Full Text of HB2691 98th General Assembly
HB2691eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 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,
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| 1 | | par, or market value, or cost price, either wholesale or | 2 | | retail,
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. | 16 | | (a) An officer,
director, agent, or employee of, or | 17 | | affiliated in any capacity with the State
of Illinois or any | 18 | | agency of the State, or any unit of
local government or school
| 19 | | district commits misapplication of funds when he or she | 20 | | embezzles, steals, obtains by fraud, or otherwise without
| 21 | | authority knowingly converts to the use of any person other | 22 | | than the rightful
owner or intentionally misapplies, property | 23 | | that is owned by, or is under the
care, custody, or control of | 24 | | the State of Illinois or of any agency of the
State, a unit of | 25 | | local government, or school district knowingly
misapplies any |
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| 1 | | of the moneys, funds, or credits of the unit of local | 2 | | government
or school district .
| 3 | | (b) Sentence. Misapplication of funds is a Class 3 felony. | 4 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law. |
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