Bill Text: IL SB1301 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. In the identity theft statute, changes several references to "individuals" to references to "persons".

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-03 - Referred to Assignments [SB1301 Detail]

Download: Illinois-2023-SB1301-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1301 Introduced 2/3/2023, by Sen. Seth Lewis SYNOPSIS AS INTRODUCED:
720 ILCS 5/16-30
Amends the Criminal Code of 2012. In the identity theft statute, changes several references to "individuals" to references to "persons".
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 16-30 as follows:
(720 ILCS 5/16-30)
Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or she
knowingly:
(1) uses any personal identifying information or
personal identification document of another person to
fraudulently obtain credit, money, goods, services, or
other property;
(2) uses any personal identifying information or
personal identification document of another with intent to
commit any felony not set forth in paragraph (1) of this
subsection (a);
(3) obtains, records, possesses, sells, transfers,
purchases, or manufactures any personal identifying
information or personal identification document of another
with intent to commit any felony;
(4) uses, obtains, records, possesses, sells,
transfers, purchases, or manufactures any personal

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identifying information or personal identification
document of another knowing that such personal identifying
information or personal identification documents were
stolen or produced without lawful authority;
(5) uses, transfers, or possesses document-making
implements to produce false identification or false
documents with knowledge that they will be used by the
person or another to commit any felony;
(6) uses any personal identifying information or
personal identification document of another to portray
himself or herself as that person, or otherwise, for the
purpose of gaining access to any personal identifying
information or personal identification document of that
person, without the prior express permission of that
person;
(7) uses any personal identifying information or
personal identification document of another for the
purpose of gaining access to any record of the actions
taken, communications made or received, or other
activities or transactions of that person, without the
prior express permission of that person;
(7.5) uses, possesses, or transfers a radio frequency
identification device capable of obtaining or processing
personal identifying information from a radio frequency
identification (RFID) tag or transponder with knowledge
that the device will be used by the person or another to

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commit a felony violation of State law or any violation of
this Article; or
(8) in the course of applying for a building permit
with a unit of local government, provides the license
number of a roofing or fire sprinkler contractor whom he
or she does not intend to have perform the work on the
roofing or fire sprinkler portion of the project; it is an
affirmative defense to prosecution under this paragraph
(8) that the building permit applicant promptly informed
the unit of local government that issued the building
permit of any change in the roofing or fire sprinkler
contractor.
(b) Aggravated identity theft. A person commits aggravated
identity theft when he or she commits identity theft as set
forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
person with a disability; or
(2) in furtherance of the activities of an organized
gang.
A defense to aggravated identity theft does not exist
merely because the accused reasonably believed the victim to
be a person less than 60 years of age. For the purposes of this
subsection, "organized gang" has the meaning ascribed in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(c) 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.
(d) When a charge of identity theft or aggravated 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.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
violation of paragraph (1) of subsection (a) shall be
sentenced as follows:
(i) Identity theft of credit, money, goods,
services, or other property not exceeding $300 in
value is a Class 4 felony. 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 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 financial

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exploitation of an elderly person or person with a
disability is guilty of a Class 3 felony. Identity
theft of credit, money, goods, services, or other
property not exceeding $300 in value when the
victim of the identity theft is an active duty
member of the Armed Services or Reserve Forces of
the United States or of the Illinois National
Guard serving in a foreign country is a Class 3
felony. 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 when the victim
of the identity theft is an active duty member of
the Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving
in a foreign country is guilty of a Class 2 felony.
A person who has been convicted of identity theft
of less than $300 when the victim of the identity
theft is an active duty member of the Armed
Services or Reserve Forces of the United States or
of the Illinois National Guard serving in a
foreign country 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

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exploitation of an elderly person or person with a
disability is guilty of a Class 2 felony.
(ii) Identity theft of credit, money, goods,
services, or other property exceeding $300 and not
exceeding $2,000 in value is a Class 3 felony.
Identity theft of credit, money, goods, services,
or other property exceeding $300 and not exceeding
$2,000 in value when the victim of the identity
theft is an active duty member of the Armed
Services or Reserve Forces of the United States or
of the Illinois National Guard serving in a
foreign country is a Class 2 felony.
(iii) Identity theft of credit, money, goods,
services, or other property exceeding $2,000 and
not exceeding $10,000 in value is a Class 2
felony. Identity theft of credit, money, goods,
services, or other property exceeding $2,000 and
not exceeding $10,000 in value when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving
in a foreign country is a Class 1 felony.
(iv) Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and
not exceeding $100,000 in value is a Class 1
felony. Identity theft of credit, money, goods,

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services, or other property exceeding $10,000 and
not exceeding $100,000 in value when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving
in a foreign country is a Class X felony.
(v) Identity theft of credit, money, goods,
services, or other property exceeding $100,000 in
value is a Class X felony.
(B) A person convicted of any offense enumerated
in paragraphs (2) through (7.5) of subsection (a) is
guilty of a Class 3 felony. A person convicted of any
offense enumerated in paragraphs (2) through (7.5) of
subsection (a) when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is guilty
of a Class 2 felony.
(C) A person convicted of any offense enumerated
in paragraphs (2) through (5) and (7.5) of subsection
(a) a second or subsequent time is guilty of a Class 2
felony. A person convicted of any offense enumerated
in paragraphs (2) through (5) and (7.5) of subsection
(a) a second or subsequent time when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of

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the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(D) A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate persons individuals,
at the same time or consecutively, is guilty of a Class
2 felony. A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate persons individuals,
at the same time or consecutively, when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United States
or of the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(E) A person convicted of identity theft in
violation of paragraph (2) of subsection (a) who uses
any personal identifying information or personal
identification document of another to purchase
methamphetamine manufacturing material as defined in
Section 10 of the Methamphetamine Control and
Community Protection Act with the intent to unlawfully
manufacture methamphetamine is guilty of a Class 2

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felony for a first offense and a Class 1 felony for a
second or subsequent offense. A person convicted of
identity theft in violation of paragraph (2) of
subsection (a) who uses any personal identifying
information or personal identification document of
another to purchase methamphetamine manufacturing
material as defined in Section 10 of the
Methamphetamine Control and Community Protection Act
with the intent to unlawfully manufacture
methamphetamine when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is guilty
of a Class 1 felony for a first offense and a Class X
felony for a second or subsequent offense.
(F) A person convicted of identity theft in
violation of paragraph (8) of subsection (a) of this
Section is guilty of a Class 4 felony.
(2) Aggravated identity theft.
(A) Aggravated identity theft of credit, money,
goods, services, or other property not exceeding $300
in value is a Class 3 felony.
(B) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $300 and
not exceeding $10,000 in value is a Class 2 felony.
(C) Aggravated identity theft of credit, money,

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goods, services, or other property exceeding $10,000
in value and not exceeding $100,000 in value is a Class
1 felony.
(D) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $100,000
in value is a Class X felony.
(E) Aggravated identity theft for a violation of
any offense enumerated in paragraphs (2) through (7.5)
of subsection (a) of this Section is a Class 2 felony.
(F) Aggravated identity theft when a person who,
within a 12-month period, is found in violation of any
offense enumerated in paragraphs (2) through (7.5) of
subsection (a) of this Section with identifiers of, or
other information relating to, 3 or more separate
persons individuals, at the same time or
consecutively, is a Class 1 felony.
(G) 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.
(Source: P.A. 101-324, eff. 1-1-20.)