Illinois General Assembly - Full Text of HB2651
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Full Text of HB2651  96th General Assembly



HB2651 Enrolled LRB096 04574 RLC 14629 b

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 1961 is amended by changing
5 Section 33-7 as follows:
6     (720 ILCS 5/33-7)
7     Sec. 33-7. Public contractor misconduct.
8     (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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1     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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1 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.
22     (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.)
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.