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90_SB1335sam002
LRB9008848RCksam08
1 AMENDMENT TO SENATE BILL 1335
2 AMENDMENT NO. . Amend Senate Bill 1335 by replacing
3 the title with the following:
4 "AN ACT in relation to criminal law, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 33E-2 and adding Sections 33E-14, 33E-15,
10 33E-16, 33E-17, and 33E-18 as follows:
11 (720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
12 Sec. 33E-2. Definitions. In this Act: (a) "Public
13 contract" means any contract for goods, services or
14 construction let to any person with or without bid by any
15 unit of State or local government.
16 (b) "Unit of State or local government" means the State,
17 or any unit of state government or agency thereof, any county
18 or municipal government or committee or agency thereof, any
19 school district, or any other entity which is funded by or
20 expends tax dollars or the proceeds of publicly guaranteed
21 bonds.
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1 (c) "Change order" means a change in a contract term
2 other than as specifically provided for in the contract which
3 authorizes or necessitates any increase or decrease in the
4 cost of the contract or the time to completion.
5 (d) "Person" means any individual, firm, partnership,
6 corporation, joint venture or other entity, but does not
7 include a unit of State or local government.
8 (e) "Person employed by any unit of State or local
9 government" means any employee of a unit of State or local
10 government and any person defined in subsection (d) who is
11 authorized by such unit of State or local government to act
12 on its behalf in relation to any public contract.
13 (f) "Sheltered market" has the meaning ascribed to it in
14 Section 2 of the Minority and Female Business Enterprise Act,
15 as now or hereafter amended.
16 (g) "Kickback" means any money, fee, commission, credit,
17 gift, gratuity, thing of value, or compensation of any kind
18 which is provided, directly or indirectly, to any prime
19 contractor, prime contractor employee, subcontractor, or
20 subcontractor employee for the purpose of improperly
21 obtaining or rewarding favorable treatment in connection with
22 a prime contract or in connection with a subcontract relating
23 to a prime contract.
24 (h) "Prime contractor" means any person who has entered
25 into a public contract.
26 (i) "Prime contractor employee" means any officer,
27 partner, employee, or agent of a prime contractor.
28 (i-5) "Stringing" means knowingly structuring a contract
29 to avoid the contract being subject to competitive bidding
30 requirements.
31 (j) "Subcontract" means a contract or contractual action
32 entered into by a prime contractor or subcontractor for the
33 purpose of obtaining goods or services of any kind under a
34 prime contract.
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1 (k) "Subcontractor" (1) means any person, other than the
2 prime contractor, who offers to furnish or furnishes any
3 goods or services of any kind under a prime contract or a
4 subcontract entered into in connection with such prime
5 contract; and (2) includes any person who offers to furnish
6 or furnishes goods or services to the prime contractor or a
7 higher tier subcontractor.
8 (l) "Subcontractor employee" means any officer, partner,
9 employee, or agent of a subcontractor.
10 (Source: P.A. 86-150.)
11 (720 ILCS 5/33E-14 new)
12 Sec. 33E-14. False statements on vendor applications.
13 Whoever knowingly makes any false statement or report, for
14 the purpose of influencing in any way the action of any
15 school district in considering a vendor application, is
16 guilty of a Class 3 felony.
17 (720 ILCS 5/33E-15 new)
18 Sec. 33E-15. False entries. Any officer, agent, or
19 employee of, or anyone who is affiliated in any capacity with
20 any school district and makes a false entry in any book,
21 report, or statement of any school district with the intent
22 to defraud the school district, is guilty of a Class 3
23 felony.
24 (720 ILCS 5/33E-16 new)
25 Sec. 33E-16. Misapplication of funds. Whoever, being an
26 officer, director, agent, or employee of, or affiliated in
27 any capacity with any school district embezzles, abstracts,
28 purloins, or willfully, misapplies any of the moneys, funds,
29 or credits of the school district is guilty of a Class 3
30 felony.
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1 (720 ILCS 5/33E-17 new)
2 Sec. 33E-17. Unlawful participation. Whoever, being an
3 officer, director, agent, or employee of, or affiliated in
4 any capacity with any school district participates, shares
5 in, or receiving directly or indirectly any money, profit,
6 property, or benefit through any contract with the school
7 district, with the intent to defraud the school district is
8 guilty of a Class 3 felony.
9 (720 ILCS 5/33E-18 new)
10 Sec. 33E-18. Unlawful stringing of bids.
11 (a) No person for the purpose of evading the bidding
12 requirements of any school district shall knowingly string or
13 assist in stringing, or attempt to string any job order with
14 the school district.
15 (b) Sentence. A person who violates this Section is
16 guilty of a Class 4 felony.
17 Section 10. The Unified Code of Corrections is amended
18 by changing Section 5-9-1.3 as follows:
19 (730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
20 Sec. 5-9-1.3. Fines for offenses involving theft,
21 deceptive practices, and offenses against school districts.
22 (a) When a person has been adjudged guilty of a felony
23 under Section 16-1, 16-9 or 17-1 of the Criminal Code of
24 1961, a fine may be levied by the court in an amount which is
25 the greater of $10,000 or twice the value of the property
26 which is the subject of the offense.
27 (b) When a person has been convicted of a felony under
28 Section 16-1 of the Criminal Code of 1961 and the theft was
29 committed upon any school district, or the person has been
30 convicted of any violation of Sections 33C-1 through 33C-4 or
31 Sections 33E-14 through 33E-18 of the Criminal Code of 1961,
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1 a fine may be levied by the court in an amount that is the
2 greater of $10,000 or treble the value of the property which
3 is the subject of the offense or loss to the school district.
4 (c) All fines imposed under subsection (b) of this
5 Section shall be distributed as follows:
6 (1) An amount equal to 30% shall be distributed to
7 the school district that was the victim of the offense;
8 (2) An amount equal to 30% shall be distributed to
9 the unit of local government whose officers or employees
10 conducted the investigation into the crimes against the
11 school district. Amounts distributed to units of local
12 government shall be used solely for the enforcement of
13 criminal laws protecting local school districts;
14 (3) An amount equal to 30% shall be distributed to
15 the State's Attorney of the county in which the
16 prosecution resulting in the conviction was instituted.
17 The funds shall be used solely for the enforcement of
18 criminal laws protecting local school districts; and
19 (4) An amount equal to 10% shall be distributed to
20 the county clerk of the county where the prosecution
21 resulting in the conviction was instituted.
22 (d) A fine order under subsection (b) of this Section is
23 a judgment lien in favor of the victim school district, the
24 State's Attorney of the county where the violation occurred,
25 the law enforcement agency that investigated the violation,
26 and the county clerk.
27 (Source: P.A. 85-660.)".