State of Illinois
90th General Assembly
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90_HB3414

      720 ILCS 5/17-1           from Ch. 38, par. 17-1
          Amends provisions of the Criminal Code of 1961 making  it
      a deceptive practice for a person to offer a check in payment
      of  a  fee  to  a  Clerk of the Circuit Court when the person
      knows the check will not be paid.  Effective immediately.
                                                     LRB9010822WHmg
                                               LRB9010822WHmg
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 17-1.
 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 17-1 as follows:
 7        (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
 8        Sec.  17-1.   Deceptive  practices.  (A)  As used in this
 9    Section:
10        (i)  A financial institution means any bank, savings  and
11    loan association, credit union, or other depository of money,
12    or medium of savings and collective investment.
13        (ii)  An  account holder is any person, having a checking
14    account or savings account in a financial institution.
15        (iii)  To act with the "intent to defraud" means  to  act
16    wilfully,  and  with the specific intent to deceive or cheat,
17    for the purpose of causing financial loss to another,  or  to
18    bring some financial gain to oneself.  It is not necessary to
19    establish that any person was actually defrauded or deceived.
20        (B)  General Deception
21    A  person  commits  a deceptive practice when, with intent to
22    defraud:
23        (a)  He causes another, by deception or threat to execute
24    a document disposing of property or a  document  by  which  a
25    pecuniary obligation is incurred, or
26        (b)  Being   an   officer,   manager   or   other  person
27    participating in the direction of a financial institution, he
28    knowingly receives or permits the receipt  of  a  deposit  or
29    other  investment, knowing that the institution is insolvent,
30    or
31        (c)  He knowingly makes or  directs  another  to  make  a
                            -2-                LRB9010822WHmg
 1    false  or deceptive statement addressed to the public for the
 2    purpose of promoting the sale of property or services, or
 3        (d)  With intent to obtain control over  property  or  to
 4    pay  for  property, labor or services of another, or to pay a
 5    fee to a Clerk of the Circuit Court, or in satisfaction of an
 6    obligation for payment of tax under the Retailers' Occupation
 7    Tax Act or any other tax due to the  State  of  Illinois,  he
 8    issues  or  delivers  a  check  or other order upon a real or
 9    fictitious depository for the payment of money, knowing  that
10    it  will  not  be  paid  by  the  depository. Failure to have
11    sufficient funds or credit with the depository when the check
12    or other order is issued or delivered, or when such check  or
13    other  order  is presented for payment and dishonored on each
14    of 2 occasions at least 7 days apart, is prima facie evidence
15    that the offender knows that it  will  not  be  paid  by  the
16    depository, and that he has the intent to defraud.
17        (e)  He  issues or delivers a check or other order upon a
18    real or fictitious depository in an amount exceeding $150  in
19    payment  of  an  amount  owed  on  any credit transaction for
20    property, labor or services, or  in  payment  of  the  entire
21    amount  owed on any credit transaction for property, labor or
22    services, knowing that it will not be paid by the depository,
23    and thereafter fails to provide  funds  or  credit  with  the
24    depository  in  the  face amount of the check or order within
25    seven days of receiving actual notice from the depository  or
26    payee of the dishonor of the check or order.
27        Sentence.
28        A person convicted of deceptive practice under paragraphs
29    (a)  through  (e) of this subsection (B), except as otherwise
30    provided by this Section, is guilty of a Class A misdemeanor.
31        A person convicted of a deceptive practice  in  violation
32    of  paragraph (d) a second or subsequent time shall be guilty
33    of a Class 4 felony.
34        A person convicted of deceptive practices in violation of
                            -3-                LRB9010822WHmg
 1    paragraph (d), when the value of the property so obtained, in
 2    a single transaction, or in separate transactions within a 90
 3    day period, exceeds $150,  shall  be  guilty  of  a  Class  4
 4    felony.    In   the   case  of  a  prosecution  for  separate
 5    transactions totaling more than $150 within a 90 day  period,
 6    such  separate  transactions  shall  be  alleged  in a single
 7    charge and provided in a single prosecution.
 8        (C)  Deception on a Bank or Other Financial Institution
 9    False Statements
10        1)  Any person who, with the intent to defraud, makes  or
11    causes to be made, any false statement in writing in order to
12    obtain an account with a bank or other financial institution,
13    or   to   obtain  credit  from  a  bank  or  other  financial
14    institution, knowing such writing to be false, and  with  the
15    intent  that  it  be  relied  upon,  is  guilty  of a Class A
16    misdemeanor.
17        For purposes of this subsection (C),  a  false  statement
18    shall   mean   any  false  statement  representing  identity,
19    address,  or  employment,  or  the   identity,   address   or
20    employment of any person, firm or corporation.
21    Possession of Stolen or Fraudulently Obtained Checks
22        2)  Any person who possesses, with the intent to defraud,
23    any  check  or order for the payment of money, upon a real or
24    fictitious  account,  without  the  consent  of  the  account
25    holder, or the issuing financial institution, is guilty of  a
26    Class A misdemeanor.
27        Any person who, within any 12 month period, violates this
28    Section  with  respect  to 3 or more checks or orders for the
29    payment of money at the same time or consecutively, each  the
30    property   of   a   different  account  holder  or  financial
31    institution, is guilty of a Class 4 felony.
32        3)  Possession of Implements of Check Fraud.  Any  person
33    who  possesses,  with  the intent to defraud, and without the
34    authority of the account holder or financial institution  any
                            -4-                LRB9010822WHmg
 1    check imprinter, signature imprinter, or "certified" stamp is
 2    guilty of a Class A misdemeanor.
 3        A  person  who  within  any 12 month period violates this
 4    subsection (C) as to possession of 3 or more such devices  at
 5    the  same  time  or  consecutively,  is  guilty  of a Class 4
 6    felony.
 7    Possession of Identification Card
 8        4)  Any person, who with the intent to defraud, possesses
 9    any check guarantee card or key card or  identification  card
10    for  cash  dispensing  machines  without the authority of the
11    account holder or financial institution, is guilty of a Class
12    A misdemeanor.
13        A person who, within any 12 month period,  violates  this
14    Section  at  the same time or consecutively with respect to 3
15    or  more  cards,  each  the  property  of  different  account
16    holders, is guilty of a class 4 felony.
17        A person convicted under this Section, when the value  of
18    property so obtained, in a single transaction, or in separate
19    transactions  within any 90 day period, exceeds $150 shall be
20    guilty of a Class 4 felony.
21    (Source: P.A. 84-897.)
22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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