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90_SB1335eng
720 ILCS 5/33E-1 from Ch. 38, par. 33E-1
Amends the Criminal Code of 1961 to make a technical
change to a legislative finding provision concerning
interference with public contracting.
LRB9008848NTsb
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1 AN ACT in relation to criminal law, amending named Acts.
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
5 changing Section 33E-2 and adding Sections 33E-14, 33E-15,
6 33E-16, 33E-17, and 33E-18 as follows:
7 (720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
8 Sec. 33E-2. Definitions. In this Act: (a) "Public
9 contract" means any contract for goods, services or
10 construction let to any person with or without bid by any
11 unit of State or local government.
12 (b) "Unit of State or local government" means the State,
13 or any unit of state government or agency thereof, any county
14 or municipal government or committee or agency thereof, any
15 school district, or any other entity which is funded by or
16 expends tax dollars or the proceeds of publicly guaranteed
17 bonds.
18 (c) "Change order" means a change in a contract term
19 other than as specifically provided for in the contract which
20 authorizes or necessitates any increase or decrease in the
21 cost of the contract or the time to completion.
22 (d) "Person" means any individual, firm, partnership,
23 corporation, joint venture or other entity, but does not
24 include a unit of State or local government.
25 (e) "Person employed by any unit of State or local
26 government" means any employee of a unit of State or local
27 government and any person defined in subsection (d) who is
28 authorized by such unit of State or local government to act
29 on its behalf in relation to any public contract.
30 (f) "Sheltered market" has the meaning ascribed to it in
31 Section 2 of the Minority and Female Business Enterprise Act,
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1 as now or hereafter amended.
2 (g) "Kickback" means any money, fee, commission, credit,
3 gift, gratuity, thing of value, or compensation of any kind
4 which is provided, directly or indirectly, to any prime
5 contractor, prime contractor employee, subcontractor, or
6 subcontractor employee for the purpose of improperly
7 obtaining or rewarding favorable treatment in connection with
8 a prime contract or in connection with a subcontract relating
9 to a prime contract.
10 (h) "Prime contractor" means any person who has entered
11 into a public contract.
12 (i) "Prime contractor employee" means any officer,
13 partner, employee, or agent of a prime contractor.
14 (i-5) "Stringing" means knowingly structuring a contract
15 to avoid the contract being subject to competitive bidding
16 requirements.
17 (j) "Subcontract" means a contract or contractual action
18 entered into by a prime contractor or subcontractor for the
19 purpose of obtaining goods or services of any kind under a
20 prime contract.
21 (k) "Subcontractor" (1) means any person, other than the
22 prime contractor, who offers to furnish or furnishes any
23 goods or services of any kind under a prime contract or a
24 subcontract entered into in connection with such prime
25 contract; and (2) includes any person who offers to furnish
26 or furnishes goods or services to the prime contractor or a
27 higher tier subcontractor.
28 (l) "Subcontractor employee" means any officer, partner,
29 employee, or agent of a subcontractor.
30 (Source: P.A. 86-150.)
31 (720 ILCS 5/33E-14 new)
32 Sec. 33E-14. False statements on vendor applications.
33 Whoever knowingly makes any false statement or report, for
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1 the purpose of influencing in any way the action of any
2 school district in considering a vendor application, is
3 guilty of a Class 3 felony.
4 (720 ILCS 5/33E-15 new)
5 Sec. 33E-15. False entries. Any officer, agent, or
6 employee of, or anyone who is affiliated in any capacity with
7 any school district and makes a false entry in any book,
8 report, or statement of any school district with the intent
9 to defraud the school district, is guilty of a Class 3
10 felony.
11 (720 ILCS 5/33E-16 new)
12 Sec. 33E-16. Misapplication of funds. Whoever, being an
13 officer, director, agent, or employee of, or affiliated in
14 any capacity with any school district embezzles, abstracts,
15 purloins, or willfully, misapplies any of the moneys, funds,
16 or credits of the school district is guilty of a Class 3
17 felony.
18 (720 ILCS 5/33E-17 new)
19 Sec. 33E-17. Unlawful participation. Whoever, being an
20 officer, director, agent, or employee of, or affiliated in
21 any capacity with any school district participates, shares
22 in, or receiving directly or indirectly any money, profit,
23 property, or benefit through any contract with the school
24 district, with the intent to defraud the school district is
25 guilty of a Class 3 felony.
26 (720 ILCS 5/33E-18 new)
27 Sec. 33E-18. Unlawful stringing of bids.
28 (a) No person for the purpose of evading the bidding
29 requirements of any school district shall knowingly string or
30 assist in stringing, or attempt to string any job order with
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1 the school district.
2 (b) Sentence. A person who violates this Section is
3 guilty of a Class 4 felony.
4 Section 10. The Unified Code of Corrections is amended
5 by changing Section 5-9-1.3 as follows:
6 (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
7 Sec. 5-9-1.3. Fines for offenses involving theft,
8 deceptive practices, and offenses against school districts.
9 (a) When a person has been adjudged guilty of a felony
10 under Section 16-1, 16-9 or 17-1 of the Criminal Code of
11 1961, a fine may be levied by the court in an amount which is
12 the greater of $10,000 or twice the value of the property
13 which is the subject of the offense.
14 (b) When a person has been convicted of a felony under
15 Section 16-1 of the Criminal Code of 1961 and the theft was
16 committed upon any school district, or the person has been
17 convicted of any violation of Sections 33C-1 through 33C-4 or
18 Sections 33E-14 through 33E-18 of the Criminal Code of 1961,
19 a fine may be levied by the court in an amount that is the
20 greater of $10,000 or treble the value of the property which
21 is the subject of the offense or loss to the school district.
22 (c) All fines imposed under subsection (b) of this
23 Section shall be distributed as follows:
24 (1) An amount equal to 30% shall be distributed to
25 the school district that was the victim of the offense;
26 (2) An amount equal to 30% shall be distributed to
27 the unit of local government whose officers or employees
28 conducted the investigation into the crimes against the
29 school district. Amounts distributed to units of local
30 government shall be used solely for the enforcement of
31 criminal laws protecting local school districts;
32 (3) An amount equal to 30% shall be distributed to
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1 the State's Attorney of the county in which the
2 prosecution resulting in the conviction was instituted.
3 The funds shall be used solely for the enforcement of
4 criminal laws protecting local school districts; and
5 (4) An amount equal to 10% shall be distributed to
6 the county clerk of the county where the prosecution
7 resulting in the conviction was instituted.
8 (d) A fine order under subsection (b) of this Section is
9 a judgment lien in favor of the victim school district, the
10 State's Attorney of the county where the violation occurred,
11 the law enforcement agency that investigated the violation,
12 and the county clerk.
13 (Source: P.A. 85-660.)