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Public Act 91-0232
HB1305 Enrolled LRB9101090RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 46-1, 46-1.1, 46-2, and 46-5.
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
changing Sections 46-1, 46-1.1, 46-2, and 46-5 as follows:
(720 ILCS 5/46-1)
Sec. 46-1. Insurance fraud.
(a) A person commits the offense of insurance fraud when
he or she knowingly obtains, attempts to obtain, or causes to
be obtained, by deception, control over the property of an
insurance company or self-insured entity by the making of a
false claim or by causing a false claim to be made on any
policy of insurance issued by an insurance company or by the
making of a false claim to a self-insured entity, intending
to deprive an insurance company or self-insured entity
permanently of the use and benefit of that property.
(b) Sentence.
(1) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
$300 or less is a Class A misdemeanor.
(2) A violation of the Section in which the value
of the property obtained or attempted to be obtained is
more than $300 but not more than $10,000 is a Class 3
felony.
(3) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
more than $10,000 but not more than $100,000 is a Class 2
felony.
(4) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
more than $100,000 is a Class 1 felony.
(c) For the purposes of this Article, where the exact
value of property obtained or attempted to be obtained is
either not alleged by the accused or not specifically set by
the terms of a policy of insurance, the value of the property
shall be the fair market replacement value of the property
claimed to be lost, the reasonable costs of reimbursing a
vendor or other claimant for services to be rendered, or
both.
(d) Definitions. For the purposes of this Article:
(1) "Insurance company" means "company" as defined
under Section 2 of the Illinois Insurance Code.
(2) "Self-insured entity" means any person,
business, partnership, corporation, or organization that
sets aside funds to meet his, her, or its losses or to
absorb fluctuations in the amount of loss, the losses
being charged against the funds set aside or accumulated.
(3) "Obtain", "obtains control", "deception",
"property" and "permanent deprivation" have the meanings
ascribed to those terms in Article 15 of this Code.
(4) "Governmental entity" means each officer,
board, commission, and agency created by the
constitution, whether in the executive, legislative, or
judicial branch of State government; each officer,
department, board, commission, agency, institution,
authority, university, and body politic and corporate of
the State; each administrative unit or corporate
outgrowth of State government that is created by or
pursuant to statute, including units of local government
and their officers, school districts, and boards of
election commissioners; and each administrative unit or
corporate outgrowth of the above and as may be created by
executive order of the Governor.
(5) "False claim" means any statement made to any
insurer, purported insurer, servicing corporation, insurance
broker, or insurance agent, or any agent or employee of the
entities, and made as part of, or in support of, a claim for
payment or other benefit under a policy of insurance, or as
part of, or in support of, an application for the issuance
of, or the rating of, any insurance policy, when the
statement contains any false, incomplete, or misleading
information concerning any fact or thing material to the
claim, or conceals the occurrence of an event that is
material to any person's initial or continued right or
entitlement to any insurance benefit or payment, or the
amount of any benefit or payment to which the person is
entitled.
(6) "Statement" means any assertion, oral, written, or
otherwise, and includes, but is not limited to, any notice,
letter, or memorandum; proof of loss; bill of lading; receipt
for payment; invoice, account, or other financial statement;
estimate of property damage; bill for services; diagnosis or
prognosis; prescription; hospital, medical or dental chart or
other record, x-ray, photograph, videotape, or movie film;
test result; other evidence of loss, injury, or expense;
computer-generated document; and data in any form.
(Source: P.A. 90-333, eff. 1-1-98.)
(720 ILCS 5/46-1.1)
Sec. 46-1.1. Fraud on a governmental entity.
(a) A person commits the offense of fraud on a
governmental entity when he or she knowingly obtains,
attempts to obtain, or causes to be obtained, by deception,
control over the property of any governmental entity by the
making of a false claim of bodily injury or of damage to or
loss or theft of property or by causing a false claim of
bodily injury or of damage to or loss or theft of property to
be made against the governmental entity, intending to deprive
the governmental entity permanently of the use and benefit of
that property.
(b) Sentence.
(1) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
$300 or less is a Class A misdemeanor.
(2) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
more than $300 but not more than $10,000 is a Class 3
felony.
(3) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
more than $10,000 but not more than $100,000 is a Class 2
felony.
(4) A violation of this Section in which the value
of the property obtained or attempted to be obtained is
more than $100,000 is a Class 1 felony.
(Source: P.A. 90-333, eff. 1-1-98.)
(720 ILCS 5/46-2)
Sec. 46-2. Aggravated fraud.
(a) A person commits the offense of aggravated fraud
when he or she, within an 18 month period, obtains, attempts
to obtain, or causes to be obtained, by deception, control
over the property of an insurance company or insurance
companies, a self-insured entity or self-insured entities, or
any governmental entity or governmental entities by the
making of 3 or more false claims or by causing 3 or more
false claims to be made arising out of separate incidents or
transactions in violation of Section 46-1 or 46-1.1 of this
Code.
(b) Sentence. A violation of this Section is a Class 1
felony, regardless of the value of the property obtained,
attempted to be obtained, or caused to be obtained.
(Source: P.A. 90-333, eff. 1-1-98.)
(720 ILCS 5/46-5)
Sec. 46-5. Civil damages for insurance fraud or fraud on
a governmental entity.
(a) A person who knowingly obtains, attempts to obtain,
or causes to be obtained, by deception, control over the
property of any insurance company by the making of a false
claim or by causing a false claim to be made on a policy of
insurance issued by an insurance company, or by the making of
a false claim or by causing a false claim to be made to a
self-insured entity intending to deprive an insurance company
or self-insured entity permanently of the use and benefit of
that property, shall be civilly liable to the insurance
company or self-insured entity that paid the claim or against
whom the claim was made or to the subrogee of that insurance
company or self-insured entity in an amount equal to either 3
times the value of the property wrongfully obtained or, if no
property was wrongfully obtained, twice the value of the
property attempted to be obtained, whichever amount is
greater, plus reasonable attorneys fees. A person who
knowingly obtains, attempts to obtain, or causes to be
obtained, by deception, control over the property of a
governmental entity by the making of a false claim of bodily
injury or of damage to or loss or theft of property,
intending to deprive the governmental entity permanently of
the use and benefit of that property, shall be civilly liable
to the governmental entity that paid the claim or against
whom the claim was made or to the subrogee of the
governmental entity in an amount equal to either 3 times the
value of the property wrongfully obtained or, if property was
not wrongfully obtained, twice the value of the property
attempted to be obtained, whichever amount is greater, plus
reasonable attorneys fees.
(b) An insurance company or self-insured entity that
brings an action against a person under subsection (a) of
this Section in bad faith shall be liable to that person for
twice the value of the property claimed, plus reasonable
attorneys fees. In determining whether an insurance company
or self-insured entity acted in bad faith, the court shall
relax the rules of evidence to allow for the introduction of
any facts or other information on which the insurance company
or self-insured entity may have relied in bringing an action
under subsection (a) of this Section.
(c) For the purposes of this Section, where the exact
value of the property attempted to be obtained is either not
alleged by the claimant or not specifically set by the terms
of a policy of insurance, the value of the property shall be
the fair market replacement value of the property claimed to
be lost, the reasonable costs of reimbursing a vendor or
other claimant for services to be rendered, or both.
(Source: P.A. 90-333, eff. 1-1-98.)
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