SB1699 EngrossedLRB097 09596 RLC 49733 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 16H-60 as follows:
 
6    (720 ILCS 5/16H-60)
7    Sec. 16H-60. Sentence.
8    (a) A financial crime, the full value of which does not
9exceed $500, is a Class A misdemeanor.
10    (b) A person who has been convicted of a financial crime,
11the full value of which does not exceed $500, and who has been
12previously convicted of a financial crime or any type of theft,
13robbery, armed robbery, burglary, residential burglary,
14possession of burglary tools, or home invasion, is guilty of a
15Class 4 felony. When a person has such prior conviction, the
16information or indictment charging that person shall state such
17prior conviction so as to give notice of the State's intention
18to treat the charge as a felony. The fact of such prior
19conviction is not an element of the offense and may not be
20disclosed to the jury during trial unless otherwise permitted
21by issues properly raised during such trial.
22    (c) A financial crime, the full value of which exceeds $500
23but does not exceed $10,000, is a Class 3 felony. When a charge

 

 

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1of financial crime, the full value of which exceeds $500 but
2does not exceed $10,000, is brought, the value of the financial
3crime involved is an element of the offense to be resolved by
4the trier of fact as either exceeding or not exceeding $500.
5    (d) A financial crime, the full value of which exceeds
6$10,000 but does not exceed $100,000, is a Class 2 felony. When
7a charge of financial crime, the full value of which exceeds
8$10,000 but does not exceed $100,000, is brought, the value of
9the financial crime involved is an element of the offense to be
10resolved by the trier of fact as either exceeding or not
11exceeding $10,000.
12    (e) A financial crime, the full value of which exceeds
13$100,000 but does not exceed $500,000, is a Class 1 felony.
14When a charge of financial crime, the full value of which
15exceeds $100,000 but does not exceed $500,000, is brought, the
16value of the financial crime involved is an element of the
17offense to be resolved by the trier of fact as either exceeding
18or not exceeding $100,000.
19    (f) A financial crime which is a financial institution
20robbery is a Class 1 felony.
21    (g) A financial crime which is a continuing financial
22crimes enterprise is a Class 1 felony.
23    (h) A financial crime which is the offense of being an
24organizer of a continuing financial crimes enterprise is a
25Class X felony.
26    (i) (Blank).

 

 

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1    (j) A financial crime, the full value of which exceeds
2$500,000 but does not exceed $1,000,000, is a Class 1
3non-probationable felony. When a charge of financial crime, the
4full value of which exceeds $500,000 but does not exceed
5$1,000,000, is brought, the value of the financial crime
6involved is an element of the offense to be resolved by the
7trier of fact as either exceeding or not exceeding $500,000.
8    (k) A financial crime, the full value of which exceeds
9$1,000,000, is a Class X felony. When a charge of financial
10crime, the full value of which exceeds $1,000,000, is brought,
11the value of the financial crime involved is an element of the
12offense to be resolved by the trier of fact as either exceeding
13or not exceeding $1,000,000.
14(Source: P.A. 96-534, eff. 8-14-09; 96-1301, eff. 1-1-11.)