093_SB1053enr

 
SB1053 Enrolled                      LRB093 10166 RLC 10420 b

 1        AN ACT in relation to criminal law.

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

 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
20    context otherwise requires:
21        (a)  "Financial crime" means an offense described in this
22    Article.
23        (b)  "Financial  institution"  means  any  bank,  savings
24    bank,  savings  and  loan  association,  credit  union, trust
25    company, or other depository of money, or medium  of  savings
26    and collective investment.

27        (720 ILCS 5/16H-15 new)
 
SB1053 Enrolled            -2-       LRB093 10166 RLC 10420 b
 1        Sec.  16H-15.  Misappropriation  of financial institution
 2    property. A person commits the offense of misappropriation of
 3    a  financial  institution's  property  whenever  the   person
 4    knowingly  misappropriates, embezzles, abstracts, purloins or
 5    willfully misapplies any of the moneys, funds or  credits  of
 6    such  financial  institution, or any moneys, funds, assets or
 7    securities entrusted to the custody or care of such financial
 8    institution, or to the custody or care of any agent, officer,
 9    director, or employee of such financial institution.

10        (720 ILCS 5/16H-20 new)
11        Sec. 16H-20.  Commercial bribery  involving  a  financial
12    institution.
13        (a)  A  person  commits the offense of commercial bribery
14    involving a financial institution when the person confers  or
15    offers  or  agrees  to  confer any benefit upon any employee,
16    agent, or fiduciary  without  the  consent  of  the  latter's
17    employer  or  principal,  with intent to influence his or her
18    conduct in relation to his or her employer's  or  principal's
19    affairs.
20        (b)  An  employee,  agent,  or  fiduciary  of a financial
21    institution commits the offense of commercial  bribery  of  a
22    financial institution when, without the consent of his or her
23    employer or principal, he or she solicits, accepts, or agrees
24    to  accept  any benefit from another person upon an agreement
25    or understanding that such benefit will influence his or  her
26    conduct  in  relation to his or her employer's or principal's
27    affairs.

28        (720 ILCS 5/16H-25 new)
29        Sec.  16H-25.  Financial  institution  fraud.  A   person
30    commits  the  offense of financial institution fraud when the
31    person knowingly executes or attempts to execute a scheme  or
32    artifice:
 
SB1053 Enrolled            -3-       LRB093 10166 RLC 10420 b
 1        (1)  to defraud a financial institution; or
 2        (2)  to obtain any of the moneys, funds, credits, assets,
 3    securities,  or  other property owned by or under the custody
 4    or control of a financial institution, by means of pretenses,
 5    representations, or promises he or she knows to be false.
 6        For the purposes of this Section, "scheme or artifice  to
 7    defraud" includes a scheme or artifice to deprive a financial
 8    institution of the intangible right to honest services.

 9        (720 ILCS 5/16H-30 new)
10        Sec. 16H-30.  Loan fraud. A person commits the offense of
11    loan fraud when the person knowingly, with intent to defraud,
12    makes  any false statement or report, or willfully overvalues
13    any  land,  property  or  security,  for   the   purpose   of
14    influencing  in any way the action of a financial institution
15    to act upon any  application,  advance,  discount,  purchase,
16    purchase  agreement,  repurchase  agreement,  commitment,  or
17    loan,  or  any  change  or  extension  of any of the same, by
18    renewal, deferment of action or otherwise, or the acceptance,
19    release, or substitution of security.

20        (720 ILCS 5/16H-35 new)
21        Sec. 16H-35.  Concealment of collateral. A person commits
22    the offense of concealment of  collateral  when  the  person,
23    with intent to defraud, knowingly conceals, removes, disposes
24    of,  or  converts  to  the  person's  own  use  or to that of
25    another, any property mortgaged or pledged to or  held  by  a
26    financial institution.

27        (720 ILCS 5/16H-40 new)
28        Sec.  16H-40.  Financial  institution  robbery.  A person
29    commits the offense of financial institution robbery when the
30    person, by force or threat  of  force,  or  by  intimidation,
31    takes,  or  attempts  to take, from the person or presence of
 
SB1053 Enrolled            -4-       LRB093 10166 RLC 10420 b
 1    another, or obtains or attempts to obtain by  extortion,  any
 2    property  or  money or any other thing of value belonging to,
 3    or in the care, custody, control, management,  or  possession
 4    of, a financial institution.

 5        (720 ILCS 5/16H-45 new)
 6        Sec. 16H-45.  Conspiracy to commit a financial crime.
 7        (a)  A  person  commits  the  offense  of a conspiracy to
 8    commit a  financial  crime  when,  with  the  intent  that  a
 9    violation  of  this  Article  be committed, the person agrees
10    with another person to the commission of that offense.
11        (b)  No person may be convicted of conspiracy to commit a
12    financial crime unless an overt act or acts in furtherance of
13    the agreement is alleged and proved to have been committed by
14    that person or by a co-conspirator and the accused is a  part
15    of  a  common  scheme  or  plan  to  engage  in  the unlawful
16    activity.
17        (c)  It shall not be  a  defense  to  the  offense  of  a
18    conspiracy  to  commit  a  financial crime that the person or
19    persons with whom the accused is alleged to have conspired:
20             (1)  has not been prosecuted or convicted,
21             (2)  has been convicted of a different offense,
22             (3)  is not amenable to justice,
23             (4)  has been acquitted, or
24             (5)  lacked the capacity to commit the offense.

25        (720 ILCS 5/16H-50 new)
26        Sec. 16H-50.  Continuing financial crimes  enterprise.  A
27    person  commits  the offense of a continuing financial crimes
28    enterprise when the person  knowingly,  within  an  18  month
29    period,  commits  3  or  more  separate  offenses  under this
30    Article, or, if involving a financial institution, any  other
31    felony offenses established under this Code.
 
SB1053 Enrolled            -5-       LRB093 10166 RLC 10420 b
 1        (720 ILCS 5/16H-55 new)
 2        Sec.  16H-55.  Organizer of a continuing financial crimes
 3    enterprise.
 4        (a)  A person commits the offense of being  an  organizer
 5    of a continuing financial crimes enterprise when the person:
 6             (1)  with the intent to commit an offense under this
 7        Article,  or,  if  involving a financial institution, any
 8        other felony offense established under this Code,  agrees
 9        with  another person to the commission of that offense on
10        3 or more separate occasions within an 18  month  period,
11        and
12             (2)  with  respect  to  the other persons within the
13        conspiracy, occupies a position of organizer, supervisor,
14        or financier or other position of management.
15        (b)  The person with whom the accused  agreed  to  commit
16    the 3 or more offenses under this Article, or, if involving a
17    financial  institution, any other felony offenses established
18    under this Code, need not be the same person or  persons  for
19    each offense, as long as the accused was a part of the common
20    scheme  or  plan  to  engage in each of the 3 or more alleged
21    offenses.

22        (720 ILCS 5/16H-60 new)
23        Sec. 16H-60.  Sentence.
24        (a)  A financial crime, the full value of which does  not
25    exceed $300, is a Class A misdemeanor.
26        (b)  A  person  who  has  been  convicted  of a financial
27    crime, the full value of which does not exceed $300, and  who
28    has  been  previously  convicted  of a financial crime or any
29    type of theft, robbery, armed robbery, burglary,  residential
30    burglary,  possession of burglary tools, or home invasion, is
31    guilty of a Class 4 felony. When  a  person  has  such  prior
32    conviction,  the  information  or  indictment  charging  that
33    person shall state such prior conviction so as to give notice
 
SB1053 Enrolled            -6-       LRB093 10166 RLC 10420 b
 1    of the State's intention to treat the charge as a felony. The
 2    fact  of  such  prior  conviction  is  not  an element of the
 3    offense and may not be disclosed to  the  jury  during  trial
 4    unless  otherwise  permitted by issues properly raised during
 5    such trial.
 6        (c)  A financial crime, the full value of  which  exceeds
 7    $300 but does not exceed $10,000, is a Class 3 felony. When a
 8    charge  of  financial  crime, the full value of which exceeds
 9    $300 but does not exceed $10,000, is brought,  the  value  of
10    the  financial crime involved is an element of the offense to
11    be resolved by the trier of fact as either exceeding  or  not
12    exceeding $300.
13        (d)  A  financial  crime, the full value of which exceeds
14    $10,000 but does not exceed $100,000, is a  Class  2  felony.
15    When  a  charge  of  financial crime, the full value of which
16    exceeds $10,000 but does not exceed $100,000, is brought, the
17    value of the financial crime involved is an  element  of  the
18    offense  to  be  resolved  by  the  trier  of  fact as either
19    exceeding or not exceeding $10,000.
20        (e)  A financial crime, the full value of  which  exceeds
21    $100,000,  is  a  Class  1 felony. When a charge of financial
22    crime, the full value of which exceeds $100,000, is  brought,
23    the  value  of  the financial crime involved is an element of
24    the offense to be resolved by the trier  of  fact  as  either
25    exceeding or not exceeding $100,000.
26        (f)  A  financial  crime which is a financial institution
27    robbery is a Class 1 felony.
28        (g)  A financial crime which is  a  continuing  financial
29    crimes enterprise is a Class 1 felony.
30        (h)  A  financial  crime which is the offense of being an
31    organizer of a continuing financial crimes  enterprise  is  a
32    Class X felony.
33        (i)  Notwithstanding   any   other   provisions  of  this
34    Section, a financial crime which is loan fraud in  connection
 
SB1053 Enrolled            -7-       LRB093 10166 RLC 10420 b
 1    with  a  loan secured by residential real estate is a Class 4
 2    felony.

 3        (720 ILCS 5/16H-65 new)
 4        Sec.  16H-65.  Period  of  limitations.  The  period   of
 5    limitations  for  prosecution  of any offense defined in this
 6    Article begins at the time when the last act  in  furtherance
 7    of the offense is committed.

 8        (720 ILCS 5/17-24)
 9        Sec. 17-24.  Fraudulent schemes and artifices.
10        (a)  Fraud by wire, radio, or television.
11             (1)  A person commits wire fraud when he or she:
12                  (A)  devises  or  intends to devise a scheme or
13             artifice to defraud or to obtain money  or  property
14             by  means  of  false  pretenses, representations, or
15             promises; and
16                  (B) (i)  transmits or causes to be  transmitted
17                  from within this State; or
18                       (ii)  transmits    or    causes    to   be
19                  transmitted so that it is received by a  person
20                  within this State; or
21                       (iii)  transmits    or    causes   to   be
22                  transmitted   so   that   it   is    reasonably
23                  foreseeable  that  it  will  be  accessed  by a
24                  person within this State:
25        any writings, signals, pictures, sounds, or electronic or
26        electric impulses by means of wire, radio, or  television
27        communications for the purpose of executing the scheme or
28        artifice.
29             (2)  A   scheme   or   artifice   to  defraud  using
30        electronic transmissions is deemed to occur in the county
31        from which a transmission is sent, if the transmission is
32        sent from within this State, the county in which a person
 
SB1053 Enrolled            -8-       LRB093 10166 RLC 10420 b
 1        within this State  receives  the  transmission,  and  the
 2        county  in  which  a  person  who is within this State is
 3        located when the person accesses a transmission.
 4             (3)  Wire fraud is a Class 3 felony.
 5        (b)  Mail fraud.
 6             (1)  A person commits mail fraud when he or she:
 7                  (A)  devises or intends to devise any scheme or
 8             artifice to defraud or to obtain money  or  property
 9             by   means   of   false   or  fraudulent  pretenses,
10             representations or promises, or to sell, dispose of,
11             loan,  exchange,  alter,  give   away,   distribute,
12             supply,  or  furnish or procure for unlawful use any
13             counterfeit obligation, security, or other  article,
14             or anything represented to be or intimidated or held
15             out to be such counterfeit or spurious article; and
16                  (B)  for  the  purpose of executing such scheme
17             or artifice or attempting so to do,  places  in  any
18             post office or authorized depository for mail matter
19             within  this  State, any matter or thing whatever to
20             be delivered by the Postal Service, or  deposits  or
21             causes  to  be deposited in this State by mail or by
22             private  or  commercial  carrier  according  to  the
23             direction on the matter or thing, or at the place at
24             which it is directed to be delivered by  the  person
25             to whom it is addressed, any such matter or thing.
26             (2)  A   scheme  or  artifice  to  defraud  using  a
27        government or private carrier is deemed to occur  in  the
28        county  in  which  mail or other matter is deposited with
29        the Postal Service or a private  commercial  carrier  for
30        delivery,  if  deposited  with  the  Postal  Service or a
31        private or commercial carrier within this State  and  the
32        county  in  which a person within this State receives the
33        mail or other matter from the Postal Service or a private
34        or commercial carrier.
 
SB1053 Enrolled            -9-       LRB093 10166 RLC 10420 b
 1             (3)  Mail fraud is a Class 3 felony.
 2        (c)  (Blank). Financial institution fraud.
 3             (1)  A person is  guilty  of  financial  institution
 4        fraud  who  knowingly  executes  or attempts to execute a
 5        scheme or artifice:
 6                  (i)  to defraud a financial institution; or
 7                  (ii)  to  obtain  any  of  the  moneys,  funds,
 8             credits, assets, securities, or other property owned
 9             by, or under the custody or control of  a  financial
10             institution, by means of pretenses, representations,
11             or promises he or she knows to be false.
12             (2)  Financial   institution  fraud  is  a  Class  3
13        felony.
14        (d)  The period of limitations  for  prosecution  of  any
15    offense  defined  in this Section begins at the time when the
16    last  act  in  furtherance  of  the  scheme  or  artifice  is
17    committed.
18        (e)  In this Section:
19             (1)  "Scheme or  artifice  to  defraud"  includes  a
20        scheme  or  artifice to deprive another of the intangible
21        right to honest services.
22             (2)  (Blank).  "Financial   institution"   has   the
23        meaning ascribed to it in paragraph (i) of subsection (A)
24        of Section 17-1 of this Code.
25    (Source: P.A. 91-228, eff. 1-1-00; 92-16, eff. 6-28-01.)

26        Section 99.  This Act takes effect upon becoming law.