093_SB0240eng

 
SB240 Engrossed                      LRB093 04424 RLC 04474 b

 1        AN ACT concerning home repair fraud.

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

 4        Section  5.   The  Home  Repair  Fraud  Act is amended by
 5    changing Section 5 as follows:

 6        (815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
 7        Sec. 5.  Aggravated Home Repair Fraud.  A person  commits
 8    the  offense  of aggravated home repair fraud when he commits
 9    home repair fraud against a person 60 years of age  or  older
10    or  a  disabled  person  as  defined in Section 16-1.3 of the
11    Criminal Code of 1961.
12        (a)  Aggravated violation of paragraphs  (1)  or  (2)  of
13    subsection  (a)  of  Section 3 of this Act shall be a Class 2
14    felony when the amount of the contract or agreement  is  more
15    than  $500  $1,000,  a  Class 4 felony when the amount of the
16    contract or agreement is $500 $1,000 or less, and a  Class  3
17    felony  for a second or subsequent offense when the amount of
18    the contract or agreement is $500 $1,000 or less.   If  2  or
19    more  contracts  or  agreements  for  home  repair  exceed an
20    aggregate amount of $500 $1,000 or more and such contracts or
21    agreements are entered into with the same victim  by  one  or
22    more  of  the  defendants  as  part of or in furtherance of a
23    common fraudulent scheme, design or intention, the  violation
24    shall be a Class 2 felony.
25        (b)  Aggravated  violation of paragraph (3) of subsection
26    (a) of Section 3 of this Act shall be a Class 2  felony  when
27    the  amount  of the contract or agreement is more than $5,000
28    $10,000 and a Class 3 felony when the amount of the  contract
29    or agreement is $5,000 $10,000 or less.
30        (c)  Aggravated  violation of paragraph (4) of subsection
31    (a) of Section 3 of this Act shall be a Class 3  felony  when
 
SB240 Engrossed             -2-      LRB093 04424 RLC 04474 b
 1    the  amount  of  the  contract or agreement is more than $500
 2    $1,000, a Class 4 felony when the amount of the  contract  or
 3    agreement  is  $500 $1,000 or less and a Class 3 felony for a
 4    second or subsequent offense when the amount of the  contract
 5    or agreement is $500 $1,000 or less.
 6        (d)  Aggravated  violation  of  paragraphs  (1) or (2) of
 7    subsection (b) of Section 3 of this Act shall be  a  Class  3
 8    felony.
 9        (e)  If  a  person  commits aggravated home repair fraud,
10    then any State or local license or permit held by that person
11    that  relates  to  the  business  of  home  repair   may   be
12    appropriately  suspended or revoked by the issuing authority,
13    commensurate with the severity of the offense.
14        (f)  A defense to aggravated home repair fraud  does  not
15    exist  merely  because  the  accused  reasonably believed the
16    victim to be a person less than 60 years of age.
17    (Source: P.A. 87-490.)