Bill Text: IL SB0118 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of identity theft.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2009-01-30 - Referred to Assignments [SB0118 Detail]

Download: Illinois-2009-SB0118-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB0118 Introduced 1/30/2009, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
720 ILCS 5/16G-15
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the offense of financial identity theft.
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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 1961 is amended by changing
Section 16G-15 as follows:
(720 ILCS 5/16G-15)
Sec. 16G-15. Identity theft.
(a) A person commits the the offense of 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, or
(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
(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
(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
documents were stolen or produced without lawful
authority, or
(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 theft or other
felony violation of State law, or
(6) uses any personal identification 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 identification
information or personal identification document of that
person, without the prior express permission of that
person, or
(7) uses any personal identification 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.

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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.
(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
specified value.
(d) Sentence.
(1) A person convicted of identity theft in violation
of paragraph (1) of subsection (a) shall be sentenced as
follows:
(A) 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 exploitation of an elderly
or disabled person is guilty of a Class 3 felony.

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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 exploitation of an
elderly or disabled person is guilty of a Class 2
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

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of the State's intention to treat the charge as a Class
3 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.
(B) 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.
(C) 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.
(D) Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and not

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exceeding $100,000 in value is a Class 1 felony.
Identity theft of credit, money, goods, 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.
(E) Identity theft of credit, money, goods,
services, or other property exceeding $100,000 in
value is a Class X felony.
(2) A person convicted of any offense enumerated in
paragraphs (2) through (7) of subsection (a) is guilty of a
Class 3 felony. A person convicted of any offense
enumerated in paragraphs (2) through (7) 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.
(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 felony. A person
convicted of any offense enumerated in paragraphs (2)
through (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

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United States or of the Illinois National Guard serving in
a foreign country is guilty of a Class 1 felony.
(4) A person who, within a 12 month period, is found in
violation of any offense enumerated in paragraphs (2)
through (7) of subsection (a) with respect to the
identifiers of, or other information relating to, 3 or more
separate 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) of subsection (a) with respect
to the identifiers of, or other information relating to, 3
or more separate 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.
(5) A person convicted of identity theft in violation
of paragraph (2) of subsection (a) who uses any personal
identification 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 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)

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of subsection (a) who uses any personal identification
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.
(Source: P.A. 94-39, eff. 6-16-05; 94-827, eff. 1-1-07;
94-1008, eff. 7-5-06; 95-60, eff. 1-1-08; 95-331, eff.
8-21-07.)