Full Text of HB3614 97th General Assembly
HB3614 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3614 Introduced 2/24/2011, by Rep. Renée Kosel SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 17-24 as follows:
| 6 | | (720 ILCS 5/17-24)
| 7 | | Sec. 17-24. Fraudulent schemes and artifices.
| 8 | | (a) Fraud by wire, radio, or television .
| 9 | | (1) A person commits wire fraud when he or she:
| 10 | | (A) devises or intends to devise a scheme or | 11 | | artifice to defraud or to
obtain money or property by | 12 | | means of false pretenses, representations, or
| 13 | | promises , or ; and
| 14 | | (B) to sell, dispose of, loan, exchange, alter,
| 15 | | give away, distribute, supply, or furnish or procure | 16 | | for unlawful use any
counterfeit obligation, security, | 17 | | or other article, or anything represented to
be or | 18 | | intimated or held out to be such counterfeit or | 19 | | spurious article.
| 20 | | (B) (i) transmits or causes to be transmitted from | 21 | | within this State;
or
| 22 | | (ii) transmits or causes to
be transmitted so | 23 | | that it is received by a person within this State; |
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| 1 | | or
| 2 | | (iii) transmits or causes to be transmitted so | 3 | | that it is reasonably
foreseeable that it will be | 4 | | accessed by a person within this State:
| 5 | | any writings, signals, pictures, sounds, or electronic or | 6 | | electric impulses
by means of wire, radio, or television | 7 | | communications for the purpose of
executing the scheme or | 8 | | artifice.
| 9 | | (2) (Blank). A scheme or artifice to defraud using
| 10 | | electronic transmissions is deemed to occur in the county | 11 | | from which a
transmission is sent, if the transmission is | 12 | | sent from within this State, the
county in which a person | 13 | | within this State receives the transmission, and the
county | 14 | | in which a person who is within this State is located when | 15 | | the person
accesses a transmission.
| 16 | | (3) Fraud Wire fraud is a Class 3 felony.
| 17 | | (b) (Blank). Mail fraud.
| 18 | | (1) A person commits mail fraud when he or she:
| 19 | | (A) devises or intends to devise any scheme or | 20 | | artifice to defraud or to
obtain money or property by | 21 | | means of false or fraudulent pretenses,
| 22 | | representations or promises, or to sell, dispose of, | 23 | | loan, exchange, alter,
give away, distribute, supply, | 24 | | or furnish or procure for unlawful use any
counterfeit | 25 | | obligation, security, or other article, or anything | 26 | | represented to
be or intimated or held out to be such |
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| 1 | | counterfeit or spurious article; and
| 2 | | (B) for the purpose of executing such scheme or | 3 | | artifice or attempting
so to do, places in any post | 4 | | office or authorized depository for mail matter
within | 5 | | this State, any matter or thing whatever to be | 6 | | delivered by the Postal
Service, or deposits or causes | 7 | | to be deposited in this State by mail or by
private or | 8 | | commercial carrier according to the direction on the | 9 | | matter or
thing, or at the place at which it is | 10 | | directed to be delivered by the person to
whom it is | 11 | | addressed, any such matter or thing.
| 12 | | (2) A scheme or artifice to defraud using a government | 13 | | or private carrier
is deemed to occur in the county in | 14 | | which mail or other matter is deposited
with the Postal | 15 | | Service or a private commercial carrier for delivery, if
| 16 | | deposited with the Postal Service or a private or | 17 | | commercial carrier within
this State and the county in | 18 | | which a person within this State receives the mail
or other | 19 | | matter from the Postal Service or a private or commercial | 20 | | carrier.
| 21 | | (3) Mail fraud is a Class 3 felony.
| 22 | | (c) (Blank).
| 23 | | (d) The period of limitations for prosecution of any | 24 | | offense defined in this
Section begins at the time when the | 25 | | last act in furtherance of the scheme or
artifice is committed.
| 26 | | (e) In this Section:
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| 1 | | (1) "Scheme or artifice to defraud" includes a scheme | 2 | | or artifice to
deprive another of the intangible right to | 3 | | honest services.
| 4 | | (2) (Blank).
| 5 | | (Source: P.A. 96-1000, eff. 7-2-10.)
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