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91_HB0231
LRB9100453WHdv
1 AN ACT to amend the Home Repair Fraud Act by changing
2 Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Home Repair Fraud Act is amended by
6 changing Section 3 as follows:
7 (815 ILCS 515/3) (from Ch. 121 1/2, par. 1603)
8 Sec. 3. Home Repair Fraud.
9 (a) A person commits the offense of home repair fraud
10 when he knowingly enters into an agreement or contract,
11 written or oral, with a person for home repair, and he
12 knowingly:
13 (1) Misrepresents a material fact relating to the
14 terms of the contract or agreement or the preexisting or
15 existing condition of any portion of the property
16 involved, or creates or confirms another's impression
17 which is false and which he does not believe to be true,
18 or promises performance which he does not intend to
19 perform or knows will not be performed; or
20 (2) uses or employs any deception, false pretense
21 or false promises in order to induce, encourage or
22 solicit such person to enter into any contract or
23 agreement; or
24 (3) enters into an unconscionable agreement or
25 contract requiring payment to the contractor of at least
26 $4,000. A contract is unconscionable within the meaning
27 of this Act when an unreasonable difference exists
28 between the value of the services, materials and work to
29 be performed and the amount charged for those services,
30 materials and work. For purposes of this Section, prima
31 facie evidence shall exist that the contract or agreement
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1 is unconscionable if the total payment called for by the
2 contract or agreement is in excess of four times the fair
3 market value for those services, materials and work; or
4 (4) fails to comply with the provisions of "An Act
5 in relation to the use of an assumed name in the conduct
6 or transaction of business in this State", approved July
7 17, 1941, as amended, and misrepresents or conceals
8 either his real name, the name of his business, or his
9 business address.
10 (b) A person commits the offense of home repair fraud
11 when he knowingly:
12 (1) damages the property of a person with the
13 intent to enter into an agreement or contract for home
14 repair; or
15 (2) misrepresents himself or another to be an
16 employee or agent of any unit of the federal, State or
17 municipal government or any other governmental unit, or
18 an employee or agent of any public utility, with the
19 intent to cause a person to enter into, with himself or
20 another, any contract or agreement for home repair.
21 (c) For purposes of subsection (a), paragraph (1), the
22 trier of fact may infer it shall be a rebuttable presumption
23 of intent or knowledge that a person promises performance
24 which he does not intend to perform and knows will not be
25 performed when, after no performance or no substantial
26 performance of a contract or agreement for home repair, he
27 fails or refuses to return payments made by the victim and
28 he:
29 (1) fails to acknowledge or respond to a written
30 demand for commencement or completion of home repair
31 within 10 days after such demand is mailed or presented
32 to him by the victim or by the victim's legal
33 representative or by a law enforcement or consumer agency
34 acting on behalf of the victim; or
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1 (2) fails to notify the victim in writing of a
2 change of business name or address prior to the
3 completion of the home repair; or
4 (3) makes false statements or representations to
5 the victim to excuse his non-performance or
6 non-substantial performance; or
7 (4) uses deception to obtain the victim's consent
8 to modification of the terms of the original contract or
9 agreement; or
10 (5) fails to employ qualified personnel necessary
11 to perform the home repair; or
12 (6) fails to order or purchase the basic materials
13 required for performance of the home repair; or
14 (7) fails to comply with municipal, county, State
15 or federal regulations or codes relating to the
16 performance of home repair.
17 Intent and knowledge shall be determined by an evaluation
18 of all circumstances surrounding a transaction and the
19 determination shall not be limited to the time of contract or
20 agreement.
21 Substantial performance shall not include work performed
22 in a manner of little or no value or work that fails to
23 comply with the appropriate municipal, county, State or
24 federal regulations or codes.
25 (d) It is the public policy of this State that the
26 substantial burden placed upon the economy of this State and
27 residents of this State resulting from the rising incidence
28 of home repair fraud is a matter of grave concern to the
29 people of this State who have the right to be protected in
30 their health, safety, and welfare from the effects of this
31 crime. Home repair fraud is a confidence crime in which the
32 existence of criminal intent and knowledge may not be known
33 to the victim at the time the contract or agreement is made.
34 The amendments made to subsection (c) by this amendatory Act
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1 of the 91st General Assembly are intended to create a
2 permissive inference which allows, but does not require, the
3 trier of fact to infer the existence of intent or knowledge
4 that a person promises performance which he or she does not
5 intend to perform and knows will not be performed, if the
6 State proves the predicate facts in accordance with
7 subsection (c). Those amendments are not intended to shift
8 the burden of production or persuasion to the defendant and
9 the burden to prove the defendant's criminal intent or
10 knowledge shall remain with the State.
11 (Source: P.A. 87-820.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.