093_SB1053sam002

 










                                     LRB093 10166 RLC 13587 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    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 the
10    Illinois Financial Crime Law.

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.  16H-10.  Definitions.  In  this  Article unless the
 
                            -2-      LRB093 10166 RLC 13587 a
 1    context otherwise requires:
 2        (a) "Financial crime" means an offense described in  this
 3    Article.
 4        (b)  "Financial  institution" means any state or national
 5    bank with a main office or  branch  office  located  in  this
 6    State,  any  state or federal savings and loan association or
 7    savings bank with a main office or branch office  located  in
 8    this  State, or any state or federal credit union with a main
 9    office or branch office located in this State, and any parent
10    company, affiliate, or subsidiary of  any  of  the  foregoing
11    having an office located in this State.

12        (720 ILCS 5/16H-15 new)
13        Sec.  16H-15.  Misappropriation  of financial institution
14    property. A person commits the offense of misappropriation of
15    a  financial  institution's  property  whenever,   being   an
16    officer,  director, agent, or employee of, or being connected
17    in any capacity with, any financial institution,  the  person
18    knowingly misappropriates, embezzles, abstracts, purloins, or
19    willfully  misapplies any of the moneys, funds, or credits of
20    the financial institution, or any moneys, funds,  assets,  or
21    securities  entrusted to the custody or care of the financial
22    institution or to the custody or care of any agent,  officer,
23    director, or employee of such financial institution.

24        (720 ILCS 5/16H-20 new)
25        Sec.  16H-20.  Commercial  bribery  involving a financial
26    institution.
27        (a) A person commits the offense  of  commercial  bribery
28    involving a financial institution when the person confers, or
29    offers  or  agrees  to confer, any benefit upon any employee,
30    agent, or fiduciary  without  the  consent  of  the  latter's
31    employer  or  principal,  with intent to influence his or her
32    conduct in relation to his or her employer's  or  principal's
 
                            -3-      LRB093 10166 RLC 13587 a
 1    affairs.
 2        (b)  An  employee,  agent,  or  fiduciary  of a financial
 3    institution commits the offense of commercial  bribery  of  a
 4    financial institution when, without the consent of his or her
 5    employer or principal, he or she solicits, accepts, or agrees
 6    to  accept  any benefit from another person upon an agreement
 7    or understanding that such benefit will influence his or  her
 8    conduct  in  relation to his or her employer's or principal's
 9    affairs.

10        (720 ILCS 5/16H-25 new)
11        Sec.  16H-25.  Financial  institution  fraud.  A   person
12    commits  the  offense of financial institution fraud when the
13    person knowingly executes, or attempts to execute,  a  scheme
14    or  artifice  to defraud a financial institution or to obtain
15    any of the moneys, funds,  credits,  assets,  securities,  or
16    other  property owned by, or under the custody or control of,
17    a financial institution, by  means  of  false  or  fraudulent
18    pretense, representations, or promises.

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

30        (720 ILCS 5/16H-35 new)
31        Sec.  16H-35. Concealment of collateral. A person commits
 
                            -4-      LRB093 10166 RLC 13587 a
 1    the offense of concealment of  collateral  when  the  person,
 2    with intent to defraud, knowingly conceals, removes, disposes
 3    of,  or  converts  to  the  person's  own  use  or to that of
 4    another, any property mortgaged or pledged to or  held  by  a
 5    financial institution.

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

15        (720 ILCS 5/16H-45 new)
16        Sec.  16H-45.  Continuing  financial crimes enterprise. A
17    person commits the offense of a continuing  financial  crimes
18    enterprise when the person knowingly:
19        (1)  organizes, manages, supervises, or conducts a series
20    of violations under this Article, and
21        (2) receives $1,000,000 or more in  gross  receipts  from
22    such enterprise during any 12-month period.

23        (720 ILCS 5/16H-50 new)
24        Sec. 16H-50. Sentence.
25        (a)  A  financial crime, the full value of which does not
26    exceed $1,000, is a Class A misdemeanor.
27        (b) A person who has been convicted of a financial crime,
28    the full value of which does not exceed $1,000, and  who  has
29    been previously convicted of a financial crime or any type of
30    theft,   robbery,   armed   robbery,   burglary,  residential
31    burglary, possession of burglary tools, or home invasion,  is
 
                            -5-      LRB093 10166 RLC 13587 a
 1    guilty  of  a  Class 4 felony. When a person has such a prior
 2    conviction,  the  information  or  indictment  charging  that
 3    person shall state such prior conviction so as to give notice
 4    of the State's intention to treat the charge as a felony. The
 5    fact of such prior  conviction  is  not  an  element  of  the
 6    offense  and  may  not  be disclosed to the jury during trial
 7    unless otherwise permitted by issues properly  raised  during
 8    such trial.
 9        (c)  A  financial  crime, the full value of which exceeds
10    $1,000 but does not exceed $10,000, is a Class 4 felony. When
11    a charge of financial crime, the full value of which  exceeds
12    $1,000  but does not exceed $10,000, is brought, the value of
13    the financial crime involved is an element of the offense  to
14    be  resolved  by the trier of fact as either exceeding or not
15    exceeding $1,000.
16        (d) A financial crime, the full value  of  which  exceeds
17    $10,000  but  does  not exceed $100,000, is a Class 3 felony.
18    When a charge of financial crime, the  full  value  of  which
19    exceeds $10,000 but does not exceed $100,000, is brought, the
20    value  of  the  financial crime involved is an element of the
21    offense to be  resolved  by  the  trier  of  fact  as  either
22    exceeding or not exceeding $10,000.
23        (e)  A  financial crime which exceeds $100,000 is a Class
24    2 felony. When a charge of financial crime, the full value of
25    which  exceeds  $100,000,  is  brought,  the  value  of   the
26    financial  crime  involved is an element of the offense to be
27    resolved by the trier of fact  as  either  exceeding  or  not
28    exceeding $100,000.
29        (f)  A  financial  crime which is a financial institution
30    robbery is a Class 1 felony.
31        (g)  A financial crime which is  a  continuing  financial
32    crimes enterprise is a Class 1 felony.
33        (h)  Notwithstanding   any   other   provisions  of  this
34    Section, a financial crime that is loan fraud  in  connection
 
                            -6-      LRB093 10166 RLC 13587 a
 1    with  a  loan secured by residential real estate is a Class 4
 2    felony.

 3        Section. 99. Effective date. This Act takes  effect  upon
 4    becoming law.".