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90_HB2023
720 ILCS 5/16-1.2 from Ch. 38, par. 16-1.2
Amends the Criminal Code of 1961 to add a heading to
Section relating to prima facie evidence of intent to
knowingly obtain by deception control over property of the
owner.
LRB9004912RCcc
LRB9004912RCcc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 16-1.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 16-1.2 as follows:
7 (720 ILCS 5/16-1.2) (from Ch. 38, par. 16-1.2)
8 Sec. 16-1.2. Prima facie evidence. It shall be prima
9 facie evidence of intent that a person "knowingly obtains by
10 deception control over property of the owner" when he fails
11 to return, within 45 days after written demand from the
12 owner, the downpayment and any additional payments accepted
13 under a promise, oral or in writing, to perform services for
14 the owner for consideration of $3,000 or more, and the
15 promisor willfully without good cause failed to substantially
16 perform pursuant to the agreement after taking a downpayment
17 of 10% or more of the agreed upon consideration. This
18 provision shall not apply where the owner initiated the
19 suspension of performance under the agreement, or where the
20 promisor responds to the notice within the 45 day notice
21 period. A notice in writing, addressed and mailed, by
22 registered mail, to the promisor at the last known address of
23 the promisor, shall constitute proper demand.
24 (Source: P.A. 84-992.)