Bill Text: IL SB3169 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Identification Card Act. Provides that information concerning a non-existent address used to obtain an identification card is false information for the purposes of a particular provision of the Act. Amends the Illinois Vehicle Code. Provides that information concerning a non-existent address used to obtain a driver's license or permit is false information for the purposes of a particular provision of the Code. Also makes technical changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2010-07-20 - Public Act . . . . . . . . . 96-1120 [SB3169 Detail]

Download: Illinois-2009-SB3169-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Identification Card Act is amended
by changing Section 14A as follows:
(15 ILCS 335/14A) (from Ch. 124, par. 34A)
Sec. 14A. Fictitious or unlawfully altered identification
card.
(a) As used in this Section:
1. "A fictitious identification card" means any issued
identification card for which a computerized number and
file have been created by the Secretary of State, the
United States Government, any other state or political
subdivision thereof, or any governmental or
quasi-governmental organization that contains false
information concerning the identity of the individual
issued the identification card. ;
2. "False information" means:
(A) Any any information concerning an individual's
the legal name, address, sex, date of birth, or social
security number or any photograph that (i) falsifies
all or in part the actual identity of the individual
issued the identification card, (ii) in the case of

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information concerning an address, is information
concerning a non-existent address that is used to
obtain the identification card, or (iii) is any
combination of items (i) and (ii) of this subparagraph
(A). ;
(B) Any photograph that falsifies all or in part
the actual identity of the individual issued the
identification card.
3. "An unlawfully altered identification card" means
any issued identification card for which a computerized
number and file have been created by the Secretary of
State, the United States Government, any other state or
political subdivision thereof, or any governmental or
quasi-governmental organization that has been physically
altered or changed in such a manner that false information
appears upon the identification card. ;
4. "A document capable of defrauding another"
includes, but is not limited to, any document by which any
right, obligation, or power with reference to any person or
property may be created, transferred, altered, or
terminated. ;
5. An "identification document" or "identification
card" means any document made or issued by or under the
authority of the United States Government, the State of
Illinois, or any other state or political subdivision
thereof, or any other governmental or quasi-governmental

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organization which, when completed with information
concerning the individual, is of a type intended or
commonly accepted for the purpose of identification of an
individual.
(b) It is a violation of this Section for any person:
1. To knowingly possess, display, or cause to be
displayed any fictitious or unlawfully altered
identification card;
2. To knowingly possess, display, or cause to be
displayed any fictitious or unlawfully altered
identification card for the purpose of obtaining any
account, credit, credit card, or debit card from a bank,
financial institution, or retail mercantile establishment;
3. To knowingly possess any fictitious or unlawfully
altered identification card with the intent to commit a
theft, deception, or credit or debit card fraud in
violation of any law of this State or any law of any other
jurisdiction;
4. To knowingly possess any fictitious or unlawfully
altered identification card with the intent to commit any
other violation of any law of this State or any law of any
other jurisdiction for which a sentence to a term of
imprisonment in a penitentiary for one year or more is
provided;
5. To knowingly possess any fictitious or unlawfully
altered identification card while in unauthorized

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possession of any document, instrument, or device capable
of defrauding another;
6. To knowingly possess any fictitious or unlawfully
altered identification card with the intent to use the
identification card to acquire any other identification
document;
7. To knowingly issue or assist in the issuance of any
fictitious identification card;
8. To knowingly alter or attempt to alter any
identification card;
9. To knowingly manufacture, possess, transfer, or
provide any identification document whether real or
fictitious for the purpose of obtaining a fictitious
identification card;
10. To make application for the purpose of obtaining a
fictitious identification card for another person;
11. To obtain the services of another person to make
application for the purpose of obtaining a fictitious
identification card.
(c) Sentence.
1. Any person convicted of a violation of paragraph 1,
10, or 11 of subsection (b) of this Section shall be guilty
of a Class 4 felony. A person convicted of a second or
subsequent violation shall be guilty of a Class 3 felony
and shall be sentenced to a minimum fine of $500 or 50
hours of community service, preferably at an alcohol abuse

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prevention program, if available.
2. Any person convicted of a violation of paragraph 1
of subsection (b) of this Section who at the time of arrest
had in his possession two or more fictitious or unlawfully
altered identification cards shall be guilty of a Class 4
felony.
3. Any person convicted of a violation of paragraph 2
through 9 of subsection (b) of this Section shall be guilty
of a Class 4 felony. A person convicted of a second or
subsequent violation shall be guilty of a Class 3 felony.
(d) This Section does not prohibit any lawfully authorized
investigative, protective, law enforcement or other activity
of any agency of the United States, State of Illinois, or any
other state or political subdivision thereof.
(Source: P.A. 93-895, eff. 1-1-05.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 6-301.1 as follows:
(625 ILCS 5/6-301.1) (from Ch. 95 1/2, par. 6-301.1)
Sec. 6-301.1. Fictitious or unlawfully altered driver's
license or permit.
(a) As used in this Section:
1. "A fictitious driver's license or permit" means any
issued license or permit for which a computerized number
and file have been created by the Secretary of State or

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other official driver's license agency in another
jurisdiction which contains false information concerning
the identity of the individual issued the license or
permit. ;
2. "False information" means:
(A) Any any information concerning an individual's
the legal name, address, sex, date of birth, or social
security number or any photograph that (i) falsifies
all or in part the actual identity of the individual
issued the license or permit, (ii) in the case of
information concerning an address, is information
concerning a non-existent address that is used to
obtain the license or permit, or (iii) is any
combination of items (i) and (ii) of this subparagraph
(A). ;
(B) Any photograph that falsifies all or in part
the actual identity of the individual issued the
license or permit.
3. "An unlawfully altered driver's license or permit"
means any issued license or permit for which a computerized
number and file have been created by the Secretary of State
or other official driver's license agency in another
jurisdiction which has been physically altered or changed
in such a manner that false information appears upon the
license or permit. ;
4. "A document capable of defrauding another"

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includes, but is not limited to, any document by which any
right, obligation, or power with reference to any person or
property may be created, transferred, altered, or
terminated. ;
5. "An identification document" means any document
made or issued by or under the authority of the United
States Government, the State of Illinois, or any other
state or political subdivision thereof, or any other
governmental or quasi-governmental organization which,
when completed with information concerning the individual,
is of a type intended or commonly accepted for the purpose
of identification of an individual. ;
6. "Common carrier" means any public or private
provider of transportation, whether by land, air, or water.
(b) It is a violation of this Section for any person:
1. To knowingly possess any fictitious or unlawfully
altered driver's license or permit;
2. To knowingly possess, display, or cause to be
displayed any fictitious or unlawfully altered driver's
license or permit for the purpose of obtaining any account,
credit, credit card, or debit card from a bank, financial
institution, or retail mercantile establishment;
3. To knowingly possess any fictitious or unlawfully
altered driver's license or permit with the intent to
commit a theft, deception, or credit or debit card fraud in
violation of any law of this State or any law of any other

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jurisdiction;
4. To knowingly possess any fictitious or unlawfully
altered driver's license or permit with the intent to
commit any other violation of any law of this State or any
law of any other jurisdiction for which a sentence to a
term of imprisonment in a penitentiary for one year or more
is provided;
5. To knowingly possess any fictitious or unlawfully
altered driver's license or permit while in possession
without authority of any document, instrument, or device
capable of defrauding another;
6. To knowingly possess any fictitious or unlawfully
altered driver's license or permit with the intent to use
the license or permit to acquire any other identification
document;
7. To knowingly issue or assist in the issuance of any
fictitious driver's license or permit;
8. To knowingly alter or attempt to alter any driver's
license or permit;
9. To knowingly manufacture, possess, transfer, or
provide any identification document whether real or
fictitious for the purpose of obtaining a fictitious
driver's license or permit;
10. To knowingly use any fictitious or unlawfully
altered driver's license or permit to purchase or attempt
to purchase any ticket for a common carrier or to board or

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attempt to board any common carrier;
11. To knowingly possess any fictitious or unlawfully
altered driver's license or permit if the person has at the
time a different driver's license issued by the Illinois
Secretary of State or other official driver's license
agency in another jurisdiction that is suspended or
revoked.
(c) Sentence.
1. Any person convicted of a violation of paragraph 1
of subsection (b) of this Section shall be guilty of a
Class A misdemeanor and shall be sentenced to minimum fine
of $500 or 50 hours of community service, preferably at an
alcohol abuse prevention program, if available. A person
convicted of a second or subsequent violation shall be
guilty of a Class 4 felony.
2. Any person convicted of a violation of paragraph 3
of subsection (b) of this Section who at the time of arrest
had in his possession two or more fictitious or unlawfully
altered driver's licenses or permits shall be guilty of a
Class 4 felony.
3. Any person convicted of a violation of any of
paragraphs 2 through 11 of subsection (b) of this Section
shall be guilty of a Class 4 felony. A person convicted of
a second or subsequent violation shall be guilty of a Class
3 felony.
(d) This Section does not prohibit any lawfully authorized

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investigative, protective, law enforcement, or other activity
of any agency of the United States, State of Illinois, or any
other state or political subdivision thereof.
(Source: P.A. 92-673, eff. 1-1-03; 93-895, eff. 1-1-05.)