093_HB3053enr

 
HB3053 Enrolled                      LRB093 06827 JLS 06972 b

 1        AN ACT concerning business practices.

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

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.595 as follows:

 6        (30 ILCS 105/5.595 new)
 7        Sec. 5.595.  The Corporate Crime Fund.

 8        Section  10.  The  Criminal  Code  of  1961 is amended by
 9    changing Section 29A-3 and adding Sections 17-26, 17-27,  and
10    29A-4 as follows:

11        (720 ILCS 5/17-26 new)
12        Sec. 17-26.  Misconduct by a corporate official.
13        (a)  A person is guilty of a crime when:
14             (1)  being a director of a corporation, he knowingly
15        with  a purpose to defraud, concurs in any vote or act of
16        the directors of the corporation, or any of  them,  which
17        has the purpose of:
18                  (A)  making  a  dividend  except  in the manner
19             provided by law;
20                  (B)  dividing, withdrawing  or  in  any  manner
21             paying any stockholder any part of the capital stock
22             of  the corporation except in the manner provided by
23             law;
24                  (C)  discounting or receiving any note or other
25             evidence of debt in payment  of  an  installment  of
26             capital  stock actually called in and required to be
27             paid, or with purpose  of  providing  the  means  of
28             making such payment;
29                  (D)  receiving or discounting any note or other
 
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 1             evidence  of  debt  with the purpose of enabling any
 2             stockholder to withdraw any part of the  money  paid
 3             in by him on his stock; or
 4                  (E)  applying  any portion of the funds of such
 5             corporation, directly or indirectly, to the purchase
 6             of shares of its own stock,  except  in  the  manner
 7             provided by law; or
 8             (2)  being  a  director or officer of a corporation,
 9        he, with purpose to defraud:
10                  (A)  issues,  participates   in   issuing,   or
11             concurs  in  a  vote  to  issue  any increase of its
12             capital stock beyond the amount of the capital stock
13             thereof, duly authorized by or in pursuance of law;
14                  (B)  sells, or agrees to sell, or  is  directly
15             interested in the sale of any share of stock of such
16             corporation, or in any agreement to sell such stock,
17             unless at the time of the sale or agreement he is an
18             actual  owner  of  such  share,  provided  that  the
19             foregoing  shall not apply to a sale by or on behalf
20             of an underwriter or dealer  in  connection  with  a
21             bona fide public offering of shares of stock of such
22             corporation;
23                  (C)  executes a scheme or attempts to execute a
24             scheme   to  obtain  any  share  of  stock  of  such
25             corporation by means of false representation; or
26             (3)  being a director or officer of  a  corporation,
27        he   with   purpose  to  defraud  or  evade  a  financial
28        disclosure reporting requirement  of  this  State  or  of
29        Section  13(A) or 15(D) of the Securities Exchange Act of
30        1934, as amended, 15 U. S. C. 78M(A) or 78O(D), he:
31                  (A)  causes or attempts to cause a  corporation
32             or  accounting  firm representing the corporation or
33             any other individual or entity to  fail  to  file  a
34             financial  disclosure report as required by State or
 
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 1             federal law; or
 2                  (B)  causes or attempts to cause a  corporation
 3             or  accounting  firm representing the corporation or
 4             any other individual or entity to file  a  financial
 5             disclosure  report,  as required by State or federal
 6             law,  that   contains   a   material   omission   or
 7             misstatement of fact.
 8        (b)  If  the  benefit  derived  from  a violation of this
 9    Section is $500,000 or more, the  offender  is  guilty  of  a
10    Class  2  felony.  If the benefit derived from a violation of
11    this Section is less than $500,000, the offender is guilty of
12    a Class 3 felony.

13        (720 ILCS 5/17-27 new)
14        Sec. 17-27.  Fraud in insolvency.
15        (a)  A  person  commits  a   crime   if,   knowing   that
16    proceedings  have  or  are  about  to  be  instituted for the
17    appointment  of  a  receiver  or  other  person  entitled  to
18    administer property for the benefit of creditors, or that any
19    other composition or liquidation for the benefit of creditors
20    has been or is about to be made, he:
21             (1)  destroys,   removes,    conceals,    encumbers,
22        transfers,  or  otherwise  deals  with  any  property  or
23        obtains  any  substantial  part  of  or  interest  in the
24        debtor's estate with purpose to defeat  or  obstruct  the
25        claim  of  any  creditor,  or  otherwise  to obstruct the
26        operation  of  any  law  relating  to  administration  of
27        property for the benefit of creditors;
28             (2)  knowingly  falsifies  any  writing  or   record
29        relating to the property; or
30             (3)  knowingly  misrepresents or refuses to disclose
31        to a receiver or  other  person  entitled  to  administer
32        property  for  the  benefit  of creditors, the existence,
33        amount,  or  location  of  the  property,  or  any  other
 
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 1        information which the actor could be legally required  to
 2        furnish in relation to such administration.
 3        (b)  If  the  benefit  derived  from  a violation of this
 4    Section is $500,000 or more, the  offender  is  guilty  of  a
 5    Class  2  felony.  If the benefit derived from a violation of
 6    this Section is less than $500,000, the offender is guilty of
 7    a Class 3 felony.

 8        (720 ILCS 5/29A-3) (from Ch. 38, par. 29A-3)
 9        Sec. 29A-3.  Sentence.
10        (a)  If the benefit offered, conferred, or agreed  to  be
11    conferred,  solicited,  accepted  or agreed to be accepted is
12    less than $500,000, commercial bribery  or  commercial  bribe
13    receiving  is  a  Class  A misdemeanor and the sentence shall
14    include, but not be limited to, business offense for which  a
15    fine shall be imposed not to exceed $5,000.
16        (b)  If  the  benefit offered, conferred, or agreed to be
17    conferred, solicited, accepted, or agreed to be  accepted  in
18    violation  of  this Article is $500,000 or more, the offender
19    is guilty of a Class 3 felony.
20    (Source: P.A. 77-2638.)

21        (720 ILCS 5/29A-4 new)
22        Sec. 29A-4.  Corporate Crime Fund.
23        (a)  In addition to any fines, penalties, and assessments
24    otherwise authorized under this Code, any person convicted of
25    a violation of this Article or Section 17-26 or 17-27 of this
26    Code shall be assessed a penalty of not more than 3 times the
27    value of all property involved in the criminal activity.
28        (b)  The penalties assessed under subsection (a) shall be
29    deposited into the  Corporate  Crime  Fund,  a  special  fund
30    hereby  created  in  the  State  treasury. Moneys in the Fund
31    shall be used  to  make  restitution  to  a  person  who  has
32    suffered  property  loss  as  a  result of violations of this
 
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 1    Article. The  court  may  determine  the  reasonable  amount,
 2    terms,  and conditions of the restitution. In determining the
 3    amount and method of payment of restitution, the court  shall
 4    take into account all financial resources of the defendant.