding the specified value. 8 (d) A defense to aggravated financial identity theft 9 does not exist merely because the accused reasonably believed 10 the victim to be a person less than 60 years of age. 11 (e) Sentence. 12 (1) Aggravated financial identity theft of credit, 13 money, goods, services, or other property not exceeding 14 $300 in value is a Class 4 felony. 15 (2) Aggravated financial identity theft of credit, 16 money, goods, services, or other property exceeding $300 17 and not exceeding $10,000 in value is a Class 3 felony. 18 (3) Aggravated financial identity theft of credit, 19 money, goods, services, or other property exceeding 20 $10,000 in value and not exceeding $100,000 in value is a 21 Class 2 felony. 22 (4) Aggravated financial identity theft of credit, 23 money, goods, services, or other property exceeding 24 $100,000 in value is a Class 1 felony. 25 (5) A person who has been previously convicted of 26 aggravated financial identity theft regardless of the 27 value of the property involved who is convicted of a 28 second or subsequent offense of aggravated financial 29 identity theft regardless of the value of the property 30 involved is guilty of a Class X felony. 31 (720 ILCS 5/16G-25 new) 32 Sec. 16G-25. Offenders interest in the property. It is no 33 defense to a charge of aggravated financial identity theft or SB109 Engrossed -6- LRB9101139RCks 1 financial identity theft that the offender has an interest in 2 the credit, money, goods, services, or other property 3 obtained in the name of the other person. 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.