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90_SB1432sam001
LRB9011379DJdvam01
1 AMENDMENT TO SENATE BILL 1432
2 AMENDMENT NO. . Amend Senate Bill 1432 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 17-1a."; 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 17-1a as follows:
10 (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
11 Sec. 17-1a. Civil Liability for Deceptive Practices. A
12 person who issues a check or order to a payee in violation of
13 Section 17-1(B) (d) and who fails to pay the amount of the
14 check or order to the payee within 30 days following either
15 delivery and acceptance by the addressee of a written demand
16 by both certified mail and by first class mail to the
17 person's last know address; or attempted delivery of a
18 written demand sent by both certified mail and by first class
19 mail to the person's last known address and the demand by
20 certified mail is returned to the sender with a notation that
21 delivery was refused or unclaimed, shall be liable to the
-2- LRB9011379DJdvam01
1 payee or a person subrogated to the rights of the payee for,
2 in addition to the amount owing upon such check or order,
3 damages of treble the amount so owing, but in no case less
4 than $100 nor more than $1,500, plus attorney fees and court
5 costs.
6 A cause of action under this Section may be brought in
7 small claims court or in any other appropriate court. As
8 part of the written demand required by this Section, the
9 plaintiff shall provide written notice to the defendant of
10 the fact that prior to the hearing of any action under this
11 Section, the defendant may tender to the plaintiff and the
12 plaintiff shall accept as satisfaction of the claim, an
13 amount of money equal to the sum of the amount of the check
14 and the incurred court costs, and service and attorney fees.
15 (Source: P.A. 89-378, eff. 8-18-95; 90-227, eff. 1-1-98.)".