102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1109
 
Introduced 2/17/2021, by Rep. Emanuel Chris Welch
 
SYNOPSIS AS INTRODUCED:
 
  
720 ILCS 5/17-5  from Ch. 38, par. 17-5

    Amends the Criminal Code of 2012.  Makes a technical change in a Section concerning deceptive
collection practices.



LRB102 03123 RLC 13136 b

 
 
A BILL FOR
 


HB1109LRB102 03123 RLC 13136 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 17-5 as follows:
 


6    (720 ILCS 5/17-5)  (from Ch. 38, par. 17-5)



7    Sec. 17-5. Deceptive collection practices. A collection 
8agency as defined in the
the Collection Agency Act or any

9employee of such collection agency commits a deceptive 
10collection practice
when, with the intent to collect a debt 
11owed to an individual or a corporation or
other entity, he, 
12she, or it does any of the following:
13        (a) Represents falsely that he or she is an attorney, 
14    a policeman, a sheriff or
deputy sheriff, a bailiff, a 
15    county clerk or employee of a county clerk's
office, or 
16    any other person who by statute is authorized to enforce 
17    the law
or any order of a court.

18        (b) While attempting to collect an alleged debt, 
19    misrepresents to the
alleged debtor or to his or her 
20    immediate family the corporate, partnership or
proprietary 
21    name or other trade or business name under which the debt

22    collector is engaging in debt collections and which he, 
23    she, or it is legally
authorized to use.

 
 
HB1109- 2 -LRB102 03123 RLC 13136 b

1        (c) While attempting to collect an alleged debt, adds 
2    to the debt any
service charge, interest or penalty which 
3    he, she, or it is not entitled by law to add.

4        (d) Threatens to ruin, destroy, or otherwise adversely 
5    affect an alleged
debtor's credit rating unless, at the 
6    same time, a disclosure is made in
accordance with federal 
7    law that the alleged debtor has a right to inspect
his or 
8    her credit rating.

9        (e) Accepts from an alleged debtor a payment which he, 
10    she, or it knows is not owed.

11    Sentence. The commission of a deceptive collection 
12practice is a Business Offense
punishable by a fine not to 
13exceed $3,000.

14(Source: P.A. 96-1551, eff. 7-1-11.)