SB 151 — CRIM CD-ID THEFT-RFID-FELONY

SB0151 EngrossedEnrolled LRB097 06635 RLC 46721 b AN ACT concerning criminal law.

SB0151 EngrossedEnrolled - 2 - LRB097 06635 RLC 46721 b (b) "Personal identifying information" means any of the following information:

(12.5) User names, passwords, and any other word, SB0151 EngrossedEnrolled - 3 - LRB097 06635 RLC 46721 b number, character or combination of the same usable in whole or part to access information relating to a specific individual, or to the actions taken, communications made or received, or other activities or transactions of a specific individual.

(5) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state SB0151 EngrossedEnrolled - 4 - LRB097 06635 RLC 46721 b identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:

(f) "RFID tag or transponder" means a chip or device that contains personal identifying information from which the personal identifying information can be read or decoded by SB0151 EngrossedEnrolled - 5 - LRB097 06635 RLC 46721 b another device emitting a radio frequency that activates or powers a radio frequency emission response from the chip or transponder.

(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 State law;, or (4) uses, obtains, records, possesses, sells, SB0151 EngrossedEnrolled - 6 - LRB097 06635 RLC 46721 b 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;, or (7.5) uses, possesses, or transfers a radio frequency identification device capable of obtaining or processing SB0151 EngrossedEnrolled - 7 - LRB097 06635 RLC 46721 b 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 commit a felony violation of State law or any violation of this Article;

SB0151 EngrossedEnrolled - 8 - LRB097 06635 RLC 46721 b (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.

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 SB0151 EngrossedEnrolled - 9 - LRB097 06635 RLC 46721 b 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.

The fact of the prior conviction is not an element of the offense and may not be disclosed to the SB0151 EngrossedEnrolled - 10 - LRB097 06635 RLC 46721 b jury during trial unless otherwise permitted by issues properly raised during the trial.

Identity theft of credit, money, goods, services, or other property exceeding $10,000 and not exceeding SB0151 EngrossedEnrolled - 11 - LRB097 06635 RLC 46721 b $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.

(4) A person who, within a 12 month period, is found in SB0151 EngrossedEnrolled - 12 - LRB097 06635 RLC 46721 b violation of any offense enumerated in paragraphs (2) through (7.5) (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 convicted of identity theft in violation of paragraph (2) of subsection (a) who uses any personal identification information or personal identification document of another SB0151 EngrossedEnrolled - 13 - LRB097 06635 RLC 46721 b 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.

SB0151 EngrossedEnrolled - 14 - LRB097 06635 RLC 46721 b For purposes of this Section, "organized gang" has the meaning ascribed to that term in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

(4) Aggravated identity theft of credit, money, goods, SB0151 EngrossedEnrolled - 15 - LRB097 06635 RLC 46721 b services, or other property exceeding $100,000 in value is a Class X felony.