[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB0231eng HB0231 Engrossed 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 HB0231 Engrossed -2- LRB9100453WHdv 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 inferit shall be a rebuttable presumption23ofintent 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 HB0231 Engrossed -3- LRB9100453WHdv 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 HB0231 Engrossed -4- LRB9100453WHdv 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.