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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5465
Introduced 2/5/2010, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5465 |
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LRB096 17417 RLC 32770 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 changing |
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| Section 17-24 as follows:
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| (720 ILCS 5/17-24)
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| Sec. 17-24. Fraudulent schemes and artifices.
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| (a) Fraud by wire, radio, or television.
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| (1) A person commits wire fraud when he or she:
(A) |
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| devises or intends to devise a scheme or artifice: |
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| (A) to defraud or to
obtain money or property by |
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| means of false pretenses, representations, or
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| promises, or |
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| (B) to sell, dispose of, loan, exchange, alter,
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| give away, distribute, supply, or furnish or procure |
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| for unlawful use any
counterfeit obligation, security, |
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| or other article, or anything represented to
be or |
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| intimated or held out to be such counterfeit or |
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| spurious article. ; and
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| (B) (i) transmits or causes to be transmitted from |
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| within this State;
or
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| (ii) transmits or causes to
be transmitted so |
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| that it is received by a person within this State; |
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HB5465 |
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LRB096 17417 RLC 32770 b |
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| or
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| (iii) transmits or causes to be transmitted so |
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| that it is reasonably
foreseeable that it will be |
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| accessed by a person within this State:
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| any writings, signals, pictures, sounds, or electronic or |
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| electric impulses
by means of wire, radio, or television |
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| communications for the purpose of
executing the scheme or |
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| artifice.
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| (2) (Blank). A scheme or artifice to defraud using
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| electronic transmissions is deemed to occur in the county |
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| from which a
transmission is sent, if the transmission is |
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| sent from within this State, the
county in which a person |
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| within this State receives the transmission, and the
county |
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| in which a person who is within this State is located when |
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| the person
accesses a transmission.
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| (3) Fraud Wire fraud is a Class 3 felony.
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| (b) (Blank). Mail fraud.
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| (1) A person commits mail fraud when he or she:
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| (A) devises or intends to devise any scheme or |
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| artifice to defraud or to
obtain money or property by |
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| means of false or fraudulent pretenses,
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| representations or promises, or to sell, dispose of, |
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| loan, exchange, alter,
give away, distribute, supply, |
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| or furnish or procure for unlawful use any
counterfeit |
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| obligation, security, or other article, or anything |
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| represented to
be or intimidated or held out to be such |
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HB5465 |
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LRB096 17417 RLC 32770 b |
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| counterfeit or spurious article; and
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| (B) for the purpose of executing such scheme or |
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| artifice or attempting
so to do, places in any post |
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| office or authorized depository for mail matter
within |
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| this State, any matter or thing whatever to be |
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| delivered by the Postal
Service, or deposits or causes |
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| to be deposited in this State by mail or by
private or |
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| commercial carrier according to the direction on the |
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| matter or
thing, or at the place at which it is |
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| directed to be delivered by the person to
whom it is |
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| addressed, any such matter or thing.
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| (2) A scheme or artifice to defraud using a government |
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| or private carrier
is deemed to occur in the county in |
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| which mail or other matter is deposited
with the Postal |
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| Service or a private commercial carrier for delivery, if
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| deposited with the Postal Service or a private or |
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| commercial carrier within
this State and the county in |
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| which a person within this State receives the mail
or other |
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| matter from the Postal Service or a private or commercial |
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| carrier.
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| (3) Mail fraud is a Class 3 felony.
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| (c) (Blank).
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| (d) The period of limitations for prosecution of any |
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| offense defined in this
Section begins at the time when the |
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| last act in furtherance of the scheme or
artifice is committed.
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| (e) In this Section:
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