90th General Assembly
Summary of SB1335
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Senate Sponsors:
DUDYCZ-BERMAN.

House Sponsors:
DURKIN-MCAULIFFE-CAPPARELLI-LOPEZ-ACEVEDO

Short description: 
CRIM CD-PUBLIC CONTRACTS                                                   

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961 to make a technical change to  a      
   legislative  finding  provision  concerning  interference  with public      
   contracting.                                                                
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          720 ILCS 5/33E-1                                                     
          Adds reference to:                                                   
          720 ILCS 5/33E-2                from Ch. 38, par. 33E-2              
          720 ILCS 5/33E-14 new                                                
          720 ILCS 5/33E-15 new                                                
          720 ILCS 5/33E-16 new                                                
          720 ILCS 5/33E-17 new                                                
          720 ILCS 5/33E-18 new                                                
          730 ILCS 5/5-9-1.3              from Ch. 38, par. 1005-9-1.3         
        Deletes everything.  Amends the  Criminal  Code  of  1961.  Makes      
   various  changes  in the Public Contracts Article of the Criminal Code      
   of 1961.  Provides that a "unit of State or local government" includes      
   a "school  district".   Creates  various  offenses  concerning  school      
   districts relating to making false statements on a vendor application,      
   false entries, unlawful participation, and unlawful stringing of bids.      
   Provides  that  violations  are  Class  3  felonies,  except  that bid      
   stringing is a Class 4 felony. Amends the Unified Code of Corrections.      
   Provides that when a person has been convicted of  a  felony  and  the      
   theft  was  committed  upon  a  school  district,  or  the  person was      
   convicted of various offenses of deception relating  to  certification      
   of  disadvantaged business enterprises, or the new offenses created by      
   this amendatory Act, a fine may be levied by the court  in  an  amount      
   that  is  the  greater  of $10,000 or triple the value of the property      
   that is the subject of the offense.  Provides a distribution scheme of      
   fines levied against a person convicted  of  felony  theft  against  a      
   school  district.  Provides that these fines levied are judgment liens      
   in favor of the school district, State's Attorney of the county  where      
   the violation occurred, and the county clerk.                               
        HOUSE AMENDMENT NO. 1.                                                 
        Provides  that  criminal  violations  apply  to  units  of  local      
   government as well as school districts.  Provides that the  fines  for      
   various  violations  shall  be  distributed  to  these units or school      
   districts.  Also provides that the circuit clerk shall receive 10%  of      
   these fines rather than the county clerk.                                   
          CORRECTIONAL NOTE, H-AM 1                                            
          Corrections population and fiscal impacts are minimal.               
          STATE MANDATES ACT FISCAL NOTE, H-AM 1                               
          Fails to create a State mandate.                                     
          HOME RULE NOTE, H-AM 1                                               
          Fails to preempt home rule authority.                                
          FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts)                   
          No fiscal impact on the Judicial branch.                             
          FISCAL NOTE, H-AM 1 (Dpt. Corrections)                               
          No change from correctional note.                                    
          JUDICIAL NOTE, H-AM 1                                                
          There may be a minimal increase in judicial workloads; no            
          increase in need for the number of judges.                           
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends changing the definition of "stringing" to include           
   job orders as well as contracts. In the offense of misapplication           
   of funds, deletes references to "embezzles, abstracts, purloins".           
   Increases the minimum fine for violations of the Public Contracts           
   Article of the Criminal Code of 1961 from $10,000 to $25,000. Also          
   increases the minimum fine for felony theft and deceptive practices         
   violations from $10,000 to $25,000. Adds a January 1, 1999 effective        
   date.                                                                       
 
Last action on Bill: PUBLIC ACT.............................. 90-0800

   Last action date: 98-12-15

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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