Full Text of HB1109 102nd General Assembly
HB1109 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1109 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/17-5 | from Ch. 38, par. 17-5 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section concerning deceptive
collection practices.
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| | A BILL FOR |
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| | | HB1109 | | LRB102 03123 RLC 13136 b |
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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 | 5 | | changing Section 17-5 as follows:
| 6 | | (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
| 7 | | Sec. 17-5. Deceptive collection practices. A collection | 8 | | agency as defined in the
the Collection Agency Act or any
| 9 | | employee of such collection agency commits a deceptive | 10 | | collection practice
when, with the intent to collect a debt | 11 | | owed to an individual or a corporation or
other entity, he, | 12 | | she, or it does any of the following: | 13 | | (a) Represents falsely that he or she is an attorney, | 14 | | a policeman, a sheriff or
deputy sheriff, a bailiff, a | 15 | | county clerk or employee of a county clerk's
office, or | 16 | | any other person who by statute is authorized to enforce | 17 | | the law
or any order of a court.
| 18 | | (b) While attempting to collect an alleged debt, | 19 | | misrepresents to the
alleged debtor or to his or her | 20 | | immediate family the corporate, partnership or
proprietary | 21 | | name or other trade or business name under which the debt
| 22 | | collector is engaging in debt collections and which he, | 23 | | she, or it is legally
authorized to use.
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| | | HB1109 | - 2 - | LRB102 03123 RLC 13136 b |
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| 1 | | (c) While attempting to collect an alleged debt, adds | 2 | | to the debt any
service charge, interest or penalty which | 3 | | he, she, or it is not entitled by law to add.
| 4 | | (d) Threatens to ruin, destroy, or otherwise adversely | 5 | | affect an alleged
debtor's credit rating unless, at the | 6 | | same time, a disclosure is made in
accordance with federal | 7 | | law that the alleged debtor has a right to inspect
his or | 8 | | her credit rating.
| 9 | | (e) Accepts from an alleged debtor a payment which he, | 10 | | she, or it knows is not owed.
| 11 | | Sentence. The commission of a deceptive collection | 12 | | practice is a Business Offense
punishable by a fine not to | 13 | | exceed $3,000.
| 14 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
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