Full Text of HB4578 98th General Assembly
HB4578 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4578 Introduced , by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/17-1 | from Ch. 38, par. 17-1 |
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Amends the Criminal Code of 2012. Provides that a person also commits a deceptive practice when he or she knowingly obtains, by deception, the signature of another person to a document. Provides that knowingly obtaining, by deception, the signature of another person to a document is a Class A misdemeanor. Provides that a second offense is a Class 4 felony and a third or subsequent offense is a Class 3 felony. Defines "by deception" as including knowingly misrepresenting or omitting any fact material to a document or transaction involving a document. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 adding | 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) General deception. | 9 | | A person commits a deceptive practice when,
with intent to | 10 | | defraud, the person does any of the following: | 11 | | (1) He or she knowingly causes another, by deception or | 12 | | threat,
to execute
a document disposing of property or a | 13 | | document by which a pecuniary obligation
is incurred. | 14 | | (1.5) He or she knowingly obtains, by deception, the | 15 | | signature of another person to a document. | 16 | | (2) Being an officer, manager or other person | 17 | | participating in the
direction of a financial institution, | 18 | | he or she knowingly receives or
permits the receipt of a | 19 | | deposit or other investment, knowing that the
institution | 20 | | is insolvent. | 21 | | (3) He or she knowingly makes a false or
deceptive | 22 | | statement addressed to the public for the purpose of |
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| 1 | | promoting
the sale of property or services. | 2 | | As used in this subsection (A), "by deception" includes | 3 | | knowingly misrepresenting or omitting any fact material to a | 4 | | document or transaction involving the document. | 5 | | (B) Bad checks. | 6 | | A person commits a deceptive practice when: | 7 | | (1) With intent to obtain control over property or to | 8 | | pay for
property, labor or services of another, or in | 9 | | satisfaction of an obligation
for payment of tax under the | 10 | | Retailers' Occupation Tax Act or any other tax
due to the | 11 | | State of Illinois, he or she issues or delivers a check or
| 12 | | other order upon a real or fictitious depository for the | 13 | | payment of money,
knowing that it will not be paid by the | 14 | | depository. The trier of fact may infer that the defendant | 15 | | knows that the check or other order will not be paid by the | 16 | | depository and that the defendant has acted with intent to | 17 | | defraud when the defendant fails to have
sufficient funds | 18 | | or credit with the depository when the check or other order
| 19 | | is issued or delivered, or when such check or other order | 20 | | is presented for
payment and dishonored on each of 2 | 21 | | occasions at least 7 days apart. In this
paragraph (B)(1), | 22 | | "property" includes rental property (real or personal). | 23 | | (2) He or she issues or delivers a check or other order | 24 | | upon a real
or fictitious depository in an amount exceeding | 25 | | $150 in payment of an amount
owed on any credit transaction |
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| 1 | | for property, labor or services, or in
payment of the | 2 | | entire amount owed on any credit transaction for property,
| 3 | | labor or services, knowing that it will not be paid by the | 4 | | depository, and
thereafter fails to provide funds or credit | 5 | | with the depository in the face
amount of the check or | 6 | | order within 7 days of receiving actual
notice from the | 7 | | depository or payee of the dishonor of the check or order.
| 8 | | (C) Bank-related fraud. | 9 | | (1) False statement. | 10 | | A person commits false statement bank fraud if he or she, | 11 | | with intent to defraud, makes or causes to be
made any false | 12 | | statement in writing in order to obtain an account with
a bank | 13 | | or other financial institution, or to obtain credit from a bank | 14 | | or
other financial institution, or to obtain services from a | 15 | | currency exchange, knowing such writing to be false, and with
| 16 | | the intent that it be relied upon. | 17 | | For purposes of this subsection (C), a false statement | 18 | | means any false
statement representing identity, address, or | 19 | | employment, or the identity,
address, or employment of any | 20 | | person, firm, or corporation. | 21 | | (2) Possession of stolen or fraudulently obtained checks. | 22 | | A person commits possession of stolen or fraudulently | 23 | | obtained checks when he or she possesses, with the intent to | 24 | | obtain access to
funds of another person held in a real or | 25 | | fictitious deposit account at a
financial institution, makes a |
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| 1 | | false statement or a misrepresentation to the
financial | 2 | | institution, or possesses, transfers, negotiates, or presents | 3 | | for
payment a check, draft, or other item purported to direct | 4 | | the financial
institution to withdraw or pay funds out of the | 5 | | account holder's deposit
account with knowledge that such | 6 | | possession, transfer, negotiation, or
presentment is not | 7 | | authorized by the account holder or the issuing financial
| 8 | | institution. A person shall be deemed to have been
authorized | 9 | | to possess, transfer, negotiate, or present for payment such | 10 | | item
if the person was otherwise entitled by law to withdraw or | 11 | | recover funds
from the account in question and followed the | 12 | | requisite procedures under
the law. If the account holder, upon | 13 | | discovery of the
withdrawal or payment, claims that the | 14 | | withdrawal or payment was not
authorized, the financial | 15 | | institution may require the account holder to
submit an | 16 | | affidavit to that effect on a form satisfactory to the | 17 | | financial
institution before the financial institution may be | 18 | | required to credit the
account in an amount equal to the amount | 19 | | or amounts that were withdrawn
or paid without authorization. | 20 | | (3) Possession of implements of check fraud. | 21 | | A person commits possession of implements of check fraud | 22 | | when he or she 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. |
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| 1 | | (D) Sentence. | 2 | | (1) The commission of a deceptive practice in violation | 3 | | of this Section, except as otherwise provided by this | 4 | | subsection (D), is a Class A misdemeanor. | 5 | | (2) For purposes of paragraphs (A)(1) and (B)(1): | 6 | | (a) The commission of a deceptive practice in | 7 | | violation of paragraph (A)(1) or (B)(1), when the value | 8 | | of the property so obtained, in a single transaction or | 9 | | in separate transactions within a 90-day period, | 10 | | exceeds $150, is a Class 4 felony. In the case of a | 11 | | prosecution for separate transactions totaling more | 12 | | than $150 within a 90-day period, those separate | 13 | | transactions shall be alleged in a single charge and | 14 | | prosecuted in a single prosecution. | 15 | | (b) The commission of a deceptive practice in | 16 | | violation of paragraph (B)(1) a second or subsequent | 17 | | time is a Class 4 felony. | 18 | | (3) For purposes of paragraph (C)(2), a person who, | 19 | | within any 12-month period, violates paragraph (C)(2) with | 20 | | respect to 3 or more checks or orders for the payment of | 21 | | money at the same time or consecutively, each the property | 22 | | of a different account holder or financial institution, is | 23 | | guilty of a Class 4 felony. | 24 | | (4) For purposes of paragraph (C)(3), a person who | 25 | | within any 12-month period violates paragraph (C)(3) as to | 26 | | possession of 3 or more such devices at the same time or |
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| 1 | | consecutively is guilty of a Class 4 felony. | 2 | | (5) For purposes of paragraph (A)(1.5), knowingly | 3 | | obtaining, by deception, the signature of another person to | 4 | | a document is a Class A misdemeanor. A second offense is a | 5 | | Class 4 felony. A third or subsequent offense is a Class 3 | 6 | | felony. | 7 | | (E) Civil liability. A person who issues a check or order | 8 | | to a payee in violation of paragraph (B)(1) and who fails to | 9 | | pay the amount of the check or order to the payee within 30 | 10 | | days following either delivery and acceptance by the addressee | 11 | | of a written demand both by certified mail and by first class | 12 | | mail to the person's last known address or attempted delivery | 13 | | of a written demand sent both by certified mail and by first | 14 | | class mail to the person's last known address and the demand by | 15 | | certified mail is returned to the sender with a notation that | 16 | | delivery was refused or unclaimed shall be liable to the payee | 17 | | or a person subrogated to the rights of the payee for, in | 18 | | addition to the amount owing upon such check or order, damages | 19 | | of treble the amount so owing, but in no case less than $100 | 20 | | nor more than $1,500, plus attorney's fees and court costs. An | 21 | | action under this subsection (E) may be brought in small claims | 22 | | court or in any other appropriate court. As part of the written | 23 | | demand required by this subsection (E), the plaintiff shall | 24 | | provide written notice to the defendant of the fact that prior | 25 | | to the hearing of any action under this subsection (E), the |
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| 1 | | defendant may tender to the plaintiff and the plaintiff shall | 2 | | accept, as satisfaction of the claim, an amount of money equal | 3 | | to the sum of the amount of the check and the incurred court | 4 | | costs, including the cost of service of process, and attorney's | 5 | | fees. | 6 | | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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