093_SB1053ham001











                                     LRB093 10166 RLC 14899 a

 1                    AMENDMENT TO SENATE BILL 1053

 2        AMENDMENT NO.     .  Amend Senate Bill 1053 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 is amended by
 5    changing Section 17-24 and adding Article 16H as follows:

 6        (720 ILCS 5/Art. 16H heading new)
 7        ARTICLE 16H. ILLINOIS FINANCIAL CRIME LAW

 8        (720 ILCS 5/16H-1 new)
 9        Sec. 16H-1.  Short title. This Article may  be  cited  as
10    the Illinois Financial Crime Act.

11        (720 ILCS 5/16H-5 new)
12        Sec.  16H-5.  Legislative  declaration.  It is the public
13    policy of this State that the substantial burden placed  upon
14    the economy of this State resulting from the rising incidence
15    of financial crime is a matter of grave concern to the people
16    of  this  State  who  have  a  right to be protected in their
17    health, safety and welfare from the effects of this crime.

18        (720 ILCS 5/16H-10 new)
19        Sec. 16-10.  Definitions.  In  this  Article  unless  the
 
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 1    context otherwise requires:
 2        (a)  "Financial crime" means an offense described in this
 3    Article.
 4        (b)  "Financial  institution"  means  any  bank,  savings
 5    bank,  savings  and  loan  association,  credit  union, trust
 6    company, or other depository of money, or medium  of  savings
 7    and collective investment.

 8        (720 ILCS 5/16H-15 new)
 9        Sec.  16H-15.  Misappropriation  of financial institution
10    property. A person commits the offense of misappropriation of
11    a  financial  institution's  property  whenever  the   person
12    knowingly  misappropriates, embezzles, abstracts, purloins or
13    willfully misapplies any of the moneys, funds or  credits  of
14    such  financial  institution, or any moneys, funds, assets or
15    securities entrusted to the custody or care of such financial
16    institution, or to the custody or care of any agent, officer,
17    director, or employee of such financial institution.

18        (new 720 ILCS 5/16H-20)
19        Sec. 16H-20.  Commercial bribery  involving  a  financial
20    institution.
21        (a)  A  person  commits the offense of commercial bribery
22    involving a financial institution when the person confers  or
23    offers  or  agrees  to  confer any benefit upon any employee,
24    agent, or fiduciary  without  the  consent  of  the  latter's
25    employer  or  principal,  with intent to influence his or her
26    conduct in relation to his or her employer's  or  principal's
27    affairs.
28        (b)  An  employee,  agent,  or  fiduciary  of a financial
29    institution commits the offense of commercial  bribery  of  a
30    financial institution when, without the consent of his or her
31    employer or principal, he or she solicits, accepts, or agrees
32    to  accept  any benefit from another person upon an agreement
 
                            -3-      LRB093 10166 RLC 14899 a
 1    or understanding that such benefit will influence his or  her
 2    conduct  in  relation to his or her employer's or principal's
 3    affairs.

 4        (720 ILCS 5/16H-25 new)
 5        Sec.  16H-25.  Financial  institution  fraud.  A   person
 6    commits  the  offense of financial institution fraud when the
 7    person knowingly executes or attempts to execute a scheme  or
 8    artifice:
 9        (1)  to defraud a financial institution; or
10        (2)  to obtain any of the moneys, funds, credits, assets,
11    securities,  or  other property owned by or under the custody
12    or control of a financial institution, by means of pretenses,
13    representations, or promises he or she knows to be false.
14        For the purposes of this Section, "scheme or artifice  to
15    defraud" includes a scheme or artifice to deprive a financial
16    institution of the intangible right to honest services.

17        (720 ILCS 5/16H-30 new)
18        Sec. 16H-30.  Loan fraud. A person commits the offense of
19    loan fraud when the person knowingly, with intent to defraud,
20    makes  any false statement or report, or willfully overvalues
21    any  land,  property  or  security,  for   the   purpose   of
22    influencing  in any way the action of a financial institution
23    to act upon any  application,  advance,  discount,  purchase,
24    purchase  agreement,  repurchase  agreement,  commitment,  or
25    loan,  or  any  change  or  extension  of any of the same, by
26    renewal, deferment of action or otherwise, or the acceptance,
27    release, or substitution of security.

28        (720 ILCS 5/16H-35 new)
29        Sec. 16H-35.  Concealment of collateral. A person commits
30    the offense of concealment of  collateral  when  the  person,
31    with intent to defraud, knowingly conceals, removes, disposes
 
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 1    of,  or  converts  to  the  person's  own  use  or to that of
 2    another, any property mortgaged or pledged to or  held  by  a
 3    financial institution.

 4        (720 ILCS 5/16H-40 new)
 5        Sec.  16H-40.  Financial  institution  robbery.  A person
 6    commits the offense of financial institution robbery when the
 7    person, by force or threat  of  force,  or  by  intimidation,
 8    takes,  or  attempts  to take, from the person or presence of
 9    another, or obtains or attempts to obtain by  extortion,  any
10    property  or  money or any other thing of value belonging to,
11    or in the care, custody, control, management,  or  possession
12    of, a financial institution.

13        (720 ILCS 5/16H-45 new)
14        Sec. 16H-45.  Conspiracy to commit a financial crime.
15        (a)  A  person  commits  the  offense  of a conspiracy to
16    commit a  financial  crime  when,  with  the  intent  that  a
17    violation  of  this  Article  be committed, the person agrees
18    with another person to the commission of that offense.
19        (b)  No person may be convicted of conspiracy to commit a
20    financial crime unless an overt act or acts in furtherance of
21    the agreement is alleged and proved to have been committed by
22    that person or by a co-conspirator and the accused is a  part
23    of  a  common  scheme  or  plan  to  engage  in  the unlawful
24    activity.
25        (c)  It shall not be  a  defense  to  the  offense  of  a
26    conspiracy  to  commit  a  financial crime that the person or
27    persons with whom the accused is alleged to have conspired:
28             (1)  has not been prosecuted or convicted,
29             (2)  has been convicted of a different offense,
30             (3)  is not amenable to justice,
31             (4)  has been acquitted, or
32             (5)  lacked the capacity to commit the offense.
 
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 1        (720 ILCS 5/16H-50 new)
 2        Sec. 16H-50.  Continuing financial crimes  enterprise.  A
 3    person  commits  the offense of a continuing financial crimes
 4    enterprise when the person  knowingly,  within  an  18  month
 5    period,  commits  3  or  more  separate  offenses  under this
 6    Article, or, if involving a financial institution, any  other
 7    felony offenses established under this Code.

 8        (720 ILCS 5/16H-55 new)
 9        Sec.  16H-55.  Organizer of a continuing financial crimes
10    enterprise.
11        (a)  A person commits the offense of being  an  organizer
12    of a continuing financial crimes enterprise when the person:
13             (1)  with the intent to commit an offense under this
14        Article,  or,  if  involving a financial institution, any
15        other felony offense established under this Code,  agrees
16        with  another person to the commission of that offense on
17        3 or more separate occasions within an 18  month  period,
18        and
19             (2)  with  respect  to  the other persons within the
20        conspiracy, occupies a position of organizer, supervisor,
21        or financier or other position of management.
22        (b)  The person with whom the accused  agreed  to  commit
23    the 3 or more offenses under this Article, or, if involving a
24    financial  institution, any other felony offenses established
25    under this Code, need not be the same person or  persons  for
26    each offense, as long as the accused was a part of the common
27    scheme  or  plan  to  engage in each of the 3 or more alleged
28    offenses.

29        (720 ILCS 5/16H-60 new)
30        Sec. 16H-60.  Sentence.
31        (a)  A financial crime, the full value of which does  not
32    exceed $300, is a Class A misdemeanor.
 
                            -6-      LRB093 10166 RLC 14899 a
 1        (b)  A  person  who  has  been  convicted  of a financial
 2    crime, the full value of which does not exceed $300, and  who
 3    has  been  previously  convicted  of a financial crime or any
 4    type of theft, robbery, armed robbery, burglary,  residential
 5    burglary,  possession of burglary tools, or home invasion, is
 6    guilty of a Class 4 felony. When  a  person  has  such  prior
 7    conviction,  the  information  or  indictment  charging  that
 8    person shall state such prior conviction so as to give notice
 9    of the State's intention to treat the charge as a felony. The
10    fact  of  such  prior  conviction  is  not  an element of the
11    offense and may not be disclosed to  the  jury  during  trial
12    unless  otherwise  permitted by issues properly raised during
13    such trial.
14        (c)  A financial crime, the full value of  which  exceeds
15    $300 but does not exceed $10,000, is a Class 3 felony. When a
16    charge  of  financial  crime, the full value of which exceeds
17    $300 but does not exceed $10,000, is brought,  the  value  of
18    the  financial crime involved is an element of the offense to
19    be resolved by the trier of fact as either exceeding  or  not
20    exceeding $300.
21        (d)  A  financial  crime, the full value of which exceeds
22    $10,000 but does not exceed $100,000, is a  Class  2  felony.
23    When  a  charge  of  financial crime, the full value of which
24    exceeds $10,000 but does not exceed $100,000, is brought, the
25    value of the financial crime involved is an  element  of  the
26    offense  to  be  resolved  by  the  trier  of  fact as either
27    exceeding or not exceeding $10,000.
28        (e)  A financial crime, the full value of  which  exceeds
29    $100,000,  is  a  Class  1 felony. When a charge of financial
30    crime, the full value of which exceeds $100,000, is  brought,
31    the  value  of  the financial crime involved is an element of
32    the offense to be resolved by the trier  of  fact  as  either
33    exceeding or not exceeding $100,000.
34        (f)  A  financial  crime which is a financial institution
 
                            -7-      LRB093 10166 RLC 14899 a
 1    robbery is a Class 1 felony.
 2        (g)  A financial crime which is  a  continuing  financial
 3    crimes enterprise is a Class 1 felony.
 4        (h)  A  financial  crime which is the offense of being an
 5    organizer of a continuing financial crimes  enterprise  is  a
 6    Class X felony.
 7        (i)  Notwithstanding   any   other   provisions  of  this
 8    Section, a financial crime which is loan fraud in  connection
 9    with  a  loan secured by residential real estate is a Class 4
10    felony.

11        (720 ILCS 5/16H-65 new)
12        Sec.  16H-65.  Period  of  limitations.  The  period   of
13    limitations  for  prosecution  of any offense defined in this
14    Article begins at the time when the last act  in  furtherance
15    of the offense is committed.

16        (720 ILCS 5/17-24)
17        Sec. 17-24.  Fraudulent schemes and artifices.
18        (a)  Fraud by wire, radio, or television.
19             (1)  A person commits wire fraud when he or she:
20                  (A)  devises  or  intends to devise a scheme or
21             artifice to defraud or to obtain money  or  property
22             by  means  of  false  pretenses, representations, or
23             promises; and
24                  (B) (i)  transmits or causes to be  transmitted
25                  from within this State; or
26                       (ii)  transmits    or    causes    to   be
27                  transmitted so that it is received by a  person
28                  within this State; or
29                       (iii)  transmits    or    causes   to   be
30                  transmitted   so   that   it   is    reasonably
31                  foreseeable  that  it  will  be  accessed  by a
32                  person within this State:
 
                            -8-      LRB093 10166 RLC 14899 a
 1        any writings, signals, pictures, sounds, or electronic or
 2        electric impulses by means of wire, radio, or  television
 3        communications for the purpose of executing the scheme or
 4        artifice.
 5             (2)  A   scheme   or   artifice   to  defraud  using
 6        electronic transmissions is deemed to occur in the county
 7        from which a transmission is sent, if the transmission is
 8        sent from within this State, the county in which a person
 9        within this State  receives  the  transmission,  and  the
10        county  in  which  a  person  who is within this State is
11        located when the person accesses a transmission.
12             (3)  Wire fraud is a Class 3 felony.
13        (b)  Mail fraud.
14             (1)  A person commits mail fraud when he or she:
15                  (A)  devises or intends to devise any scheme or
16             artifice to defraud or to obtain money  or  property
17             by   means   of   false   or  fraudulent  pretenses,
18             representations or promises, or to sell, dispose of,
19             loan,  exchange,  alter,  give   away,   distribute,
20             supply,  or  furnish or procure for unlawful use any
21             counterfeit obligation, security, or other  article,
22             or anything represented to be or intimidated or held
23             out to be such counterfeit or spurious article; and
24                  (B)  for  the  purpose of executing such scheme
25             or artifice or attempting so to do,  places  in  any
26             post office or authorized depository for mail matter
27             within  this  State, any matter or thing whatever to
28             be delivered by the Postal Service, or  deposits  or
29             causes  to  be deposited in this State by mail or by
30             private  or  commercial  carrier  according  to  the
31             direction on the matter or thing, or at the place at
32             which it is directed to be delivered by  the  person
33             to whom it is addressed, any such matter or thing.
34             (2)  A   scheme  or  artifice  to  defraud  using  a
 
                            -9-      LRB093 10166 RLC 14899 a
 1        government or private carrier is deemed to occur  in  the
 2        county  in  which  mail or other matter is deposited with
 3        the Postal Service or a private  commercial  carrier  for
 4        delivery,  if  deposited  with  the  Postal  Service or a
 5        private or commercial carrier within this State  and  the
 6        county  in  which a person within this State receives the
 7        mail or other matter from the Postal Service or a private
 8        or commercial carrier.
 9             (3)  Mail fraud is a Class 3 felony.
10        (c)  (Blank). Financial institution fraud.
11             (1)  A person is  guilty  of  financial  institution
12        fraud  who  knowingly  executes  or attempts to execute a
13        scheme or artifice:
14                  (i)  to defraud a financial institution; or
15                  (ii)  to  obtain  any  of  the  moneys,  funds,
16             credits, assets, securities, or other property owned
17             by, or under the custody or control of  a  financial
18             institution, by means of pretenses, representations,
19             or promises he or she knows to be false.
20             (2)  Financial   institution  fraud  is  a  Class  3
21        felony.
22        (d)  The period of limitations  for  prosecution  of  any
23    offense  defined  in this Section begins at the time when the
24    last  act  in  furtherance  of  the  scheme  or  artifice  is
25    committed.
26        (e)  In this Section:
27             (1)  "Scheme or  artifice  to  defraud"  includes  a
28        scheme  or  artifice to deprive another of the intangible
29        right to honest services.
30             (2)  (Blank).  "Financial   institution"   has   the
31        meaning ascribed to it in paragraph (i) of subsection (A)
32        of Section 17-1 of this Code.
33    (Source: P.A. 91-228, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
                            -10-     LRB093 10166 RLC 14899 a
 1        Section 99.  This Act takes effect upon becoming law.".