Full Text of HB5749 96th General Assembly
HB5749enr 96TH GENERAL ASSEMBLY
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HB5749 Enrolled |
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LRB096 18684 RLC 34068 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 |
| Section 17-1 as follows: | 6 |
| (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | 7 |
| Sec. 17-1. Deceptive practices. | 8 |
| (A) Definitions. | 9 |
| As used in this Section: | 10 |
| (i)
"Financial institution" means any bank, savings | 11 |
| and
loan association, credit union, or other depository of | 12 |
| money, or medium of
savings and collective investment. | 13 |
| (ii) An "account holder" is any person having a | 14 |
| checking
account or savings account in a financial | 15 |
| institution. | 16 |
| (iii) To act with the "intent to defraud" means to act | 17 |
| wilfully, and with
the specific intent to deceive or cheat, | 18 |
| for the purpose of causing financial
loss to another, or to | 19 |
| bring some financial gain to oneself. It is not
necessary | 20 |
| to establish that any person was actually defrauded or | 21 |
| deceived.
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| (B) General Deception. |
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| A person commits a deceptive practice when,
with intent to | 2 |
| defraud, the person does any of the following: | 3 |
| (a) He or she causes another, by deception or threat,
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| to execute
a document disposing of property or a document | 5 |
| by which a pecuniary obligation
is incurred. | 6 |
| (b) Being an officer, manager or other person | 7 |
| participating in the
direction of a financial institution, | 8 |
| he or she knowingly receives or
permits the receipt of a | 9 |
| deposit or other investment, knowing that the
institution | 10 |
| is insolvent. | 11 |
| (c) He or she knowingly makes or directs another to | 12 |
| make a false or
deceptive statement addressed to the public | 13 |
| for the purpose of promoting
the sale of property or | 14 |
| services. | 15 |
| (d) With intent to obtain control over property or to | 16 |
| pay for
property, labor or services of another, or in | 17 |
| satisfaction of an obligation
for payment of tax under the | 18 |
| Retailers' Occupation Tax Act or any other tax
due to the | 19 |
| 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 | 21 |
| payment of money,
knowing that it will not be paid by the | 22 |
| depository. Failure to have
sufficient funds or credit with | 23 |
| the depository when the check or other order
is issued or | 24 |
| delivered, or when such check or other order is presented | 25 |
| for
payment and dishonored on each of 2 occasions at least | 26 |
| 7 days apart, is prima
facie evidence that the offender |
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| knows that it will not be paid by the
depository, and that | 2 |
| he or she has the intent to defraud. In this
paragraph (d), | 3 |
| "property" includes rental property (real or personal). | 4 |
| (e) He or she issues or delivers a check or other order | 5 |
| upon a real
or fictitious depository in an amount exceeding | 6 |
| $150 in payment of an amount
owed on any credit transaction | 7 |
| for property, labor or services, or in
payment of the | 8 |
| entire amount owed on any credit transaction for property,
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| labor or services, knowing that it will not be paid by the | 10 |
| depository, and
thereafter fails to provide funds or credit | 11 |
| with the depository in the face
amount of the check or | 12 |
| order within 7 days of receiving actual
notice from the | 13 |
| depository or payee of the dishonor of the check or order. | 14 |
| Sentence. | 15 |
| A person convicted of a deceptive practice under paragraph | 16 |
| (a), (b), (c), (d), or (e) of this subsection
(B), except as | 17 |
| otherwise provided by this Section, is guilty of a Class A
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| misdemeanor. | 19 |
| A person convicted of a deceptive practice in violation of | 20 |
| paragraph (d)
a second or subsequent time shall be guilty of a | 21 |
| Class 4 felony. | 22 |
| A person convicted of deceptive practices in violation of | 23 |
| paragraph (a) or (d),
when the value of the property so | 24 |
| obtained, in a single transaction, or
in separate transactions | 25 |
| within a 90 day period, exceeds $150, shall be
guilty of a | 26 |
| Class 4 felony. In the case of a prosecution for separate
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| transactions totaling more than $150 within a 90 day period, | 2 |
| such separate
transactions shall be alleged in a single charge | 3 |
| and provided in a
single prosecution.
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| (C) Deception on a Bank or Other Financial Institution. | 5 |
| (1) False Statements. | 6 |
| Any person who, with the intent to defraud, makes or causes | 7 |
| to be
made any false statement in writing in order to obtain an | 8 |
| account with
a bank or other financial institution, or to | 9 |
| obtain credit from a bank or
other financial institution, or to | 10 |
| obtain services from a currency exchange, knowing such writing | 11 |
| to be false, and with
the intent that it be relied upon, is | 12 |
| guilty of a Class A misdemeanor. | 13 |
| For purposes of this subsection (C), a false statement | 14 |
| shall mean any false
statement representing identity, address, | 15 |
| or employment, or the identity,
address or employment of any | 16 |
| person, firm or corporation. | 17 |
| (2) Possession of Stolen or Fraudulently Obtained Checks. | 18 |
| Any person who possesses, with the intent to obtain access | 19 |
| to
funds of another person held in a real or fictitious deposit | 20 |
| account at a
financial institution, makes a false statement or | 21 |
| a misrepresentation to the
financial institution, or | 22 |
| possesses, transfers, negotiates, or presents for
payment a | 23 |
| check, draft, or other item purported to direct the financial
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| institution to withdraw or pay funds out of the account | 25 |
| holder's deposit
account with knowledge that such possession, |
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LRB096 18684 RLC 34068 b |
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| transfer, negotiation, or
presentment is not authorized by the | 2 |
| account holder or the issuing financial
institution
is guilty | 3 |
| 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 | 5 |
| payment such item
if the person was otherwise entitled by law | 6 |
| to withdraw or recover funds
from the account in question and | 7 |
| followed the requisite procedures under
the law. In the event | 8 |
| that the account holder, upon discovery of the
withdrawal or | 9 |
| payment, claims that the withdrawal or payment was not
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| authorized, the financial institution may require the account | 11 |
| holder to
submit an affidavit to that effect on a form | 12 |
| satisfactory to the financial
institution before the financial | 13 |
| institution may be required to credit the
account in an amount | 14 |
| equal to the amount or amounts that were withdrawn
or paid | 15 |
| without authorization. | 16 |
| Any person who, within any 12 month period, violates this | 17 |
| Section with
respect to 3 or more checks or orders for the | 18 |
| payment of money at the same
time or consecutively, each the | 19 |
| property of a different account holder
or financial | 20 |
| institution, is guilty of a Class 4 felony. | 21 |
| (3) Possession of Implements of Check Fraud. | 22 |
| Any person who possesses, with the intent to defraud and | 23 |
| without the
authority of the account holder or financial | 24 |
| institution, any check
imprinter, signature imprinter, or | 25 |
| "certified" stamp is guilty of a Class A
misdemeanor. | 26 |
| A person who within any 12 month period violates this |
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| subsection (C) as
to possession of 3 or more such devices at | 2 |
| the same time or consecutively,
is guilty of a Class 4 felony. | 3 |
| (4) Possession of Identification Card. | 4 |
| Any person who, with the intent to defraud, possesses any
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| check guarantee card or key card or identification card for | 6 |
| cash dispensing
machines without the authority of the account | 7 |
| holder or financial
institution is guilty of a Class A | 8 |
| misdemeanor. | 9 |
| A person who, within any 12 month period, violates this | 10 |
| Section at the
same time or consecutively with respect to 3 or | 11 |
| more cards, each the property
of different account holders, is | 12 |
| guilty of a Class 4 felony. | 13 |
| A person convicted under this Section, when the value of | 14 |
| property so
obtained, in a single transaction, or in separate | 15 |
| transactions within any
90 day period, exceeds $150 shall be | 16 |
| guilty of a Class 4 felony. | 17 |
| (Source: P.A. 94-872, eff. 6-16-06.)
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