96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4107


 
Introduced 2/27/2009, by Rep. Sidney H. Mathias
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/33-8 new










    Amends the Criminal Code of 1961.  Creates the offense of improper use of public funds.  Provides that a person commits the offense  when he or she knowingly misappropriates, misuses, or unlawfully withholds or
converts to his or her own use or to the use of another any public funds made
available through a gubernatorial or legislative member initiative.  Provides that an official or employee of the State or a  unit of local government who knowingly facilitates, aids, abets, assists, or participates in the misappropriation, misuse, or unlawful withholding or conversion to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative also commits the offense.  Provides that a person convicted of a felony violation of improper use of public funds is ineligible to receive any grant  or contract from the State of Illinois.  Defines "gubernatorial or legislative member initiative" and "infrastructure improvements".
















LRB096 08448 RLC 18565 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4107

LRB096 08448 RLC 18565 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 33-8 as follows:
 
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    (720 ILCS 5/33-8  new)
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    Sec. 33-8. Improper use of public funds.
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    (a) A person who knowingly misappropriates, misuses, or 
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unlawfully withholds or
converts to his or her own use or to 
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the use of another any public funds made
available through a 
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gubernatorial or legislative member initiative is guilty of the 
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offense of improper use of public funds.
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    (b)  An official or employee of the State or a  unit of local 
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government who knowingly facilitates, aids, abets, assists, or 
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participates in the misappropriation, misuse, or unlawful 
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withholding or conversion to his or her own use or to the use 
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of another any public funds made available through a 
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gubernatorial or legislative member initiative is guilty of the 
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offense of improper use of public funds.
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    (c)  In this Section, "gubernatorial or legislative member 
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initiative" means a grant from State funds to a specific unit 
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of local government, specific school district, specific 
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not-for-profit organization, or specific non-governmental 
 


 






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entity for infrastructure improvements or operating expenses.  
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Grants that are part of a statewide program and are based on 
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generally applicable standards of eligibility are not 
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gubernatorial or legislative member initiatives, unless the 
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grant has been requested or initiated by the Governor or a 
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member of the Illinois General Assembly.  In this Section, 
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"infrastructure
improvements" include without limitation 
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capital improvements, capital
projects, planning, 
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construction, reconstruction, equipment, utilities,
vehicles, 
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and all costs associated with economic development, community

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programs, educational programs, public health, and public 
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safety. 
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    (d)  Sentence.  A person convicted of a violation of 
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subsection (a) or (b) of this Section shall be punished as 
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follows:
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        (1)  If the total amount of money involved in the 
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    violation is less than $1,000, the violation is a Class A 
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    misdemeanor.
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        (2)  If the total amount of money involved in the 
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    violation is $1,000 or more, but less than $5,000, the 
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    violation is a Class 3 felony.
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        (3) If the total amount of money involved in the 
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    violation is $5,000 or more but less than $10,000, the 
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    violation is a Class 2 felony.
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        (4)  If the total amount of money involved in the 
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    violation is $10,000 or more, the violation is a Class 1 
 


 






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    felony.
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    (e)  A person convicted of a felony violation of this 
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Section is ineligible to receive any grant  or contract from the 
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State of Illinois.