State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0792

SB2271 Enrolled                                LRB9215837RCcd

    AN ACT in relation to 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-15 as follows:

    (720 ILCS 5/16G-15)
    Sec. 16G-15.  Financial identity theft.
    (a)  A person commits the offense of  financial  identity
theft  when he or she knowingly uses any personal identifying
information or personal identification  document  of  another
person to fraudulently obtain credit, money, goods, services,
or other property in the name of the other person.
    (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 financial 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)  Sentence.
         (1)  Financial  identity  theft  of  credit,  money,
    goods,  services, or other property not exceeding $300 in
    value is a Class A misdemeanor. A  person  who  has  been
    previously  convicted of financial identity theft of less
    than $300 who is convicted  of  a  second  or  subsequent
    offense  of financial identity theft of less than $300 is
    guilty of a  Class  4  felony.  A  person  who  has  been
    convicted  of  financial 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  financial
    exploitation of an elderly or disabled person  is  guilty
    of  a  Class  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
    felony.  The  fact  of  the  prior  conviction  is not an
    element of the offense and may not be  disclosed  to  the
    jury  during  trial  unless otherwise permitted by issues
    properly raised during the trial.
         (2)  Financial  identity  theft  of  credit,  money,
    goods, services, or other property exceeding $300 and not
    exceeding $2,000 in value is a Class 4 felony.
         (3)  Financial  identity  theft  of  credit,  money,
    goods, services, or other property exceeding  $2,000  and
    not exceeding $10,000 in value is a Class 3 felony.
         (4)  Financial  identity  theft  of  credit,  money,
    goods,  services, or other property exceeding $10,000 and
    not exceeding $100,000 in value is a Class 2 felony.
         (5)  Financial  identity  theft  of  credit,  money,
    goods, services, or other property exceeding $100,000  in
    value is a Class 1 felony.
(Source: P.A. 91-517, eff. 8-13-99.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.