Full Text of HB2651 096th General Assembly
HB2651enr 96TH GENERAL ASSEMBLY
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HB2651 Enrolled |
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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 33-7 as follows: | 6 |
| (720 ILCS 5/33-7) | 7 |
| Sec. 33-7. Public contractor misconduct.
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| (a) A public contractor; a person seeking a public contract | 9 |
| on behalf of himself, herself, or another; an employee of a | 10 |
| public
contractor; or a person seeking a public contract on | 11 |
| behalf of himself, herself, or another commits public | 12 |
| contractor misconduct when, in the performance of, or in | 13 |
| connection with, a contract with
the State, a unit of local | 14 |
| government, or a school district or in obtaining or seeking to | 15 |
| obtain such a contract he or she commits any of
the following | 16 |
| acts: | 17 |
| (1) intentionally or knowingly makes, uses, or causes | 18 |
| to be made or used a false record or statement to conceal, | 19 |
| avoid, or decrease an obligation to pay or transmit money | 20 |
| or property; | 21 |
| (2) knowingly performs an act that he or
she knows he | 22 |
| or she is forbidden by law to perform; | 23 |
| (3) with intent to obtain a personal advantage for |
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| himself, herself, or another, he or she
performs an act in | 2 |
| excess of his or her contractual responsibility; or | 3 |
| (4) solicits or knowingly accepts for the performance | 4 |
| of any act a fee or
reward that he or she knows is not | 5 |
| authorized by law ; or . | 6 |
| (5) knowingly or intentionally seeks or receives | 7 |
| compensation or reimbursement for goods and services he or | 8 |
| she purported to deliver or render, but failed to do so | 9 |
| pursuant to the terms of the contract, to the unit of State | 10 |
| or local government or school district. | 11 |
| (b) Sentence. Any person who violates this Section commits | 12 |
| a Class 3 felony. Any person convicted of this offense or a | 13 |
| similar offense in any state of the United States which | 14 |
| contains the same elements of this offense shall be barred for | 15 |
| 10 years from the date of conviction from contracting with, | 16 |
| employment by, or holding public office with the State or any | 17 |
| unit of local government or school district. No corporation | 18 |
| shall be barred as a result of a conviction under this Section | 19 |
| of any employee or agent of such corporation if the employee so | 20 |
| convicted is no longer employed by the corporation and (1) it | 21 |
| has been finally adjudicated not guilty or (2) it demonstrates | 22 |
| to the government entity with which it seeks to contract, and | 23 |
| that entity finds, that the commission of the offense was | 24 |
| neither authorized, requested, commanded, nor performed by a | 25 |
| director, officer or high managerial agent on behalf of the | 26 |
| corporation as provided in paragraph (2) of subsection (a) of |
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| Section 5-4 of this Code. | 2 |
| (c) The Attorney General or the State's Attorney in the | 3 |
| county where the principal office of the unit of local | 4 |
| government or school district is located may bring a civil | 5 |
| action on behalf of any unit of State or local government to | 6 |
| recover a civil penalty from any person who knowingly engages | 7 |
| in conduct which violates subsection (a) of this Section in | 8 |
| treble the amount of the monetary cost to the unit of State or | 9 |
| local government or school district involved in the violation. | 10 |
| The Attorney General or State's Attorney shall be entitled to | 11 |
| recover reasonable attorney's fees as part of the costs | 12 |
| assessed to the defendant. This subsection (c) shall in no way | 13 |
| limit the ability of any unit of State or local government or | 14 |
| school district to recover moneys or damages regarding public | 15 |
| contracts under any other law or ordinance. A civil action | 16 |
| shall be barred unless the action is commenced within 6 years | 17 |
| after the later of (1) the date on which the conduct | 18 |
| establishing the cause of action occurred or (2) the date on | 19 |
| which the unit of State or local government or school district | 20 |
| knew or should have known that the conduct establishing the | 21 |
| cause of action occurred.
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| (d) This amendatory Act of the 96th General Assembly shall | 23 |
| not be construed to create a private right of action. | 24 |
| (Source: P.A. 94-338, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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