Judiciary II - Criminal Law Committee
Filed: 3/11/2010
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1 | AMENDMENT TO HOUSE BILL 5749
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2 | AMENDMENT NO. ______. Amend House Bill 5749 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 17-3 as follows: | ||||||
6 | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3) | ||||||
7 | Sec. 17-3. Forgery. | ||||||
8 | (a) A person commits forgery when, with intent to defraud, | ||||||
9 | he knowingly: | ||||||
10 | (1) makes or alters any document apparently capable of | ||||||
11 | defrauding
another in such manner that it : (A) purports to | ||||||
12 | have been made by another or at
another time, or with | ||||||
13 | different provisions, or by authority of one who did
not | ||||||
14 | give such authority , or (B) contains materially false | ||||||
15 | information ; or | ||||||
16 | (2) issues or delivers such document knowing it to have |
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1 | been thus
made or altered; or | ||||||
2 | (3) possesses, with intent to issue or deliver, any | ||||||
3 | such document
knowing it to have been thus made or altered; | ||||||
4 | or | ||||||
5 | (4) unlawfully uses the digital signature, as defined | ||||||
6 | in the Financial
Institutions Electronic Documents and | ||||||
7 | Digital Signature Act, of another; or | ||||||
8 | (5) unlawfully uses the signature device of another to | ||||||
9 | create
an electronic signature of that other person, as | ||||||
10 | those terms are defined in the
Electronic Commerce Security | ||||||
11 | Act. | ||||||
12 | (b) An intent to defraud means an intention to cause | ||||||
13 | another to assume,
create, transfer, alter or terminate any | ||||||
14 | right, obligation or power with
reference to any person or | ||||||
15 | property.
As used in this Section, "document" includes, but is | ||||||
16 | not limited to, any
document, representation, or image produced | ||||||
17 | manually, electronically, or by
computer. | ||||||
18 | (c) A document apparently capable of defrauding another | ||||||
19 | includes, but is
not limited to, one by which any right, | ||||||
20 | obligation or power with reference
to any person or property | ||||||
21 | may be created, transferred, altered or
terminated. A document | ||||||
22 | includes any record or electronic record as those
terms are | ||||||
23 | defined in the Electronic Commerce Security Act. | ||||||
24 | (d) Sentence. | ||||||
25 | Forgery is a Class 3 felony. | ||||||
26 | (Source: P.A. 94-458, eff. 8-4-05.)".
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