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Judiciary II - Criminal Law Committee
Filed: 5/1/2006
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LRB094 04370 BDD 58510 a |
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| AMENDMENT TO SENATE BILL 630
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| AMENDMENT NO. ______. Amend Senate Bill 630 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5-87. The Whistleblower Reward and Protection Act |
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| is amended by changing Section 3 as follows:
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| (740 ILCS 175/3) (from Ch. 127, par. 4103)
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| Sec. 3. False claims.
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| (a) Liability for certain acts. Any person who:
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| (1) knowingly presents, or causes to be presented, to |
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| an officer or
employee of the State or a member of the |
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| Guard a false or fraudulent claim
for payment or approval;
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| (2) knowingly makes, uses, or causes to be made or |
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| used, a false record
or statement to get a false or |
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| fraudulent claim paid or approved by the State;
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| (3) conspires to defraud the State by getting a false |
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| or fraudulent
claim allowed or paid;
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| (4) has possession, custody, or control of property or |
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| money used, or to
be used, by the State and, intending to |
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| defraud the State or willfully to
conceal the property, |
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| delivers, or causes to be delivered, less property
than the |
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| amount for which the person receives a certificate or |
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| receipt;
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| (5) authorized to make or deliver a document certifying |
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| receipt of
property used, or to be used, by the State and, |
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LRB094 04370 BDD 58510 a |
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| intending to defraud the
State, makes or delivers the |
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| receipt without completely knowing that the
information on |
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| the receipt is true;
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| (6) knowingly buys, or receives as a pledge of an |
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| obligation or debt,
public property from an officer or |
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| employee of the State, or a member of
the Guard, who |
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| lawfully may not sell or pledge the property; or
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| (7) knowingly makes, uses, or causes to be made or |
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| used, a false record
or statement to conceal, avoid or |
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| decrease an obligation to pay or transmit
money or property |
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| to the State,
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| is liable to the State for a civil penalty of not less than |
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| $5,500
$5,000 and not
more than $11,000
$10,000, plus 3 times |
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| the amount of damages which the State
sustains because of the |
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| act of that person. A person violating
this subsection (a) |
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| shall also be liable to the State for the costs of a civil
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| action brought to recover any such penalty or damages.
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| (b) Knowing and knowingly defined. As used in this Section, |
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| the terms
"knowing" and "knowingly" mean that a person, with |
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| respect to information:
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| (1) has actual knowledge of the information;
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| (2) acts in deliberate ignorance of the truth or |
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| falsity of the
information; or
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| (3) acts in reckless disregard of the truth or falsity |
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| of the
information, and no proof of specific intent to |
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| defraud is required.
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| (c) Claim defined. As used in this Section, "claim" |
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| includes any
request or demand, whether under a contract or |
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| otherwise, for money or
property which is made to a contractor, |
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| grantee, or other recipient if the
State provides any portion |
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| of the money or property which is requested or
demanded, or if |
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| the State will reimburse such contractor, grantee, or other
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| recipient for any portion of the money or property which is |
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| requested
or demanded.
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