Bill Text: IL SB1294 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012 concerning identity theft. Changes references in the offense from "personal identification information" to "personal identifying information".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0324 [SB1294 Detail]
Download: Illinois-2019-SB1294-Engrossed.html
Bill Title: Amends the Criminal Code of 2012 concerning identity theft. Changes references in the offense from "personal identification information" to "personal identifying information".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0324 [SB1294 Detail]
Download: Illinois-2019-SB1294-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Section 16-30 as follows:
| ||||||
6 | (720 ILCS 5/16-30) | ||||||
7 | Sec. 16-30. Identity theft; aggravated identity theft.
| ||||||
8 | (a) A person commits identity theft when he or
she
| ||||||
9 | knowingly:
| ||||||
10 | (1) uses any personal
identifying information or | ||||||
11 | personal identification document of another
person to | ||||||
12 | fraudulently obtain credit, money, goods, services, or | ||||||
13 | other
property;
| ||||||
14 | (2) uses any personal identifying identification | ||||||
15 | information or personal
identification document of another | ||||||
16 | with intent to commit any felony not set forth in
paragraph | ||||||
17 | (1) of this subsection (a);
| ||||||
18 | (3) obtains, records, possesses, sells, transfers, | ||||||
19 | purchases, or
manufactures any personal identifying | ||||||
20 | identification information or personal
identification | ||||||
21 | document of another with intent to commit any felony;
| ||||||
22 | (4) uses, obtains, records, possesses, sells, | ||||||
23 | transfers, purchases,
or manufactures any personal |
| |||||||
| |||||||
1 | identifying identification information or
personal | ||||||
2 | identification document of another knowing that such
| ||||||
3 | personal identifying identification information or | ||||||
4 | personal identification
documents were stolen or produced | ||||||
5 | without lawful authority;
| ||||||
6 | (5) uses, transfers, or possesses document-making | ||||||
7 | implements to
produce false identification or false | ||||||
8 | documents with knowledge that
they will be used by the | ||||||
9 | person or another to commit any felony;
| ||||||
10 | (6) uses any personal identifying identification | ||||||
11 | information or personal identification document of another | ||||||
12 | to portray himself or herself as that person, or otherwise, | ||||||
13 | for the purpose of gaining access to any personal | ||||||
14 | identifying identification information or personal | ||||||
15 | identification document of that person, without the prior | ||||||
16 | express permission of that person; | ||||||
17 | (7) uses any personal identifying identification | ||||||
18 | information or personal identification document of another | ||||||
19 | for the purpose of gaining access to any record of the | ||||||
20 | actions taken, communications made or received, or other | ||||||
21 | activities or transactions of that person, without the | ||||||
22 | prior express permission of that person;
| ||||||
23 | (7.5) uses, possesses, or transfers a radio frequency | ||||||
24 | identification device capable of obtaining or processing | ||||||
25 | personal identifying information from a radio frequency | ||||||
26 | identification (RFID) tag or transponder with knowledge |
| |||||||
| |||||||
1 | that the device will be used by the person or another to | ||||||
2 | commit a felony violation of State law or any violation of | ||||||
3 | this Article; or | ||||||
4 | (8) in the course of applying for a building permit | ||||||
5 | with a unit of local government, provides the license | ||||||
6 | number of a roofing or fire sprinkler contractor whom he or | ||||||
7 | she does not intend to have perform the work on the roofing | ||||||
8 | or fire sprinkler portion of the project; it is an | ||||||
9 | affirmative defense to prosecution under this paragraph | ||||||
10 | (8) that the building permit applicant promptly informed | ||||||
11 | the unit of local government that issued the building | ||||||
12 | permit of any change in the roofing or fire sprinkler | ||||||
13 | contractor. | ||||||
14 | (b) Aggravated identity theft. A person commits aggravated | ||||||
15 | identity theft when he or she commits identity theft as set | ||||||
16 | forth in subsection (a) of this Section: | ||||||
17 | (1) against a person 60 years of age or older or a | ||||||
18 | person with a disability; or | ||||||
19 | (2) in furtherance of the activities of an organized | ||||||
20 | gang. | ||||||
21 | A defense to aggravated identity theft does not exist | ||||||
22 | merely because the accused reasonably believed the victim to be | ||||||
23 | a person less than 60 years of age. For the purposes of this | ||||||
24 | subsection, "organized gang" has the meaning ascribed in | ||||||
25 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
26 | Prevention Act. |
| |||||||
| |||||||
1 | (c) Knowledge shall be determined by an evaluation of all | ||||||
2 | circumstances
surrounding the use of the other
person's | ||||||
3 | identifying information or document.
| ||||||
4 | (d) When a charge of identity theft or aggravated identity | ||||||
5 | theft of credit, money, goods,
services, or other property
| ||||||
6 | exceeding a specified value is brought, the value of the | ||||||
7 | credit, money, goods,
services, or other property is
an element | ||||||
8 | of the offense to be resolved by the trier of fact as either
| ||||||
9 | exceeding or not exceeding the
specified value.
| ||||||
10 | (e) Sentence.
| ||||||
11 | (1) Identity theft. | ||||||
12 | (A) A person convicted of identity theft in | ||||||
13 | violation of paragraph (1)
of subsection (a) shall be | ||||||
14 | sentenced as follows:
| ||||||
15 | (i) Identity theft of credit, money, goods, | ||||||
16 | services, or
other
property not exceeding $300 in
| ||||||
17 | value is a Class 4 felony. A person who has been | ||||||
18 | previously convicted of
identity theft of
less | ||||||
19 | than $300 who is convicted of a second or | ||||||
20 | subsequent offense of
identity theft of less than
| ||||||
21 | $300 is guilty of a Class 3 felony. A person who | ||||||
22 | has been convicted of identity
theft of less than
| ||||||
23 | $300 who has been previously convicted of any type | ||||||
24 | of theft, robbery, armed
robbery, burglary, | ||||||
25 | residential
burglary, possession of burglary | ||||||
26 | tools, home invasion, home repair fraud,
|
| |||||||
| |||||||
1 | aggravated home repair fraud, or
financial | ||||||
2 | exploitation of an elderly person or person with a | ||||||
3 | disability is guilty of a Class 3
felony. Identity | ||||||
4 | theft of credit, money, goods, services, or
other
| ||||||
5 | property not exceeding $300 in
value when the | ||||||
6 | victim of the identity theft is an active duty | ||||||
7 | member of the Armed Services or Reserve Forces of | ||||||
8 | the United States or of the Illinois National Guard | ||||||
9 | serving in a foreign country is a Class 3 felony. A | ||||||
10 | person who has been previously convicted of
| ||||||
11 | identity theft of
less than $300 who is convicted | ||||||
12 | of a second or subsequent offense of
identity theft | ||||||
13 | of less than
$300 when the victim of the identity | ||||||
14 | theft is an active duty member of the Armed | ||||||
15 | Services or Reserve Forces of the United States or | ||||||
16 | of the Illinois National Guard serving in a foreign | ||||||
17 | country is guilty of a Class 2 felony. A person who | ||||||
18 | has been convicted of identity
theft of less than
| ||||||
19 | $300 when the victim of the identity theft is an | ||||||
20 | active duty member of the Armed Services or Reserve | ||||||
21 | Forces of the United States or of the Illinois | ||||||
22 | National Guard serving in a foreign country who has | ||||||
23 | been previously convicted of any type of theft, | ||||||
24 | robbery, armed
robbery, burglary, residential
| ||||||
25 | burglary, possession of burglary tools, home | ||||||
26 | invasion, home repair fraud,
aggravated home |
| |||||||
| |||||||
1 | repair fraud, or
financial exploitation of an | ||||||
2 | elderly person or person with a disability is | ||||||
3 | guilty of a Class 2
felony.
| ||||||
4 | (ii) Identity theft of credit, money, goods,
| ||||||
5 | services, or other
property exceeding $300 and not
| ||||||
6 | exceeding $2,000 in value is a Class 3 felony. | ||||||
7 | Identity theft of credit, money, goods,
services, | ||||||
8 | or other
property exceeding $300 and not
exceeding | ||||||
9 | $2,000 in value when the victim of the identity | ||||||
10 | theft is an active duty member of the Armed | ||||||
11 | Services or Reserve Forces of the United States or | ||||||
12 | of the Illinois National Guard serving in a foreign | ||||||
13 | country is a Class 2 felony.
| ||||||
14 | (iii) Identity theft of credit, money, goods,
| ||||||
15 | services, or other
property exceeding $2,000 and | ||||||
16 | not
exceeding $10,000 in value is a Class 2 felony. | ||||||
17 | Identity theft of credit, money, goods,
services, | ||||||
18 | or other
property exceeding $2,000 and not
| ||||||
19 | exceeding $10,000 in value when the victim of the | ||||||
20 | identity theft is an active duty member of the | ||||||
21 | Armed Services or Reserve Forces of the United | ||||||
22 | States or of the Illinois National Guard serving in | ||||||
23 | a foreign country is a Class 1 felony.
| ||||||
24 | (iv) Identity theft of credit, money, goods,
| ||||||
25 | services, or other
property exceeding $10,000 and
| ||||||
26 | not exceeding $100,000 in value is a Class 1 |
| |||||||
| |||||||
1 | felony. Identity theft of credit, money, goods,
| ||||||
2 | services, or other
property exceeding $10,000 and
| ||||||
3 | not exceeding $100,000 in value when the victim of | ||||||
4 | the identity theft is an active duty member of the | ||||||
5 | Armed Services or Reserve Forces of the United | ||||||
6 | States or of the Illinois National Guard serving in | ||||||
7 | a foreign country is a Class X felony.
| ||||||
8 | (v) Identity theft of credit, money, goods,
| ||||||
9 | services, or
other property exceeding $100,000 in
| ||||||
10 | value is a Class X felony.
| ||||||
11 | (B) A person convicted of any offense enumerated in | ||||||
12 | paragraphs
(2) through (7.5) of subsection (a) is | ||||||
13 | guilty of a Class 3 felony. A person convicted of any | ||||||
14 | offense enumerated in paragraphs
(2) through (7.5) of | ||||||
15 | subsection (a) when the victim of the identity theft is | ||||||
16 | an active duty member of the Armed Services or Reserve | ||||||
17 | Forces of the United States or of the Illinois National | ||||||
18 | Guard serving in a foreign country is guilty of a Class | ||||||
19 | 2 felony.
| ||||||
20 | (C) A person convicted of any offense enumerated in | ||||||
21 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
22 | a second or subsequent time is
guilty of a Class 2 | ||||||
23 | felony. A person convicted of any offense enumerated in | ||||||
24 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
25 | a second or subsequent time when the victim of the | ||||||
26 | identity theft is an active duty member of the Armed |
| |||||||
| |||||||
1 | Services or Reserve Forces of the United States or of | ||||||
2 | the Illinois National Guard serving in a foreign | ||||||
3 | country is
guilty of a Class 1 felony.
| ||||||
4 | (D) A person who, within a 12-month period, is | ||||||
5 | found in violation
of any offense enumerated in | ||||||
6 | paragraphs (2) through (7.5) of
subsection (a) with | ||||||
7 | respect to the identifiers of, or other information | ||||||
8 | relating to, 3 or more
separate individuals, at the | ||||||
9 | same time or consecutively, is guilty
of a Class 2 | ||||||
10 | felony. A person who, within a 12-month period, is | ||||||
11 | found in violation
of any offense enumerated in | ||||||
12 | paragraphs (2) through (7.5) of
subsection (a) with | ||||||
13 | respect to the identifiers of, or other information | ||||||
14 | relating to, 3 or more
separate individuals, at the | ||||||
15 | same time or consecutively, when the victim of the | ||||||
16 | identity theft is an active duty member of the Armed | ||||||
17 | Services or Reserve Forces of the United States or of | ||||||
18 | the Illinois National Guard serving in a foreign | ||||||
19 | country is guilty
of a Class 1 felony.
| ||||||
20 | (E) A person convicted of identity theft in | ||||||
21 | violation of paragraph (2) of subsection (a) who uses | ||||||
22 | any personal identifying identification information or | ||||||
23 | personal
identification document of another to | ||||||
24 | purchase methamphetamine manufacturing material as | ||||||
25 | defined in Section 10 of the Methamphetamine Control | ||||||
26 | and Community Protection Act with the intent to |
| |||||||
| |||||||
1 | unlawfully manufacture methamphetamine is guilty of a | ||||||
2 | Class 2 felony for a first offense and a Class 1 felony | ||||||
3 | for a second or subsequent offense.
A person convicted | ||||||
4 | of identity theft in violation of paragraph (2) of | ||||||
5 | subsection (a) who uses any personal identifying | ||||||
6 | identification information or personal
identification | ||||||
7 | document of another to purchase methamphetamine | ||||||
8 | manufacturing material as defined in Section 10 of the | ||||||
9 | Methamphetamine Control and Community Protection Act | ||||||
10 | with the intent to unlawfully manufacture | ||||||
11 | methamphetamine when the victim of the identity theft | ||||||
12 | is an active duty member of the Armed Services or | ||||||
13 | Reserve Forces of the United States or of the Illinois | ||||||
14 | National Guard serving in a foreign country is guilty | ||||||
15 | of a Class 1 felony for a first offense and a Class X | ||||||
16 | felony for a second or subsequent offense.
| ||||||
17 | (F) A person convicted of identity theft in | ||||||
18 | violation of paragraph (8) of subsection (a) of this | ||||||
19 | Section is guilty of a Class 4 felony. | ||||||
20 | (2) Aggravated identity theft. | ||||||
21 | (A) Aggravated identity theft of credit, money, | ||||||
22 | goods, services, or other property not exceeding $300 | ||||||
23 | in value is a Class 3 felony. | ||||||
24 | (B) Aggravated identity theft of credit, money, | ||||||
25 | goods, services, or other property exceeding $300 and | ||||||
26 | not exceeding $10,000 in value is a Class 2 felony. |
| |||||||
| |||||||
1 | (C) Aggravated identity theft of credit, money, | ||||||
2 | goods, services, or other property exceeding $10,000 | ||||||
3 | in value and not exceeding $100,000 in value is a Class | ||||||
4 | 1 felony. | ||||||
5 | (D) Aggravated identity theft of credit, money, | ||||||
6 | goods, services, or other property exceeding $100,000 | ||||||
7 | in value is a Class X felony. | ||||||
8 | (E) Aggravated identity theft for a violation of | ||||||
9 | any offense enumerated in paragraphs (2) through (7.5) | ||||||
10 | of subsection (a) of this Section is a Class 2 felony. | ||||||
11 | (F) Aggravated identity theft when a person who, | ||||||
12 | within a 12-month period, is found in violation of any | ||||||
13 | offense enumerated in paragraphs (2) through (7.5) of | ||||||
14 | subsection (a) of this Section with identifiers of, or | ||||||
15 | other information relating to, 3 or more separate | ||||||
16 | individuals, at the same time or consecutively, is a | ||||||
17 | Class 1 felony. | ||||||
18 | (G) A person who has been previously convicted of | ||||||
19 | aggravated identity theft regardless of the value of | ||||||
20 | the property involved who is convicted of a second or | ||||||
21 | subsequent offense of aggravated identity theft | ||||||
22 | regardless of the value of the property involved is | ||||||
23 | guilty of a Class X felony.
| ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
|