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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 33-7 as follows: | ||||||
6 | (720 ILCS 5/33-7) | ||||||
7 | Sec. 33-7. Public contractor misconduct.
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8 | (a) A public contractor; a person seeking a public contract | ||||||
9 | on behalf of himself, herself, or another; an employee of a | ||||||
10 | public
contractor; or a person seeking a public contract on | ||||||
11 | behalf of himself, herself, or another commits public | ||||||
12 | contractor misconduct when, in the performance of, or in | ||||||
13 | connection with, a contract with
the State, a unit of local | ||||||
14 | government, or a school district or in obtaining or seeking to | ||||||
15 | obtain such a contract he or she commits any of
the following | ||||||
16 | acts: | ||||||
17 | (1) intentionally or knowingly makes, uses, or causes | ||||||
18 | to be made or used a false record or statement to conceal, | ||||||
19 | avoid, or decrease an obligation to pay or transmit money | ||||||
20 | or property; | ||||||
21 | (2) knowingly performs an act that he or
she knows he | ||||||
22 | or she is forbidden by law to perform; | ||||||
23 | (3) with intent to obtain a personal advantage for |
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1 | himself, herself, or another, he or she
performs an act in | ||||||
2 | excess of his or her contractual responsibility; or | ||||||
3 | (4) solicits or knowingly accepts for the performance | ||||||
4 | of any act a fee or
reward that he or she knows is not | ||||||
5 | authorized by law ; or . | ||||||
6 | (5) knowingly or intentionally seeks or receives | ||||||
7 | compensation or reimbursement for goods and services he or | ||||||
8 | she purported to deliver or render, but failed to do so | ||||||
9 | pursuant to the terms of the contract, to the unit of State | ||||||
10 | or local government or school district. | ||||||
11 | (b) Sentence. Any person who violates this Section commits | ||||||
12 | a Class 3 felony. Any person convicted of this offense or a | ||||||
13 | similar offense in any state of the United States which | ||||||
14 | contains the same elements of this offense shall be barred for | ||||||
15 | 10 years from the date of conviction from contracting with, | ||||||
16 | employment by, or holding public office with the State or any | ||||||
17 | unit of local government or school district. No corporation | ||||||
18 | shall be barred as a result of a conviction under this Section | ||||||
19 | of any employee or agent of such corporation if the employee so | ||||||
20 | convicted is no longer employed by the corporation and (1) it | ||||||
21 | has been finally adjudicated not guilty or (2) it demonstrates | ||||||
22 | to the government entity with which it seeks to contract, and | ||||||
23 | that entity finds, that the commission of the offense was | ||||||
24 | neither authorized, requested, commanded, nor performed by a | ||||||
25 | director, officer or high managerial agent on behalf of the | ||||||
26 | corporation as provided in paragraph (2) of subsection (a) of |
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1 | Section 5-4 of this Code. | ||||||
2 | (c) The Attorney General or the State's Attorney in the | ||||||
3 | county where the principal office of the unit of local | ||||||
4 | government or school district is located may bring a civil | ||||||
5 | action on behalf of any unit of State or local government to | ||||||
6 | recover a civil penalty from any person who knowingly engages | ||||||
7 | in conduct which violates subsection (a) of this Section in | ||||||
8 | treble the amount of the monetary cost to the unit of State or | ||||||
9 | local government or school district involved in the violation. | ||||||
10 | The Attorney General or State's Attorney shall be entitled to | ||||||
11 | recover reasonable attorney's fees as part of the costs | ||||||
12 | assessed to the defendant. This subsection (c) shall in no way | ||||||
13 | limit the ability of any unit of State or local government or | ||||||
14 | school district to recover moneys or damages regarding public | ||||||
15 | contracts under any other law or ordinance. A civil action | ||||||
16 | shall be barred unless the action is commenced within 6 years | ||||||
17 | after the later of (1) the date on which the conduct | ||||||
18 | establishing the cause of action occurred or (2) the date on | ||||||
19 | which the unit of State or local government or school district | ||||||
20 | knew or should have known that the conduct establishing the | ||||||
21 | cause of action occurred.
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22 | (Source: P.A. 94-338, eff. 1-1-06.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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