Full Text of SB3568 96th General Assembly
SB3568 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3568
Introduced 2/10/2010, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/111-4 |
from Ch. 38, par. 111-4 |
820 ILCS 115/11 |
from Ch. 48, par. 39m-11 |
820 ILCS 115/13 |
from Ch. 48, par. 39m-13 |
820 ILCS 115/14 |
from Ch. 48, par. 39m-14 |
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Amends the Code of Criminal Procedure of 1963. Provides that 2 or more acts or transactions in violation of certain provisions of the Illinois Wage Payment and Collection Act may be joined in a single count of an indictment, information, or complaint. Amends the Illinois Wage Payment and Collection Act. Subject to appropriation, provides that the Department of Labor shall establish an administrative procedure to adjudicate claims or specific categories of claims. Establishes procedures for an employee who has not been paid the wage the employee is entitled by the Act to recover by filing a claim with the Department or in a civil action, but not both.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB3568 |
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LRB096 20650 RLC 36363 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 111-4 as follows:
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| (725 ILCS 5/111-4) (from Ch. 38, par. 111-4)
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| Sec. 111-4. Joinder of offenses and defendants.
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| (a) Two or more offenses may be charged in the same | 9 |
| indictment,
information or complaint in a separate count for | 10 |
| each offense if the
offenses charged, whether felonies or | 11 |
| misdemeanors or both, are based on
the same act or on 2 or more | 12 |
| acts which are part of the same comprehensive
transaction.
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| (b) Two or more defendants may be charged in the same | 14 |
| indictment,
information or complaint if they are alleged to | 15 |
| have participated in the
same act or in the same comprehensive | 16 |
| transaction out of which the offense
or offenses arose. Such | 17 |
| defendants may be charged in one or more counts
together or | 18 |
| separately and all of the defendants need not be charged in
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| each count.
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| (c) Two or more acts or transactions in violation of any | 21 |
| provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | 22 |
| 8A-5 of the Illinois
Public Aid Code , Section 14 of the | 23 |
| Illinois Wage Payment and Collection Act , Sections 16-1, 16-2, |
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LRB096 20650 RLC 36363 b |
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| 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3,
16B-2, 16C-2, 17-1, 17-3, | 2 |
| 17-6, 17-7, 17-8, 17-9 or 17-10 of the Criminal Code of
1961 | 3 |
| and Section 118 of Division I of the Criminal Jurisprudence | 4 |
| Act, may
be charged as a single offense in a single count of | 5 |
| the same indictment,
information or complaint, if such acts or | 6 |
| transactions by one or more
defendants are in furtherance of a | 7 |
| single intention and design or if the
property, labor or | 8 |
| services obtained are of the same person or are of
several | 9 |
| persons having a common interest in such property, labor or
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| services. In such a charge, the period between the dates of the | 11 |
| first and
the final such acts or transactions may be alleged as | 12 |
| the date of the
offense and, if any such act or transaction by | 13 |
| any defendant was committed
in the county where the prosecution | 14 |
| was commenced, such county may be
alleged as the county of the | 15 |
| offense.
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| (Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09.)
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| Section 10. The Illinois Wage Payment and Collection Act is | 18 |
| amended by changing Sections 11, 13, and 14 as follows:
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| (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
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| Sec. 11. It shall be the duty of the Department of Labor to | 21 |
| inquire diligently
for any violations of this Act, and to | 22 |
| institute the actions for penalties
herein provided, and to | 23 |
| enforce generally the provisions of this Act.
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| An employee may file a complaint with the Department |
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| alleging violations of the Act by submitting a signed, | 2 |
| completed wage claim application on the form provided by the | 3 |
| Department and by submitting copies of all supporting | 4 |
| documentation. Complaints shall be filed within one year after | 5 |
| the wages, final compensation, or wage supplements were due. | 6 |
| Applications shall be reviewed by the Department to | 7 |
| determine whether there is cause for investigation.
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| The Department shall have the following powers:
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| (a) To investigate and attempt equitably to adjust | 10 |
| controversies between
employees and employers in respect | 11 |
| of wage claims arising under this Act
and to that end the | 12 |
| Department through the Director of Labor or any other
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| person in the Department of Labor designated by him or her, | 14 |
| shall have the
power to administer oaths, subpoena and | 15 |
| examine witnesses, to issue subpoenas
duces tecum | 16 |
| requiring the production of such books, papers, records and
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| documents as may be evidence of any matter under inquiry | 18 |
| and to examine and
inspect the same as may relate to the | 19 |
| question in dispute. Service of such
subpoenas shall be | 20 |
| made by any sheriff or any person. Any
court in this State, | 21 |
| upon the application of the Department
may compel | 22 |
| attendance of witnesses, the
production of books and | 23 |
| papers, and the giving of testimony before the
Department | 24 |
| by attachment for contempt or in any other way as the | 25 |
| production
of evidence may be compelled before such court.
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| (b) To take assignments of wage claims in the name of |
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| the Director of
Labor and his or her successors in office | 2 |
| and prosecute actions for the
collection of wages for | 3 |
| persons financially unable to prosecute such claims when in
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| the judgment of the Department such claims are valid and | 5 |
| enforceable in the
courts. No court costs or any fees for | 6 |
| necessary process and
proceedings shall be payable in | 7 |
| advance by the Department for prosecuting
such actions. In | 8 |
| the event there is a judgment rendered against the
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| defendant, the court shall assess as part of such judgment | 10 |
| the costs of
such proceeding. Upon collection of such | 11 |
| judgments the Department shall pay
from the proceeds of | 12 |
| such judgment such costs to such person who is by law
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| entitled to same. The Department may join in a single | 14 |
| proceeding any number
of wage claims against the same | 15 |
| employer but the court shall have
discretionary power to | 16 |
| order a severance or separate trial for hearings.
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| (c) To make complaint in any court of competent | 18 |
| jurisdiction of
violations of this Act.
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| (d) Subject to appropriations, to establish an | 20 |
| administrative procedure to adjudicate claims or specific | 21 |
| categories of claims, including instances where an | 22 |
| employer fails to timely respond to a notice of claim | 23 |
| issued by the Department, filed with the Department for | 24 |
| $3,000 or less per individual employee, exclusive of | 25 |
| penalties, costs and fines; and to issue final and binding | 26 |
| administrative decisions subject to the Administrative |
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| Review Law. To establish such a procedure, the Director of | 2 |
| Labor or his or her authorized representative may | 3 |
| promulgate rules and regulations. The adoption, amendment | 4 |
| or rescission of rules and regulations for such a procedure | 5 |
| shall be in conformity with the requirements of the | 6 |
| Illinois Administrative Procedure Act. | 7 |
| Nothing herein shall be construed to prevent any employee | 8 |
| from making
complaint or prosecuting his or her own claim for | 9 |
| wages. Any employee aggrieved by a violation of this Act or any | 10 |
| rule adopted under this Act may file suit in circuit court of | 11 |
| Illinois, in the county where the alleged offense occurred or | 12 |
| where any employee who is party to the action resides, without | 13 |
| regard to exhaustion of any alternative administrative | 14 |
| remedies provided in this Act. Actions may be brought by one or | 15 |
| more employees for and on behalf of themselves and other | 16 |
| employees similarly situated.
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| Nothing herein shall be construed to limit the authority of | 18 |
| the State's
attorney of any county to prosecute actions for | 19 |
| violation of this Act or
to enforce the provisions thereof | 20 |
| independently and without specific direction
of the Department | 21 |
| of Labor.
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| (Source: P.A. 95-209, eff. 8-16-07.)
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| (820 ILCS 115/13) (from Ch. 48, par. 39m-13)
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| Sec. 13.
In addition to an individual who is deemed to be | 25 |
| an employer pursuant to Section 2 of this Act, any Any officers |
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| of a corporation or agents of an employer who knowingly
permit | 2 |
| such employer to violate the provisions of this Act shall be | 3 |
| deemed
to be the employers of the employees of the corporation.
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| (Source: P.A. 78-914.)
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| (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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| Sec. 14. | 7 |
| (a) Any employee not timely paid wages, final compensation, | 8 |
| or wage supplements by his or her employer as required by this | 9 |
| Act shall be entitled to recover through a claim filed with the | 10 |
| Department of Labor or in a civil action, but not both, the | 11 |
| amount of any such underpayments and damages of 2% of the | 12 |
| amount of any such underpayments for each month following the | 13 |
| date of payment during which such underpayments remain unpaid. | 14 |
| In a civil action, such employee shall also recover costs and | 15 |
| all reasonable attorney's fees. | 16 |
| (a-5) Any employer or any agent of an employer, who, being | 17 |
| able to pay wages,
final compensation, or wage supplements and | 18 |
| being under a duty to pay,
wilfully refuses to pay as provided | 19 |
| in this Act, or falsely denies the
amount or validity thereof | 20 |
| or that the same is due, with intent to secure
for himself or | 21 |
| other person any underpayment of such indebtedness or with
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| intent to annoy, harass, oppress, hinder, delay or defraud the | 23 |
| person to
whom such indebtedness is due, upon conviction, is | 24 |
| guilty of : | 25 |
| (1) for unpaid wages, final compensation or wage |
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LRB096 20650 RLC 36363 b |
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| supplements in the amount of $500 or less, a Class A | 2 |
| misdemeanor; or | 3 |
| (2) for unpaid wages, final compensation or wage | 4 |
| supplements in the amount of more than $500, a Class 4 | 5 |
| felony a Class C
misdemeanor . | 6 |
| Each day during which any violation of this Act continues
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| shall constitute a separate and distinct offense.
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| (b) Any employer who has been demanded by the Director of | 9 |
| Labor or ordered by the court
to pay wages , final compensation, | 10 |
| or wage supplements due an employee shall also be liable to the | 11 |
| Department of Labor for 20% of such unpaid wages and required | 12 |
| to pay a non-waivable administrative fee of $250 to the | 13 |
| Department of Labor. If an employer fails to pay penalties or | 14 |
| wages that have been so ordered and who shall fail to do so | 15 |
| within 15 calendar days
after such demand or order is entered , | 16 |
| the employer shall also be liable to pay an additional a | 17 |
| penalty of 1% per
calendar day to the employee for each day of | 18 |
| delay in paying such wages to
the employee up to an amount | 19 |
| equal to twice the sum of unpaid wages due the
employee. Such | 20 |
| employer shall also be liable to the Department of Labor for | 21 |
| 20% of such unpaid wages . All moneys recovered as fees and | 22 |
| civil fines under this Act shall be paid into the Wage Theft | 23 |
| Enforcement Fund, a special fund which is hereby created in the | 24 |
| State treasury. Moneys in the Fund may be used only for | 25 |
| enforcement of this Act.
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| (b-5) Penalties , fines and fees under this Section may be |
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| recovered in a civil action brought by the Director in any | 2 |
| circuit court or in any administrative adjudicative proceeding | 3 |
| under this Act . In any such this litigation, the Director of | 4 |
| Labor shall be represented by the Attorney General.
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| (c) Any employer, or any agent of an employer, who | 6 |
| knowingly discharges
or in any other manner knowingly | 7 |
| discriminates against any employee because
that employee
has | 8 |
| made a complaint to his employer, or to the Director of Labor | 9 |
| or his
authorized representative, in a public hearing, or to a | 10 |
| community organization that he or she has not been paid in | 11 |
| accordance
with the provisions of this Act, or because that | 12 |
| employee has caused to
be instituted any proceeding under or | 13 |
| related to this Act, or because that
employee has testified or | 14 |
| is about to testify in an investigation or proceeding
under | 15 |
| this Act, is guilty, upon conviction, of a Class C misdemeanor. | 16 |
| An employee who has been unlawfully retaliated against shall be | 17 |
| entitled to recover through a claim filed with the Department | 18 |
| of Labor or in a civil action, but not both, all legal and | 19 |
| equitable relief as may be appropriate. In a civil action, such | 20 |
| employee shall also recover costs and all reasonable attorney's | 21 |
| fees.
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| (Source: P.A. 94-1025, eff. 7-14-06; 95-209, eff. 8-16-07.)
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