HB3613 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3613

 

Introduced 2/24/2011, by Rep. David Harris - Sidney H. Mathias - Renée Kosel - Sandra M. Pihos - Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1.4 new
720 ILCS 5/33E-16

    Amends the Criminal Code of 1961. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State of Illinois or of any agency of the State, a unit of local government, or school district.


LRB097 08529 RLC 48656 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3613LRB097 08529 RLC 48656 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 33E-16 and by adding Section 16-1.4 as follows:
 
6    (720 ILCS 5/16-1.4 new)
7    Sec. 16-1.4. Theft of public funds.
8    (a) A person commits theft of public funds when he or she:
9        (1) embezzles, steals, purloins, obtains by fraud, or
10    knowingly converts to his or her use or the use of another,
11    or without authority sells, conveys, or disposes of, any
12    record, voucher, money, or thing of value of the State of
13    Illinois or any department or agency of the State, or of
14    any unit of local government or school district, or any
15    property made or being made under contract for the State of
16    Illinois or any department or agency of the State, or any
17    unit of local government or school district; or
18        (2) receives, conceals, or retains the record,
19    voucher, money, thing of value, or property described in
20    paragraph (1) with intent to convert it to his or her use
21    or gain, knowing it to have been embezzled, stolen,
22    purloined, obtained by fraud, or converted.
23    (b) For the purposes of this Section, "value" means face,

 

 

HB3613- 2 -LRB097 08529 RLC 48656 b

1par, or market value, or cost price, either wholesale or
2retail, whichever is greater.
3    (c) Sentence.
4        (1) Theft of public funds involving property not
5    exceeding $300 in value is a Class 4 felony.
6        (2) Theft of public funds involving property exceeding
7    $300 and not exceeding $10,000 in value, is a Class 2
8    felony.
9        (3) Theft of public funds involving property exceeding
10    $10,000 and not exceeding $100,000 in value is a Class 1
11    felony.
12        (4) Theft of public funds involving property exceeding
13    $100,000 in value is a Class X felony.
 
14    (720 ILCS 5/33E-16)
15    Sec. 33E-16. Misapplication of funds. Whoever, being an
16officer, director, agent, or employee of, or affiliated in any
17capacity with the State of Illinois or any agency of the State,
18or any unit of local government or school district, embezzles,
19steals, obtains by fraud, or otherwise without authority
20knowingly converts to the use of any person other than the
21rightful owner or intentionally misapplies, property that is
22owned by, or is under the care, custody, or control of the
23State of Illinois or of any agency of the State, a unit of
24local government, or school district , willfully misapplies any
25of the moneys, funds, or credits of the unit of local

 

 

HB3613- 3 -LRB097 08529 RLC 48656 b

1government or school district is guilty of a Class 3 felony.
2(Source: P.A. 90-800, eff. 1-1-99.)