HB3614 97TH GENERAL ASSEMBLY

LRB097 08530 RLC 48657 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3614

Introduced 2/24/2011, by Rep. Renée Kosel

SYNOPSIS AS INTRODUCED:

720 ILCS 5/17-24

Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 17-24 as follows:

(720 ILCS 5/17-24)

Sec. 17-24. Fraudulent schemes and artifices.

(a) Fraud by wire, radio, or television.

(1) A person commits wire fraud when he or she:

(A) devises or intends to devise a scheme or artifice to defraud or to obtain money or property by means of false pretenses, representations, or promises, or ; and

(B) to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article.

(B) (i) transmits or causes to be transmitted from within this State; or

(ii) transmits or causes to be transmitted so that it is received by a person within this State; or

(iii) transmits or causes to be transmitted so that it is reasonably foreseeable that it will be accessed by a person within this State:

any writings, signals, pictures, sounds, or electronic or electric impulses by means of wire, radio, or television communications for the purpose of executing the scheme or artifice.

(2) (Blank). A scheme or artifice to defraud using electronic transmissions is deemed to occur in the county from which a transmission is sent, if the transmission is sent from within this State, the county in which a person within this State receives the transmission, and the county in which a person who is within this State is located when the person accesses a transmission.

(3) Fraud Wire fraud is a Class 3 felony.

(b) (Blank). Mail fraud.

(1) A person commits mail fraud when he or she:

(A) devises or intends to devise any scheme or artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article; and

(B) for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter within this State, any matter or thing whatever to be delivered by the Postal Service, or deposits or causes to be deposited in this State by mail or by private or commercial carrier according to the direction on the matter or thing, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing.

(2) A scheme or artifice to defraud using a government or private carrier is deemed to occur in the county in which mail or other matter is deposited with the Postal Service or a private commercial carrier for delivery, if deposited with the Postal Service or a private or commercial carrier within this State and the county in which a person within this State receives the mail or other matter from the Postal Service or a private or commercial carrier.

(3) Mail fraud is a Class 3 felony.

(c) (Blank).

(d) The period of limitations for prosecution of any offense defined in this Section begins at the time when the last act in furtherance of the scheme or artifice is committed.

(e) In this Section:

(1) "Scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right to honest services.

(2) (Blank).

(Source: P.A. 96-1000, eff. 7-2-10.)