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Public Act 094-0039
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| HB2699 Enrolled |
LRB094 09125 RLC 39355 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Sections 16G-15 and 16G-20 as follows:
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(720 ILCS 5/16G-15)
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Sec. 16G-15. Identity theft.
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(a) A person commits the offense of identity theft when he |
or
she
knowingly:
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(1) uses any personal
identifying information or |
personal identification document of another
person to |
fraudulently obtain credit, money, goods, services, or |
other
property, or
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(2) uses any personal identification information or |
personal
identification document of another with intent to |
commit any felony theft
or other felony violation of State |
law not set forth in
paragraph (1) of this subsection (a), |
or
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(3) obtains, records, possesses, sells, transfers, |
purchases, or
manufactures any personal identification |
information or personal
identification document of another |
with intent to commit or to aid or abet
another in |
committing any felony theft or other felony violation of
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State law, or
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(4) uses, obtains, records, possesses, sells, |
transfers, purchases,
or manufactures any personal |
identification information or
personal identification |
document of another knowing that such
personal |
identification information or personal identification
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documents were stolen or produced without lawful |
authority, or
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(5) uses, transfers, or possesses document-making |
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implements to
produce false identification or false |
documents with knowledge that
they will be used by the |
person or another to commit any felony theft or other
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felony violation of State law.
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(b) Knowledge shall be determined by an evaluation of all |
circumstances
surrounding the use of the other
person's |
identifying information or document.
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(c) When a charge of 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
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specified value.
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(d) Sentence.
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(1) A person convicted of identity theft in violation |
of paragraph (1)
of subsection (a) shall be sentenced as |
follows:
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(A) identity theft of credit, money, goods, |
services, or
other
property not exceeding $300 in
value |
is a Class 4 felony
A misdemeanor. A person who has |
been previously convicted of
identity theft of
less |
than $300 who is convicted of a second or subsequent |
offense of
identity theft of less than
$300 is guilty |
of a Class 3
4 felony. A person who has been convicted |
of identity
theft of less than
$300 who has been |
previously convicted of any type of theft, robbery, |
armed
robbery, burglary, residential
burglary, |
possession of burglary tools, home invasion, home |
repair fraud,
aggravated home repair fraud, or
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financial exploitation of an elderly or disabled |
person is guilty of a Class 3
4
felony. When a person |
has any
such prior conviction, the information or |
indictment charging that person shall
state the prior |
conviction so
as to give notice of the State's |
intention to treat the charge as a Class 3 felony. The
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fact of the prior conviction is
not an element of the |
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offense and may not be disclosed to the jury during |
trial
unless otherwise permitted
by issues properly |
raised during the trial.
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(B) Identity theft of credit, money, goods,
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services, or other
property exceeding $300 and not
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exceeding $2,000 in value is a Class 3
4 felony.
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(C) Identity theft of credit, money, goods,
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services, or other
property exceeding $2,000 and not
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exceeding $10,000 in value is a Class 2
3 felony.
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(D) Identity theft of credit, money, goods,
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services, or other
property exceeding $10,000 and
not |
exceeding $100,000 in value is a Class 1
2 felony.
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(E) Identity theft of credit, money, goods,
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services, or
other property exceeding $100,000 in
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value is a Class X
1 felony.
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(2) A person convicted of any offense enumerated in |
paragraphs
(2) through (5) of subsection (a) is guilty of a |
Class 3
4 felony.
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(3) A person convicted of any offense enumerated in |
paragraphs
(2) through (5) of subsection (a) a second or |
subsequent time is
guilty of a Class 2
3 felony.
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(4) A person who, within a 12 month period, is found in |
violation
of any offense enumerated in paragraphs (2) |
through (5) of
subsection (a) with respect to the |
identifiers of 3 or more
separate individuals, at the same |
time or consecutively, is guilty
of a Class 2
3 felony.
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(Source: P.A. 92-792, eff. 8-6-02; 93-401, eff. 7-31-03.)
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(720 ILCS 5/16G-20)
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Sec. 16G-20. Aggravated identity theft.
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(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 against a person |
60 years
of age or older or a disabled person as defined in |
Section 16-1.3 of this
Code.
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(b) Knowledge shall be determined by an evaluation of all |
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circumstances
surrounding the use of the other
person's |
identifying information or document.
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(c) When a charge of aggravated identity theft of credit,
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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.
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(d) A defense to aggravated identity theft does not exist
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merely
because the accused
reasonably believed the victim to be |
a person less than 60 years of age.
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(e) Sentence.
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(1) Aggravated identity theft of credit, money, goods,
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services,
or other property not exceeding
$300 in value is |
a Class 3
4 felony.
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(2) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding $300
and not |
exceeding $10,000 in value is a Class 2
3 felony.
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(3) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding $10,000 in value and |
not exceeding $100,000 in
value is a Class 1
2 felony.
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(4) Aggravated identity theft of credit, money, goods,
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services,
or other property exceeding
$100,000 in value is |
a Class X
1 felony.
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(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.
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(Source: P.A. 93-401, eff. 7-31-03.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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