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90_SB1335enr
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.
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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, or
15 any other entity which is funded by or expends tax dollars or
16 the proceeds of publicly guaranteed bonds.
17 (c) "Change order" means a change in a contract term
18 other than as specifically provided for in the contract which
19 authorizes or necessitates any increase or decrease in the
20 cost of the contract or the time to completion.
21 (d) "Person" means any individual, firm, partnership,
22 corporation, joint venture or other entity, but does not
23 include a unit of State or local government.
24 (e) "Person employed by any unit of State or local
25 government" means any employee of a unit of State or local
26 government and any person defined in subsection (d) who is
27 authorized by such unit of State or local government to act
28 on its behalf in relation to any public contract.
29 (f) "Sheltered market" has the meaning ascribed to it in
30 Section 2 of the Minority and Female Business Enterprise Act,
31 as now or hereafter amended.
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1 (g) "Kickback" means any money, fee, commission, credit,
2 gift, gratuity, thing of value, or compensation of any kind
3 which is provided, directly or indirectly, to any prime
4 contractor, prime contractor employee, subcontractor, or
5 subcontractor employee for the purpose of improperly
6 obtaining or rewarding favorable treatment in connection with
7 a prime contract or in connection with a subcontract relating
8 to a prime contract.
9 (h) "Prime contractor" means any person who has entered
10 into a public contract.
11 (i) "Prime contractor employee" means any officer,
12 partner, employee, or agent of a prime contractor.
13 (i-5) "Stringing" means knowingly structuring a contract
14 to avoid the contract being subject to competitive bidding
15 requirements.
16 (j) "Subcontract" means a contract or contractual action
17 entered into by a prime contractor or subcontractor for the
18 purpose of obtaining goods or services of any kind under a
19 prime contract.
20 (k) "Subcontractor" (1) means any person, other than the
21 prime contractor, who offers to furnish or furnishes any
22 goods or services of any kind under a prime contract or a
23 subcontract entered into in connection with such prime
24 contract; and (2) includes any person who offers to furnish
25 or furnishes goods or services to the prime contractor or a
26 higher tier subcontractor.
27 (l) "Subcontractor employee" means any officer, partner,
28 employee, or agent of a subcontractor.
29 (Source: P.A. 86-150.)
30 (720 ILCS 5/33E-14 new)
31 Sec. 33E-14. False statements on vendor applications.
32 Whoever knowingly makes any false statement or report, for
33 the purpose of influencing in any way the action of any unit
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1 of local government or school district in considering a
2 vendor application, is guilty of a Class 3 felony.
3 (720 ILCS 5/33E-15 new)
4 Sec. 33E-15. False entries. Any officer, agent, or
5 employee of, or anyone who is affiliated in any capacity with
6 any unit of local government or school district and makes a
7 false entry in any book, report, or statement of any unit of
8 local government or school district with the intent to
9 defraud the unit of local government or school district, is
10 guilty of a Class 3 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 unit of local government or school
15 district embezzles, abstracts, purloins, or willfully,
16 misapplies any of the moneys, funds, or credits of the unit
17 of local government or school district is guilty of a Class 3
18 felony.
19 (720 ILCS 5/33E-17 new)
20 Sec. 33E-17. Unlawful participation. Whoever, being an
21 officer, director, agent, or employee of, or affiliated in
22 any capacity with any unit of local government or school
23 district participates, shares in, or receiving directly or
24 indirectly any money, profit, property, or benefit through
25 any contract with the unit of local government or school
26 district, with the intent to defraud the unit of local
27 government or school district is guilty of a Class 3 felony.
28 (720 ILCS 5/33E-18 new)
29 Sec. 33E-18. Unlawful stringing of bids.
30 (a) No person for the purpose of evading the bidding
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1 requirements of any unit of local government or school
2 district shall knowingly string or assist in stringing, or
3 attempt to string any job order with the unit of local
4 government or school district.
5 (b) Sentence. A person who violates this Section is
6 guilty of a Class 4 felony.
7 Section 10. The Unified Code of Corrections is amended
8 by changing Section 5-9-1.3 as follows:
9 (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
10 Sec. 5-9-1.3. Fines for offenses involving theft,
11 deceptive practices, and offenses against units of local
12 government or school districts.
13 (a) When a person has been adjudged guilty of a felony
14 under Section 16-1, 16-9 or 17-1 of the Criminal Code of
15 1961, a fine may be levied by the court in an amount which is
16 the greater of $10,000 or twice the value of the property
17 which is the subject of the offense.
18 (b) When a person has been convicted of a felony under
19 Section 16-1 of the Criminal Code of 1961 and the theft was
20 committed upon any unit of local government or school
21 district, or the person has been convicted of any violation
22 of Sections 33C-1 through 33C-4 or Sections 33E-14 through
23 33E-18 of the Criminal Code of 1961, a fine may be levied by
24 the court in an amount that is the greater of $10,000 or
25 treble the value of the property which is the subject of the
26 offense or loss to the unit of local government or school
27 district.
28 (c) All fines imposed under subsection (b) of this
29 Section shall be distributed as follows:
30 (1) An amount equal to 30% shall be distributed to
31 the unit of local government or school district that was
32 the victim of the offense;
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1 (2) An amount equal to 30% shall be distributed to
2 the unit of local government whose officers or employees
3 conducted the investigation into the crimes against the
4 unit of local government or school district. Amounts
5 distributed to units of local government shall be used
6 solely for the enforcement of criminal laws protecting
7 units of local government or school districts;
8 (3) An amount equal to 30% shall be distributed to
9 the State's Attorney of the county in which the
10 prosecution resulting in the conviction was instituted.
11 The funds shall be used solely for the enforcement of
12 criminal laws protecting units of local government or
13 school districts; and
14 (4) An amount equal to 10% shall be distributed to
15 the circuit court clerk of the county where the
16 prosecution resulting in the conviction was instituted.
17 (d) A fine order under subsection (b) of this Section is
18 a judgment lien in favor of the victim unit of local
19 government or school district, the State's Attorney of the
20 county where the violation occurred, the law enforcement
21 agency that investigated the violation, and the circuit court
22 clerk.
23 (Source: P.A. 85-660.)