Full Text of SB2617 94th General Assembly
SB2617 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2617
Introduced 1/20/2006, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16H-10 |
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720 ILCS 5/17-1 |
from Ch. 38, par. 17-1 |
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Amends the Criminal Code of 1961. Includes a currency exchange in the definition of financial institution under the Illinois Financial Crime Law. In the statute concerning deceptive practices, provides that a person who, with the intent to defraud, makes or causes to be
made any false statement in writing in order to obtain services from a currency exchange, knowing such writing to be false, and with
the intent that it be relied upon, is guilty of a Class A misdemeanor. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2617 |
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LRB094 18711 RLC 54077 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 16H-10 and 17-1 as follows:
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| (720 ILCS 5/16H-10)
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| Sec. 16H-10. Definitions. In this Article unless the | 8 |
| context otherwise
requires:
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| (a) "Financial crime" means an offense described in this | 10 |
| Article.
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| (b) "Financial institution" means any bank, savings bank, | 12 |
| savings and
loan association, credit union, trust company, | 13 |
| currency exchange, or a
other depository of money, or
medium of | 14 |
| savings and collective investment.
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| (Source: P.A. 93-440, eff. 8-5-03 .)
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| (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
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| Sec. 17-1. Deceptive practices.
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| (A) Definitions.
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| As used in this Section:
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| (i) A
" Financial institution " means any bank, savings | 21 |
| and
loan association, credit union, or other depository of | 22 |
| money, or medium of
savings and collective investment.
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| (ii) An " account holder " is any person , having a | 24 |
| checking
account or savings account in a financial | 25 |
| institution.
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| (iii) To act with the "intent to defraud" means to act | 27 |
| wilfully, and with
the specific intent to deceive or cheat, | 28 |
| for the purpose of causing financial
loss to another, or to | 29 |
| bring some financial gain to oneself. It is not
necessary | 30 |
| to establish that any person was actually defrauded or | 31 |
| deceived.
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LRB094 18711 RLC 54077 b |
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| (B) General Deception .
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| A person commits a deceptive practice when,
with intent to | 3 |
| defraud , the person does any of the following :
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| (a) He or she causes another, by deception or threat ,
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| to execute
a document disposing of property or a document | 6 |
| by which a pecuniary obligation
is incurred . , or
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| (b) Being an officer, manager or other person | 8 |
| participating in the
direction of a financial institution, | 9 |
| he or she knowingly receives or
permits the receipt of a | 10 |
| deposit or other investment, knowing that the
institution | 11 |
| is insolvent . , or
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| (c) He or she knowingly makes or directs another to | 13 |
| make a false or
deceptive statement addressed to the public | 14 |
| for the purpose of promoting
the sale of property or | 15 |
| services . , or
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| (d) With intent to obtain control over property or to | 17 |
| pay for
property, labor or services of another, or in | 18 |
| satisfaction of an obligation
for payment of tax under the | 19 |
| Retailers' Occupation Tax Act or any other tax
due to the | 20 |
| State of Illinois, he or she issues or delivers a check or
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| other order upon a real or fictitious depository for the | 22 |
| payment of money,
knowing that it will not be paid by the | 23 |
| depository. Failure to have
sufficient funds or credit with | 24 |
| the depository when the check or other order
is issued or | 25 |
| delivered, or when such check or other order is presented | 26 |
| for
payment and dishonored on each of 2 occasions at least | 27 |
| 7 days apart, is prima
facie evidence that the offender | 28 |
| knows that it will not be paid by the
depository, and that | 29 |
| he or she has the intent to defraud. In this
paragraph (d), | 30 |
| "property" includes rental property (real or personal).
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| (e) He or she issues or delivers a check or other order | 32 |
| upon a real
or fictitious depository in an amount exceeding | 33 |
| $150 in payment of an amount
owed on any credit transaction | 34 |
| for property, labor or services, or in
payment of the | 35 |
| entire amount owed on any credit transaction for property,
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SB2617 |
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LRB094 18711 RLC 54077 b |
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| labor or services, knowing that it will not be paid by the | 2 |
| depository, and
thereafter fails to provide funds or credit | 3 |
| with the depository in the face
amount of the check or | 4 |
| order within 7
seven days of receiving actual
notice from | 5 |
| the depository or payee of the dishonor of the check or | 6 |
| order.
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| Sentence.
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| A person convicted of a deceptive practice under paragraph
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| paragraphs (a) , (b), (c), (d), or
through (e) of this | 10 |
| subsection
(B), except as otherwise provided by this Section, | 11 |
| is guilty of a Class A
misdemeanor.
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| A person convicted of a deceptive practice in violation of | 13 |
| paragraph (d)
a second or subsequent time shall be guilty of a | 14 |
| Class 4 felony.
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| A person convicted of deceptive practices in violation of | 16 |
| paragraph (d),
when the value of the property so obtained, in a | 17 |
| single transaction, or
in separate transactions within a 90 day | 18 |
| period, exceeds $150, shall be
guilty of a Class 4 felony. In | 19 |
| the case of a prosecution for separate
transactions totaling | 20 |
| more than $150 within a 90 day period, such separate
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| transactions shall be alleged in a single charge and provided | 22 |
| in a
single prosecution.
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| (C) Deception on a Bank or Other Financial Institution .
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| (1) False Statements .
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| 1) Any person who, with the intent to defraud, makes or | 26 |
| causes to be
made , any false statement in writing in order to | 27 |
| obtain an account with
a bank or other financial institution, | 28 |
| or to obtain credit from a bank or
other financial institution, | 29 |
| or to obtain services from a currency exchange, knowing such | 30 |
| writing to be false, and with
the intent that it be relied | 31 |
| upon, is guilty of a Class A misdemeanor.
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| For purposes of this subsection (C), a false statement | 33 |
| shall mean any false
statement representing identity, address, | 34 |
| or employment, or the identity,
address or employment of any | 35 |
| person, firm or corporation.
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LRB094 18711 RLC 54077 b |
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| (2) Possession of Stolen or Fraudulently Obtained Checks .
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| 2) Any person who possesses, with the intent to obtain | 3 |
| access to
funds of another person held in a real or fictitious | 4 |
| deposit account at a
financial institution, makes a false | 5 |
| statement or a misrepresentation to the
financial institution, | 6 |
| or possesses, transfers, negotiates, or presents for
payment a | 7 |
| check, draft, or other item purported to direct the financial
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| institution to withdraw or pay funds out of the account | 9 |
| holder's deposit
account with knowledge that such possession, | 10 |
| transfer, negotiation, or
presentment is not authorized by the | 11 |
| account holder or the issuing financial
institution
is guilty | 12 |
| of a Class A misdemeanor. A person shall be deemed to have been
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| authorized to possess, transfer, negotiate, or present for | 14 |
| payment such item
if the person was otherwise entitled by law | 15 |
| to withdraw or recover funds
from the account in question and | 16 |
| followed the requisite procedures under
the law. In the event | 17 |
| that the account holder, upon discovery of the
withdrawal or | 18 |
| payment, claims that the withdrawal or payment was not
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| authorized, the financial institution may require the account | 20 |
| holder to
submit an affidavit to that effect on a form | 21 |
| satisfactory to the financial
institution before the financial | 22 |
| institution may be required to credit the
account in an amount | 23 |
| equal to the amount or amounts that were withdrawn
or paid | 24 |
| without authorization.
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| Any person who, within any 12 month period, violates this | 26 |
| Section with
respect to 3 or more checks or orders for the | 27 |
| payment of money at the same
time or consecutively, each the | 28 |
| property of a different account holder
or financial | 29 |
| institution, is guilty of a Class 4 felony.
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| ( 3) Possession of Implements of Check Fraud.
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| Any person who possesses, with the intent to defraud , and | 32 |
| without the
authority of the account holder or financial | 33 |
| institution , any check
imprinter, signature imprinter, or | 34 |
| "certified" stamp is guilty of a Class A
misdemeanor.
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| A person who within any 12 month period violates this | 36 |
| subsection (C) as
to possession of 3 or more such devices at |
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LRB094 18711 RLC 54077 b |
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| the same time or consecutively,
is guilty of a Class 4 felony.
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| (4) Possession of Identification Card .
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| 4) Any person , who , with the intent to defraud, possesses | 4 |
| any
check guarantee card or key card or identification card for | 5 |
| cash dispensing
machines without the authority of the account | 6 |
| holder or financial
institution , is guilty of a Class A | 7 |
| misdemeanor.
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| A person who, within any 12 month period, violates this | 9 |
| Section at the
same time or consecutively with respect to 3 or | 10 |
| more cards, each the property
of different account holders, is | 11 |
| guilty of a Class 4 felony.
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| A person convicted under this Section, when the value of | 13 |
| property so
obtained, in a single transaction, or in separate | 14 |
| transactions within any
90 day period, exceeds $150 shall be | 15 |
| guilty of a Class 4 felony.
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| (Source: P.A. 92-633, eff. 1-1-03; 92-646, eff. 1-1-03; revised | 17 |
| 10-3-02.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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