093_SB1053sam003
LRB093 10166 RLC 14507 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 the
10 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 bank,
5 savings and loan association, credit union, or other
6 depository of money, or medium of savings and collective
7 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
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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 violations of this
6 Article.
7 (720 ILCS 5/16H-55 new)
8 Sec. 16H-55. Organizer of a continuing financial crimes
9 enterprise.
10 (a) A person commits the offense of being an organizer
11 of a continuing financial crimes enterprise when the person:
12 (1) with the intent that a violation of this Article
13 be committed, agrees with another person to the
14 commission of that offense on 3 or more separate
15 occasions within an 18 month period, and
16 (2) with respect to the other persons within the
17 conspiracy, occupies a position of organizer, supervisor,
18 or financier or other position of management.
19 (b) The person with whom the accused agreed to commit the
20 3 or more violations of this Article need not be the same
21 person or persons for each violation, as long as the accused
22 was a part of the common scheme or plan to engage in each of
23 the 3 or more alleged violations.
24 (720 ILCS 5/16H-60 new)
25 Sec. 16H-60. Sentence.
26 (a) A financial crime, the full value of which does not
27 exceed $300, is a Class A misdemeanor.
28 (b) A person who has been convicted of a financial crime,
29 the full value of which does not exceed $300, and who has
30 been previously convicted of a financial crime or any type of
31 theft, robbery, armed robbery, burglary, residential
32 burglary, possession of burglary tools, or home invasion, is
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1 guilty of a Class 4 felony. When a person has such 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 $300 but does not exceed $10,000, is a Class 3 felony. When a
11 charge of financial crime, the full value of which exceeds
12 $300 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 $300.
16 (d) A financial crime, the full value of which exceeds
17 $10,000 but does not exceed $100,000, is a Class 2 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, the full value of which exceeds
24 $100,000, is a Class 1 felony. When a charge of financial
25 crime, the full value of which exceeds $100,000, is brought,
26 the value of the financial crime involved is an element of
27 the offense to be resolved by the trier of fact as either
28 exceeding or not 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) A financial crime which is the offense of being an
34 organizer of a continuing financial crimes enterprise is a
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1 Class X felony.
2 (i) Notwithstanding any other provisions of this
3 Section, a financial crime which is loan fraud in connection
4 with a loan secured by residential real estate is a Class 4
5 felony.
6 (720 ILCS 5/16H-65 new)
7 Sec. 16H-65. Period of limitations. The period of
8 limitations for prosecution of any offense defined in this
9 Article begins at the time when the last act in furtherance
10 of the offense is committed.
11 (720 ILCS 5/17-24)
12 Sec. 17-24. Fraudulent schemes and artifices.
13 (a) Fraud by wire, radio, or television.
14 (1) A person commits wire fraud when he or she:
15 (A) devises or intends to devise a scheme or
16 artifice to defraud or to obtain money or property
17 by means of false pretenses, representations, or
18 promises; and
19 (B) (i) transmits or causes to be transmitted
20 from within this State; or
21 (ii) transmits or causes to be
22 transmitted so that it is received by a person
23 within this State; or
24 (iii) transmits or causes to be
25 transmitted so that it is reasonably
26 foreseeable that it will be accessed by a
27 person within this State:
28 any writings, signals, pictures, sounds, or electronic or
29 electric impulses by means of wire, radio, or television
30 communications for the purpose of executing the scheme or
31 artifice.
32 (2) A scheme or artifice to defraud using
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1 electronic transmissions is deemed to occur in the county
2 from which a transmission is sent, if the transmission is
3 sent from within this State, the county in which a person
4 within this State receives the transmission, and the
5 county in which a person who is within this State is
6 located when the person accesses a transmission.
7 (3) Wire fraud is a Class 3 felony.
8 (b) Mail fraud.
9 (1) A person commits mail fraud when he or she:
10 (A) devises or intends to devise any scheme or
11 artifice to defraud or to obtain money or property
12 by means of false or fraudulent pretenses,
13 representations or promises, or to sell, dispose of,
14 loan, exchange, alter, give away, distribute,
15 supply, or furnish or procure for unlawful use any
16 counterfeit obligation, security, or other article,
17 or anything represented to be or intimidated or held
18 out to be such counterfeit or spurious article; and
19 (B) for the purpose of executing such scheme
20 or artifice or attempting so to do, places in any
21 post office or authorized depository for mail matter
22 within this State, any matter or thing whatever to
23 be delivered by the Postal Service, or deposits or
24 causes to be deposited in this State by mail or by
25 private or commercial carrier according to the
26 direction on the matter or thing, or at the place at
27 which it is directed to be delivered by the person
28 to whom it is addressed, any such matter or thing.
29 (2) A scheme or artifice to defraud using a
30 government or private carrier is deemed to occur in the
31 county in which mail or other matter is deposited with
32 the Postal Service or a private commercial carrier for
33 delivery, if deposited with the Postal Service or a
34 private or commercial carrier within this State and the
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1 county in which a person within this State receives the
2 mail or other matter from the Postal Service or a private
3 or commercial carrier.
4 (3) Mail fraud is a Class 3 felony.
5 (c) (Blank). Financial institution fraud.
6 (1) A person is guilty of financial institution
7 fraud who knowingly executes or attempts to execute a
8 scheme or artifice:
9 (i) to defraud a financial institution; or
10 (ii) to obtain any of the moneys, funds,
11 credits, assets, securities, or other property owned
12 by, or under the custody or control of a financial
13 institution, by means of pretenses, representations,
14 or promises he or she knows to be false.
15 (2) Financial institution fraud is a Class 3
16 felony.
17 (d) The period of limitations for prosecution of any
18 offense defined in this Section begins at the time when the
19 last act in furtherance of the scheme or artifice is
20 committed.
21 (e) In this Section:
22 (1) "Scheme or artifice to defraud" includes a
23 scheme or artifice to deprive another of the intangible
24 right to honest services.
25 (2) (Blank). "Financial institution" has the
26 meaning ascribed to it in paragraph (i) of subsection (A)
27 of Section 17-1 of this Code.
28 (Source: P.A. 91-228, eff. 1-1-00; 92-16, eff. 6-28-01.)
29 Section 99. This Act takes effect upon becoming law.".