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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 17-10.6 as follows: | ||||||
6 | (720 ILCS 5/17-10.6) | ||||||
7 | (Text of Section before amendment by P.A. 96-1532 ) | ||||||
8 | Sec. 17-10.6. Financial institution fraud. | ||||||
9 | (a) Misappropriation of financial institution property. A | ||||||
10 | person commits misappropriation of a financial institution's | ||||||
11 | property whenever he or she knowingly obtains or exerts | ||||||
12 | unauthorized control over any of the moneys, funds, credits, | ||||||
13 | assets, securities, or other property owned by or under the | ||||||
14 | custody or control of a financial institution, or under the | ||||||
15 | custody or care of any agent, officer, director, or employee of | ||||||
16 | such financial institution. | ||||||
17 | (b) Commercial bribery of a financial institution. | ||||||
18 | (1) A person commits commercial bribery of a financial | ||||||
19 | institution when he or she knowingly confers or offers or | ||||||
20 | agrees to confer any benefit upon any employee, agent, or | ||||||
21 | fiduciary without the consent of the latter's employer or | ||||||
22 | principal, with the intent to influence his or her conduct | ||||||
23 | in relation to his or her employer's or principal's |
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1 | affairs. | ||||||
2 | (2) An employee, agent, or fiduciary of a financial | ||||||
3 | institution commits commercial bribery of a financial | ||||||
4 | institution when, without the consent of his or her | ||||||
5 | employer or principal, he or she knowingly solicits, | ||||||
6 | accepts, or agrees to accept any benefit from another | ||||||
7 | person upon an agreement or understanding that such benefit | ||||||
8 | will influence his or her conduct in relation to his or her | ||||||
9 | employer's or principal's affairs. | ||||||
10 | (c) Financial institution fraud. A person commits | ||||||
11 | financial institution fraud when he or she knowingly executes | ||||||
12 | or attempts to execute a scheme or artifice: | ||||||
13 | (1) to defraud a financial institution; or | ||||||
14 | (2) to obtain any of the moneys, funds, credits, | ||||||
15 | assets, securities, or other property owned by or under the | ||||||
16 | custody or control of a financial institution, by means of | ||||||
17 | pretenses, representations, or promises he or she knows to | ||||||
18 | be false. | ||||||
19 | (d) Loan fraud. A person commits loan fraud when he or she | ||||||
20 | knowingly, with intent to defraud, makes any false statement or | ||||||
21 | report, or overvalues any land, property, or security, with the | ||||||
22 | intent to influence in any way the action of a financial | ||||||
23 | institution to act upon any application, advance, discount, | ||||||
24 | purchase, purchase agreement, repurchase agreement, | ||||||
25 | commitment, or loan, or any change or extension of any of the | ||||||
26 | same, by renewal, deferment of action, or otherwise, or the |
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1 | acceptance, release, or substitution of security. | ||||||
2 | (e) Concealment of collateral. A person commits | ||||||
3 | concealment of collateral when he or she, with intent to | ||||||
4 | defraud, knowingly conceals, removes, disposes of, or converts | ||||||
5 | to the person's own use or to that of another any property | ||||||
6 | mortgaged or pledged to or held by a financial institution. | ||||||
7 | (f) Financial institution robbery. A person commits | ||||||
8 | robbery when he or she knowingly, by force or threat of force, | ||||||
9 | or by intimidation, takes, or attempts to take, from the person | ||||||
10 | or presence of another, or obtains or attempts to obtain by | ||||||
11 | extortion, any property or money or any other thing of value | ||||||
12 | belonging to, or in the care, custody, control, management, or | ||||||
13 | possession of, a financial institution. | ||||||
14 | (g) Conspiracy to commit a financial crime. | ||||||
15 | (1) A person commits conspiracy to commit a financial | ||||||
16 | crime when, with the intent that any violation of this | ||||||
17 | Section be committed, he or she agrees with another person | ||||||
18 | to the commission of that offense. | ||||||
19 | (2) No person may be convicted of conspiracy to commit | ||||||
20 | a financial crime unless an overt act or acts in | ||||||
21 | furtherance of the agreement is alleged and proved to have | ||||||
22 | been committed by that person or by a co-conspirator and | ||||||
23 | the accused is a part of a common scheme or plan to engage | ||||||
24 | in the unlawful activity. | ||||||
25 | (3) It shall not be a defense to conspiracy to commit a | ||||||
26 | financial crime that the person or persons with whom the |
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1 | accused is alleged to have conspired: | ||||||
2 | (A) has not been prosecuted or convicted; | ||||||
3 | (B) has been convicted of a different offense; | ||||||
4 | (C) is not amenable to justice; | ||||||
5 | (D) has been acquitted; or | ||||||
6 | (E) lacked the capacity to commit the offense. | ||||||
7 | (h) Continuing financial crimes enterprise. A person | ||||||
8 | commits a continuing financial crimes enterprise when he or she | ||||||
9 | knowingly, within an 18-month period, commits 3 or more | ||||||
10 | separate offenses under this Section or, if involving a | ||||||
11 | financial institution, any other felony offenses under this | ||||||
12 | Code. | ||||||
13 | (i) Organizer of a continuing financial crimes enterprise. | ||||||
14 | (1) A person commits being an organizer of a continuing | ||||||
15 | financial crimes enterprise when he or she: | ||||||
16 | (A) with the intent to commit any offense under | ||||||
17 | this Section, or, if involving a financial | ||||||
18 | institution, any other felony offense under this Code, | ||||||
19 | agrees with another person to the commission of that | ||||||
20 | offense on 3 or more separate occasions within an | ||||||
21 | 18-month period; and | ||||||
22 | (B) with respect to the other persons within the | ||||||
23 | conspiracy, occupies a position of organizer, | ||||||
24 | supervisor, or financier or other position of | ||||||
25 | management. | ||||||
26 | (2) The person with whom the accused agreed to commit |
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1 | the 3 or more offenses under this Section, or, if involving | ||||||
2 | a financial institution, any other felony offenses under | ||||||
3 | this Code, need not be the same person or persons for each | ||||||
4 | offense, as long as the accused was a part of the common | ||||||
5 | scheme or plan to engage in each of the 3 or more alleged | ||||||
6 | offenses. | ||||||
7 | (j) Sentence. | ||||||
8 | (1) Except as otherwise provided in this subsection, a | ||||||
9 | violation of this Section, the full value of which: | ||||||
10 | (A) does not exceed $500, is a Class A misdemeanor; | ||||||
11 | (B) does not exceed $500, and the person has been | ||||||
12 | previously convicted of a financial crime or any type | ||||||
13 | of theft, robbery, armed robbery, burglary, | ||||||
14 | residential burglary, possession of burglary tools, or | ||||||
15 | home invasion, is guilty of a Class 4 felony; | ||||||
16 | (C) exceeds $500 but does not exceed $10,000, is a | ||||||
17 | Class 3 felony; | ||||||
18 | (D) exceeds $10,000 but does not exceed $100,000, | ||||||
19 | is a Class 2 felony; | ||||||
20 | (E) exceeds $100,000, is a Class 1 felony. | ||||||
21 | (2) A violation of subsection (f) is a Class 1 felony. | ||||||
22 | (3) A violation of subsection (h) is a Class 1 felony. | ||||||
23 | (4) A violation for subsection (i) is a Class X felony. | ||||||
24 | (k) A "financial crime" means an offense described in this | ||||||
25 | Section. | ||||||
26 | (l) Period of limitations. The period of limitations for |
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1 | prosecution of any offense defined in this Section begins at | ||||||
2 | the time when the last act in furtherance of the offense is | ||||||
3 | committed.
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4 | (Source: P.A. 96-1551, eff. 7-1-11.) | ||||||
5 | (Text of Section after amendment by P.A. 96-1532 ) | ||||||
6 | Sec. 17-10.6. Financial institution fraud. | ||||||
7 | (a) Misappropriation of financial institution property. A | ||||||
8 | person commits misappropriation of a financial institution's | ||||||
9 | property whenever he or she knowingly obtains or exerts | ||||||
10 | unauthorized control over any of the moneys, funds, credits, | ||||||
11 | assets, securities, or other property owned by or under the | ||||||
12 | custody or control of a financial institution, or under the | ||||||
13 | custody or care of any agent, officer, director, or employee of | ||||||
14 | such financial institution. | ||||||
15 | (b) Commercial bribery of a financial institution. | ||||||
16 | (1) A person commits commercial bribery of a financial | ||||||
17 | institution when he or she knowingly confers or offers or | ||||||
18 | agrees to confer any benefit upon any employee, agent, or | ||||||
19 | fiduciary without the consent of the latter's employer or | ||||||
20 | principal, with the intent to influence his or her conduct | ||||||
21 | in relation to his or her employer's or principal's | ||||||
22 | affairs. | ||||||
23 | (2) An employee, agent, or fiduciary of a financial | ||||||
24 | institution commits commercial bribery of a financial | ||||||
25 | institution when, without the consent of his or her |
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1 | employer or principal, he or she knowingly solicits, | ||||||
2 | accepts, or agrees to accept any benefit from another | ||||||
3 | person upon an agreement or understanding that such benefit | ||||||
4 | will influence his or her conduct in relation to his or her | ||||||
5 | employer's or principal's affairs. | ||||||
6 | (c) Financial institution fraud. A person commits | ||||||
7 | financial institution fraud when he or she knowingly executes | ||||||
8 | or attempts to execute a scheme or artifice: | ||||||
9 | (1) to defraud a financial institution; or | ||||||
10 | (2) to obtain any of the moneys, funds, credits, | ||||||
11 | assets, securities, or other property owned by or under the | ||||||
12 | custody or control of a financial institution, by means of | ||||||
13 | pretenses, representations, or promises he or she knows to | ||||||
14 | be false. | ||||||
15 | (d) Loan fraud. A person commits loan fraud when he or she | ||||||
16 | knowingly, with intent to defraud, makes any false statement or | ||||||
17 | report, or overvalues any land, property, or security, with the | ||||||
18 | intent to influence in any way the action of a financial | ||||||
19 | institution to act upon any application, advance, discount, | ||||||
20 | purchase, purchase agreement, repurchase agreement, | ||||||
21 | commitment, or loan, or any change or extension of any of the | ||||||
22 | same, by renewal, deferment of action, or otherwise, or the | ||||||
23 | acceptance, release, or substitution of security. | ||||||
24 | (e) Concealment of collateral. A person commits | ||||||
25 | concealment of collateral when he or she, with intent to | ||||||
26 | defraud, knowingly conceals, removes, disposes of, or converts |
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1 | to the person's own use or to that of another any property | ||||||
2 | mortgaged or pledged to or held by a financial institution. | ||||||
3 | (f) Financial institution robbery. A person commits | ||||||
4 | robbery when he or she knowingly, by force or threat of force, | ||||||
5 | or by intimidation, takes, or attempts to take, from the person | ||||||
6 | or presence of another, or obtains or attempts to obtain by | ||||||
7 | extortion, any property or money or any other thing of value | ||||||
8 | belonging to, or in the care, custody, control, management, or | ||||||
9 | possession of, a financial institution. | ||||||
10 | (g) Conspiracy to commit a financial crime. | ||||||
11 | (1) A person commits conspiracy to commit a financial | ||||||
12 | crime when, with the intent that any violation of this | ||||||
13 | Section be committed, he or she agrees with another person | ||||||
14 | to the commission of that offense. | ||||||
15 | (2) No person may be convicted of conspiracy to commit | ||||||
16 | a financial crime unless an overt act or acts in | ||||||
17 | furtherance of the agreement is alleged and proved to have | ||||||
18 | been committed by that person or by a co-conspirator and | ||||||
19 | the accused is a part of a common scheme or plan to engage | ||||||
20 | in the unlawful activity. | ||||||
21 | (3) It shall not be a defense to conspiracy to commit a | ||||||
22 | financial crime that the person or persons with whom the | ||||||
23 | accused is alleged to have conspired: | ||||||
24 | (A) has not been prosecuted or convicted; | ||||||
25 | (B) has been convicted of a different offense; | ||||||
26 | (C) is not amenable to justice; |
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1 | (D) has been acquitted; or | ||||||
2 | (E) lacked the capacity to commit the offense. | ||||||
3 | (h) Continuing financial crimes enterprise. A person | ||||||
4 | commits a continuing financial crimes enterprise when he or she | ||||||
5 | knowingly, within an 18-month period, commits 3 or more | ||||||
6 | separate offenses constituting any combination of the | ||||||
7 | following: | ||||||
8 | (1) an offense under this Section ; | ||||||
9 | (2) a felony offense in violation of Section 16A-3 or | ||||||
10 | paragraph (4) or (5) of subsection (a) of Section 16-1 of | ||||||
11 | this Code for the purpose of reselling or otherwise | ||||||
12 | re-entering the merchandise in commerce, including | ||||||
13 | conveying the merchandise to a merchant in exchange for | ||||||
14 | anything of value; or | ||||||
15 | (3) , if involving a financial institution, any other | ||||||
16 | felony offense offenses under this Code. | ||||||
17 | (i) Organizer of a continuing financial crimes enterprise. | ||||||
18 | (1) A person commits being an organizer of a continuing | ||||||
19 | financial crimes enterprise when he or she: | ||||||
20 | (A) with the intent to commit any offense under | ||||||
21 | this Section , agrees with another person to the | ||||||
22 | commission of any combination of the following | ||||||
23 | offenses on 3 or
more separate occasions within an | ||||||
24 | 18-month period: | ||||||
25 | (i) an offense under this Section; | ||||||
26 | (ii) a felony offense in violation of Section |
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1 | 16A-3 or paragraph (4) or (5) of subsection (a) of | ||||||
2 | Section 16-1 of this Code for the purpose of | ||||||
3 | reselling or otherwise re-entering the merchandise | ||||||
4 | in commerce, including conveying the merchandise | ||||||
5 | to a merchant in exchange for anything of value; or | ||||||
6 | (iii) , if involving a financial institution, | ||||||
7 | any other felony offense under this Code , agrees | ||||||
8 | with another person to the commission of that | ||||||
9 | offense on 3 or more separate occasions within an | ||||||
10 | 18-month period ; and | ||||||
11 | (B) with respect to the other persons within the | ||||||
12 | conspiracy, occupies a position of organizer, | ||||||
13 | supervisor, or financier or other position of | ||||||
14 | management. | ||||||
15 | (2) The person with whom the accused agreed to commit | ||||||
16 | the 3 or more offenses under this Section, or, if involving | ||||||
17 | a financial institution, any other felony offenses under | ||||||
18 | this Code, need not be the same person or persons for each | ||||||
19 | 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 | (j) Sentence. | ||||||
23 | (1) Except as otherwise provided in this subsection, a | ||||||
24 | violation of this Section, the full value of which: | ||||||
25 | (A) does not exceed $500, is a Class A misdemeanor; | ||||||
26 | (B) does not exceed $500, and the person has been |
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1 | previously convicted of a financial crime or any type | ||||||
2 | of theft, robbery, armed robbery, burglary, | ||||||
3 | residential burglary, possession of burglary tools, or | ||||||
4 | home invasion, is guilty of a Class 4 felony; | ||||||
5 | (C) exceeds $500 but does not exceed $10,000, is a | ||||||
6 | Class 3 felony; | ||||||
7 | (D) exceeds $10,000 but does not exceed $100,000, | ||||||
8 | is a Class 2 felony; | ||||||
9 | (E) exceeds $100,000, is a Class 1 felony. | ||||||
10 | (2) A violation of subsection (f) is a Class 1 felony. | ||||||
11 | (3) A violation of subsection (h) is a Class 1 felony. | ||||||
12 | (4) A violation for subsection (i) is a Class X felony. | ||||||
13 | (k) A "financial crime" means an offense described in this | ||||||
14 | Section. | ||||||
15 | (l) Period of limitations. The period of limitations for | ||||||
16 | prosecution of any offense defined in this Section begins at | ||||||
17 | the time when the last act in furtherance of the offense is | ||||||
18 | committed.
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19 | (m) Forfeiture. Any violation of subdivision (2) of | ||||||
20 | subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to | ||||||
21 | the remedies, procedures, and forfeiture as set forth in | ||||||
22 | subsections (f) through (s) of Section 29B-1 of this Code. | ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532, | ||||||
24 | eff. 1-1-12; revised 3-23-11.) | ||||||
25 | Section 95. No acceleration or delay. Where this Act makes |
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1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act.
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7 | Section 99. Effective date. This Act takes effect July 1, | ||||||
8 | 2011.
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