92nd General Assembly
Summary of HB0426
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House Sponsors:
HOFFMAN-FOWLER-FORBY-DAVIS,MONIQUE.

Short description: 
CRIM CD-RECKLESS CORP CONDUCT                                              

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961 and  the  Workers'  Compensation      
   Act.   Creates  the  offense  of reckless corporate conduct.  Provides      
   that  a  corporate  entity  or  corporate  official  commits  reckless      
   corporate conduct when the  entity  or  official:  (1)  conceals  from      
   authorities  any  product  or  process that may cause death or serious      
   injury; (2) engages  in  conduct  that  results  in  death,  that  the      
   corporate entity or corporate official knew or should have known would      
   result  in death, or that was reckless or negligent; or (3) knowingly,      
   recklessly or negligently endangers the public;  or  (4)  destroys  or      
   falsifies documents or negligently allows the destruction of documents      
   pertaining  to  hazards  to  the  public  or  the  corporate  entity's      
   employees  or agents.  Reckless corporate conduct is a Class 3 felony,      
   except  that  the  destruction  or  falsification  of   documents   or      
   negligently  allowing  the  destruction  of  documents  pertaining  to      
   hazards to the public or to the corporate entity's employees or agents      
   is  a  Class  4  felony.   Establishes civil liability for a corporate      
   entity or corporate official convicted of reckless corporate  conduct.      
   Provides  that  the  corporate  entity  or  corporate  official may be      
   ordered to pay treble damages or restitution, or both,  and  shall  be      
   assessed attorneys' fees.  Effective immediately.                           
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes references to individual corporate officers, so that only      
   the corporate entity is culpable.                                           
          FISCAL NOTE (Industrial Commission of Illinois)                      
          HB 426 will have no fiscal impact as it relates to the Workers'      
          Compensation Act. The Commission is unable to determine if           
          there will be a fiscal impact as the bill relates to other           
          statutes.                                                            
          FISCAL NOTE, H-AM 1 (Industrial Commission of Illinois)              
          Same as previous note.                                               
        HOUSE AMENDMENT NO. 2.                                                 
        Provides that in the new offense of reckless  corporate  conduct,      
   the definition of "corporate entity" excludes units of government.          
          JUDICIAL NOTE, H-AM 1 (Office of the Illinois Courts)                
          HB 426 (H-am 1) may increase judicial workloads. However, it         
          is not anticipated that the bill would increase the number of        
          judges needed in the State.                                          
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 



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