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Public Act 91-0155
SB731 Enrolled LRB9100329RCpc
AN ACT to amend the Criminal Code of 1961 by adding
Section 17B-0.05 and re-enacting the heading of Article 17B
and Sections 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25,
and 17B-30.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
adding Section 17B-0.05 and re-enacting the heading of
Article 17B and Sections 17B-1, 17B-5, 17B-10, 17B-15,
17B-20, 17B-25, and 17B-30 as follows:
(720 ILCS 5/Art. 17B heading)
ARTICLE 17B. WIC FRAUD
(720 ILCS 5/17B-0.05 new)
Sec. 17B-0.05. Re-enactment; findings; purposes.
(a) The General Assembly finds and declares that:
(1) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions adding the WIC
Fraud Article to the Criminal Code of 1961. Section 50-5
also contained other provisions.
(2) In addition, Public Act 88-680 was entitled "An
Act to create a Safe Neighborhoods Law". (i) Article 5
was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (ii) Article 15 was entitled GANGS
and amended various provisions of the Criminal Code of
1961 and the Unified Code of Corrections. (iii) Article
20 was entitled ALCOHOL ABUSE and amended various
provisions of the Illinois Vehicle Code. (iv) Article 25
was entitled DRUG ABUSE and amended the Cannabis Control
Act and the Illinois Controlled Substances Act. (v)
Article 30 was entitled FIREARMS and amended the Criminal
Code of 1961 and the Code of Criminal Procedure of 1963.
(vi) Article 35 amended the Criminal Code of 1961, the
Rights of Crime Victims and Witnesses Act, and the
Unified Code of Corrections. (vii) Article 40 amended
the Criminal Code of 1961 to increase the penalty for
compelling organization membership of persons. (viii)
Article 45 created the Secure Residential Youth Care
Facility Licensing Act and amended the State Finance Act,
the Juvenile Court Act of 1987, the Unified Code of
Corrections, and the Private Correctional Facility
Moratorium Act. (ix) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card
Act, the Juvenile Court Act of 1987, the Criminal Code of
1961, the Wrongs to Children Act, and the Unified Code of
Corrections.
(3) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single subject
clause of the Illinois Constitution (Article IV, Section
8 (d)) and was unconstitutional in its entirety. As of
the time this amendatory Act of 1999 was prepared, People
v. Dainty was still subject to appeal.
(4) WIC fraud is a vital concern to the people of
this State and the validity of future prosecutions under
the WIC fraud provisions of the Criminal Code of 1961 is
in grave doubt.
(b) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions for
WIC fraud that may result from challenges to the
constitutional validity of Public Act 88-680 by re-enacting
the Sections relating to WIC fraud that were included in
Public Act 88-680.
(c) This amendatory Act of 1999 re-enacts Article 17B of
the Criminal Code of 1961, as it has been amended. This
re-enactment is intended to remove any question as to the
validity or content of that Article; it is not intended to
supersede any other Public Act that amends the text of a
Section as set forth in this amendatory Act of 1999. Except
for a grammatical correction in Section 17B-10 and a
correction of the Section number to Section 17B-30, the
material is shown as existing text (i.e., without
underscoring) because, as of the time this amendatory Act of
1999 was prepared, People v. Dainty was subject to appeal to
the Illinois Supreme Court.
(d) The re-enactment by this amendatory Act of 1999 of
certain Sections relating to WIC fraud that were enacted by
Public Act 88-680 is not intended, and shall not be
construed, to imply that Public Act 88-680 is invalid or to
limit or impair any legal argument concerning whether those
provisions were substantially re-enacted by other Public
Acts.
(720 ILCS 5/17B-1)
Sec. 17B-1. Legislative Intent. Because of the
pervasive nature of fraud in the Special Supplemental Food
Program for Women, Infants and Children (known as WIC) and
the negative effect of that fraud on the People of the State
of Illinois and those individuals who need WIC benefits, the
General Assembly declares it to be public policy that Special
Supplemental Food Program for Women, Infants and Children
(WIC) Benefits Fraud be identified and dealt with swiftly and
appropriately considering the onerous nature of the crime.
(Source: P.A. 88-680, eff. 1-1-95.)
(720 ILCS 5/17B-5)
Sec. 17B-5. Violations. A person who knowingly (i)
uses, acquires, possesses, or transfers Illinois Department
of Public Health or Department of Human Services Special
Supplemental Food Program for Women, Infants and Children
(WIC) Food Instruments or authorizations to participate in
the Illinois Department of Public Health or Department of
Human Services Special Supplemental Food Program for Women,
Infants and Children (WIC) in any manner not authorized by
law or the rules of the Illinois Department of Public Health
or Department of Human Services or (ii) alters, uses,
acquires, possesses, or transfers altered Illinois Department
of Public Health or Department of Human Services Special
Supplemental Food Program for Women, Infants and Children
(WIC) Food Instruments or authorizations to participate in
the Illinois Department of Public Health or Department of
Human Services Special Supplemental Food Program for Women,
Infants and Children (WIC) is guilty of a violation of this
Article and shall be punished as provided in Section 17B-20.
(Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
(720 ILCS 5/17B-10)
Sec. 17B-10. Administrative malfeasance.
(a) A person who misappropriates, misuses, or unlawfully
withholds or converts to his or her own use or to the use of
another any public funds made available for the Illinois
Department of Public Health or Department of Human Services
Special Supplemental Food Program for Women, Infants and
Children (WIC) is guilty of a violation of this Article and
shall be punished as provided in Section 17B-20.
(b) An official or employee of a State, county, or unit
of local government who willfully facilitates, aids, abets,
assists, or knowingly participates in a known violation of
Section 17B-5, 17B-10, or 17B-15 is subject to disciplinary
proceedings under the rules of the applicable Illinois
Department or unit of local government.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
89-377, eff. 8-18-95; 89-507, eff. 7-1-97; revised 10-31-98.)
(720 ILCS 5/17B-15)
Sec. 17B-15. Unauthorized possession of identification
document. Any person who possesses for an unlawful purpose
another person's identification document issued by the
Illinois Department of Public Health or Department of Human
Services is guilty of a Class 4 felony. For purposes of this
Section, "identification document" includes, but is not
limited to, an authorization to participate in the Illinois
Department of Public Health or Department of Human Services
Special Supplemental Food Program for Women, Infants and
Children (WIC) or a card or other document that identifies a
person as being entitled to benefits in the Illinois
Department of Public Health or Department of Human Services
Special Supplemental Food Program for Women, Infants and
Children (WIC).
(Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
(720 ILCS 5/17B-20)
Sec. 17B-20. Penalties.
(a) If a person, firm, corporation, association, agency,
institution, or other legal entity is found by a court to
have engaged in an act, practice, or course of conduct
declared unlawful under Sections 17B-5 or 17B-15 of this
Article and:
(1) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is less than $150, the violation is a
Class A misdemeanor;
(2) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is $150 or more but less than $1,000, the
violation is a Class 4 felony;
(3) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is $1,000 or more but less than $5,000,
the violation is a Class 3 felony;
(4) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities is $5,000 or more but less than $10,000,
the violation is a Class 2 felony; or
(5) the total amount of money involved in the
violation, including the monetary value of Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities is $10,000 or more, the violation is a
Class 1 felony and the defendant shall be permanently
ineligible to participate in the Illinois Department of
Public Health or Department of Human Services Special
Supplemental Food Program for Women, Infants and Children
(WIC).
The State's Attorney of the County in which the violation
of this Article occurred or the Attorney General shall bring
actions arising under this Article in the name of the people
of the State of Illinois.
(b) If a person, firm, corporation, association, agency,
institution, or other legal entity commits a second or
subsequent violation of this Article and:
(1) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is less than $150, the violation is a
Class 4 felony;
(2) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is $150 or more but less than $1,000, the
violation is a Class 3 felony;
(3) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is $1,000 or more but less than $5,000,
the violation is a Class 2 felony; or
(4) the total amount of money involved in the
violation, including the monetary value of the Illinois
Department of Public Health or Department of Human
Services Special Supplemental Food Program for Women,
Infants and Children (WIC) Food Instruments and the value
of commodities, is $5,000 or more but less than $10,000,
the violation is a Class 1 felony.
(c) For purposes of determining the classification of
offense under this Section, all of the money received as a
result of the unlawful act, practice, or course of conduct,
including the value of any WIC Food Instruments, shall be
aggregated.
(Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
89-507, eff. 7-1-97.)
(720 ILCS 5/17B-25)
Sec. 17B-25. Forfeiture.
(a) A person who commits a felony violation of this
Article shall forfeit, according to this Section, (i) any
moneys, profits, or proceeds the person acquired, in whole or
in part, as a result of committing the violation and (ii) any
property or interest in property that the sentencing court
determines the person acquired, in whole or in part, as a
result of committing the violation or the person maintained
or used, in whole or in part, to facilitate, directly or
indirectly, the commission of the violation. The person shall
forfeit any interest in, securities of claim against, or
contractual right of any kind that affords the person a
source of influence over, any enterprise that the person has
established, operated, controlled, conducted, or participated
in conducting, if the person's relationship to or connection
with the interest, security of claim, or contractual right,
directly or indirectly, in whole or in part, is traceable to
any thing or benefit that the person has obtained or acquired
as a result of a felony violation of this Article.
(b) The following items are subject to forfeiture:
(1) All moneys, things of value, books, records,
and research products and materials that are used or
intended to be used in committing a felony violation of
this Article.
(2) Everything of value furnished, or intended to
be furnished, in exchange for a substance in violation of
this Article, all proceeds traceable to that exchange,
and all moneys, negotiable instruments, and securities
used or intended to be used to commit or in any manner to
facilitate the commission of a felony violation of this
Article.
(3) All real property, including any right, title,
and interest (including, but not limited to, any
leasehold interest or the beneficial interest in a land
trust) in the whole of any lot or tract of land and any
appurtenances or improvements, that is used or intended
to be used, in any manner or part, to commit or in any
manner to facilitate the commission of a felony violation
of this Article or that is the proceeds of any act that
constitutes a felony violation of this Article.
(c) Property subject to forfeiture under this Article
may be seized by the Director of State Police or any local
law enforcement agency upon process or seizure warrant issued
by any court having jurisdiction over the property. The
Director or a local law enforcement agency may seize property
under this Section without process under any of the following
circumstances:
(1) If the seizure is incident to inspection under
an administrative inspection warrant.
(2) If the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding under this Article.
(3) If there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety.
(4) If there is probable cause to believe that the
property is subject to forfeiture under this Article and
the property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable.
(5) In accordance with the Code of Criminal
Procedure of 1963.
(d) Proceedings instituted pursuant to this Section
shall be subject to and conducted in accordance with the
procedures set forth in this subsection.
The sentencing court, on petition by the Attorney General
or State's Attorney at any time following sentencing of the
defendant, shall conduct a hearing to determine whether any
property or property interest of the defendant is subject to
forfeiture under this Section. At the forfeiture hearing the
People have the burden of establishing, by a preponderance of
the evidence, that the property or property interest is
subject to forfeiture.
In an action brought by the People of the State of
Illinois under this Section, in which a restraining order,
injunction, prohibition, or other action in connection with
any property or interest subject to forfeiture under this
Section is sought, the circuit court presiding over the trial
of the person charged with a felony violation of this Article
shall first determine whether there is probable cause to
believe that the person so charged has committed an offense
under this Article and whether the property or interest is
subject to forfeiture under this Section. To make that
determination, before entering an order in connection with
that property or interest, the court shall conduct a hearing
without a jury, at which the People must establish that there
is (i) probable cause that the person charged committed a
felony offense under this Article and (ii) probable cause
that property or interest may be subject to forfeiture under
this Section. The hearing may be conducted simultaneously
with a preliminary hearing, if the prosecution is commenced
by information or complaint, or by motion of the People at
any stage in the proceedings. The court may accept, at a
preliminary hearing, (i) the filing of an information
charging that the defendant committed a felony offense under
this Article (ii) the return of an indictment by a grand jury
charging that the defendant committed a felony offense under
this Article as sufficient evidence of probable cause that
the person committed the offense.
Upon making finding of probable cause, the circuit court
shall enter a restraining order, injunction, or prohibition
or shall take other action in connection with the property or
other interest subject to forfeiture under this Article as is
necessary to insure that the property is not removed from the
jurisdiction of the court, concealed, destroyed, or otherwise
disposed of by the owner of that property or interest before
a forfeiture hearing under this subsection. The Attorney
General or State's Attorney shall file a certified copy of
the restraining order, injunction, or other prohibition with
the recorder or registrar of titles of each county in which
the property may be located. No injunction, restraining
order, or other prohibition issued under this Section shall
affect the rights of any bonafide purchaser, mortgagee,
judgment creditor, or other lien holder that arose before the
date the certified copy is filed.
The court may at any time, on verified petition by the
defendant, conduct a hearing to determine whether all or any
portion of the property or interest, which the court
previously determined to be subject to forfeiture or subject
to any restraining order, injunction, prohibition, or other
action, should be released. The court may in its discretion
release the property to the defendant for good cause shown.
Upon conviction of a person for a felony violation of
this Article, the court shall authorize the Director or State
Police to seize any property or other interest declared
forfeited under this Section on terms and conditions the
court deems proper.
(e) Property taken or detained under this Section shall
not be subject to replevin, but is deemed to be in the
custody of the Director subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the Attorney
General or State's Attorney under this Article. When
property is seized under this Article, the seizing agency
shall promptly conduct an inventory of the seized property
and estimate the property's value and shall forward a copy of
the estimate of the property's value to the Director of State
Police. Upon receiving the notice of seizure, the Director
may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by
the Director.
(3) Keep the property in the possession of the
seizing agency.
(4) Remove the property to a storage area for
safekeeping or, if the property is a negotiable
instrument or money and is not needed for evidentiary
purposes, deposit it in an interest bearing account.
(5) Place the property under constructive seizure
by posting notice of the pending forfeiture on it, by
giving notice of the pending forfeiture to its owners and
interest holders, or by filing a notice of the pending
forfeiture in any appropriate public record relating to
the property.
(6) Provide for another agency or custodian,
including an owner, secured party, or lienholder, to take
custody of the property on terms and conditions set by
the Director.
(f) When property is forfeited under this Article the
Director of State Police shall sell the property unless the
property is required by law to be destroyed or is harmful to
the public. The Director shall distribute the proceeds of
the sale, together with any moneys forfeited or seized, in
accordance with subsection (g). On the application of the
seizing agency or prosecutor who was responsible for the
investigation, arrest, and prosecution that lead to the
forfeiture, however, the Director may return any item of
forfeited property to the seizing agency or prosecutor for
official use in the enforcement of laws relating to this
Article if the agency or prosecutor can demonstrate that the
item requested would be useful to the agency or prosecutor in
their enforcement efforts. When any real property returned
to the seizing agency is sold by the agency or its unit of
government, the proceeds of the sale shall be delivered to
the Director and distributed in accordance with subsection
(g).
(g) Except as provided in subsection (f), all moneys
from penalties and the proceeds of sale of all property
forfeited and seized under this Article shall be distributed
to the WIC program administered by the Illinois Department of
Human Services.
(Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
(720 ILCS 5/17B-30)
Sec. 17B-30. 30. Future participation in the WIC
program. A person who has been convicted of a felony
violation of this Article shall be prohibited from
participating as a WIC vendor for a minimum period of 3 years
following conviction and until the total amount of money
involved in the violation, including the value of WIC Food
Instruments, is repaid to the WIC program. This prohibition
shall extend to any person with management responsibility in
a firm, corporation, association, agency, institution, or
other legal entity that has been convicted of a violation of
this Article and to an officer or person owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor.
(Source: P.A. 88-680, eff. 1-1-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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