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| Public Act 096-0575 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 33-7 as follows: | ||||
(720 ILCS 5/33-7) | ||||
Sec. 33-7. Public contractor misconduct.
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(a) A public contractor; a person seeking a public contract | ||||
on behalf of himself, herself, or another; an employee of a | ||||
public
contractor; or a person seeking a public contract on | ||||
behalf of himself, herself, or another commits public | ||||
contractor misconduct when, in the performance of, or in | ||||
connection with, a contract with
the State, a unit of local | ||||
government, or a school district or in obtaining or seeking to | ||||
obtain such a contract he or she commits any of
the following | ||||
acts: | ||||
(1) intentionally or knowingly makes, uses, or causes | ||||
to be made or used a false record or statement to conceal, | ||||
avoid, or decrease an obligation to pay or transmit money | ||||
or property; | ||||
(2) knowingly performs an act that he or
she knows he | ||||
or she is forbidden by law to perform; | ||||
(3) with intent to obtain a personal advantage for | ||||
himself, herself, or another, he or she
performs an act in | ||
excess of his or her contractual responsibility; or | ||
(4) solicits or knowingly accepts for the performance | ||
of any act a fee or
reward that he or she knows is not | ||
authorized by law; or . | ||
(5) knowingly or intentionally seeks or receives | ||
compensation or reimbursement for goods and services he or | ||
she purported to deliver or render, but failed to do so | ||
pursuant to the terms of the contract, to the unit of State | ||
or local government or school district. | ||
(b) Sentence. Any person who violates this Section commits | ||
a Class 3 felony. Any person convicted of this offense or a | ||
similar offense in any state of the United States which | ||
contains the same elements of this offense shall be barred for | ||
10 years from the date of conviction from contracting with, | ||
employment by, or holding public office with the State or any | ||
unit of local government or school district. No corporation | ||
shall be barred as a result of a conviction under this Section | ||
of any employee or agent of such corporation if the employee so | ||
convicted is no longer employed by the corporation and (1) it | ||
has been finally adjudicated not guilty or (2) it demonstrates | ||
to the government entity with which it seeks to contract, and | ||
that entity finds, that the commission of the offense was | ||
neither authorized, requested, commanded, nor performed by a | ||
director, officer or high managerial agent on behalf of the | ||
corporation as provided in paragraph (2) of subsection (a) of | ||
Section 5-4 of this Code. | ||
(c) The Attorney General or the State's Attorney in the | ||
county where the principal office of the unit of local | ||
government or school district is located may bring a civil | ||
action on behalf of any unit of State or local government to | ||
recover a civil penalty from any person who knowingly engages | ||
in conduct which violates subsection (a) of this Section in | ||
treble the amount of the monetary cost to the unit of State or | ||
local government or school district involved in the violation. | ||
The Attorney General or State's Attorney shall be entitled to | ||
recover reasonable attorney's fees as part of the costs | ||
assessed to the defendant. This subsection (c) shall in no way | ||
limit the ability of any unit of State or local government or | ||
school district to recover moneys or damages regarding public | ||
contracts under any other law or ordinance. A civil action | ||
shall be barred unless the action is commenced within 6 years | ||
after the later of (1) the date on which the conduct | ||
establishing the cause of action occurred or (2) the date on | ||
which the unit of State or local government or school district | ||
knew or should have known that the conduct establishing the | ||
cause of action occurred.
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(d) This amendatory Act of the 96th General Assembly shall | ||
not be construed to create a private right of action. | ||
(Source: P.A. 94-338, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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