Public Act 90-0800 of the 90th General Assembly
Public Act 90-0800
SB1335 Re-enrolled LRB9008848NTsb
AN ACT in relation to criminal law, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 33E-2 and adding Sections 33E-14, 33E-15,
33E-16, 33E-17, and 33E-18 as follows:
(720 ILCS 5/33E-2) (from Ch. 38, par. 33E-2)
Sec. 33E-2. Definitions. In this Act: (a) "Public
contract" means any contract for goods, services or
construction let to any person with or without bid by any
unit of State or local government.
(b) "Unit of State or local government" means the State,
or any unit of state government or agency thereof, any county
or municipal government or committee or agency thereof, or
any other entity which is funded by or expends tax dollars or
the proceeds of publicly guaranteed bonds.
(c) "Change order" means a change in a contract term
other than as specifically provided for in the contract which
authorizes or necessitates any increase or decrease in the
cost of the contract or the time to completion.
(d) "Person" means any individual, firm, partnership,
corporation, joint venture or other entity, but does not
include a unit of State or local government.
(e) "Person employed by any unit of State or local
government" means any employee of a unit of State or local
government and any person defined in subsection (d) who is
authorized by such unit of State or local government to act
on its behalf in relation to any public contract.
(f) "Sheltered market" has the meaning ascribed to it in
Section 2 of the Minority and Female Business Enterprise Act,
as now or hereafter amended.
(g) "Kickback" means any money, fee, commission, credit,
gift, gratuity, thing of value, or compensation of any kind
which is provided, directly or indirectly, to any prime
contractor, prime contractor employee, subcontractor, or
subcontractor employee for the purpose of improperly
obtaining or rewarding favorable treatment in connection with
a prime contract or in connection with a subcontract relating
to a prime contract.
(h) "Prime contractor" means any person who has entered
into a public contract.
(i) "Prime contractor employee" means any officer,
partner, employee, or agent of a prime contractor.
(i-5) "Stringing" means knowingly structuring a contract
or job order to avoid the contract or job order being subject
to competitive bidding requirements.
(j) "Subcontract" means a contract or contractual action
entered into by a prime contractor or subcontractor for the
purpose of obtaining goods or services of any kind under a
prime contract.
(k) "Subcontractor" (1) means any person, other than the
prime contractor, who offers to furnish or furnishes any
goods or services of any kind under a prime contract or a
subcontract entered into in connection with such prime
contract; and (2) includes any person who offers to furnish
or furnishes goods or services to the prime contractor or a
higher tier subcontractor.
(l) "Subcontractor employee" means any officer, partner,
employee, or agent of a subcontractor.
(Source: P.A. 86-150.)
(720 ILCS 5/33E-14 new)
Sec. 33E-14. False statements on vendor applications.
Whoever knowingly makes any false statement or report, for
the purpose of influencing in any way the action of any unit
of local government or school district in considering a
vendor application, is guilty of a Class 3 felony.
(720 ILCS 5/33E-15 new)
Sec. 33E-15. False entries. Any officer, agent, or
employee of, or anyone who is affiliated in any capacity with
any unit of local government or school district and makes a
false entry in any book, report, or statement of any unit of
local government or school district with the intent to
defraud the unit of local government or school district, is
guilty of a Class 3 felony.
(720 ILCS 5/33E-16 new)
Sec. 33E-16. Misapplication of funds. Whoever, being an
officer, director, agent, or employee of, or affiliated in
any capacity with any unit of local government or school
district, willfully misapplies any of the moneys, funds, or
credits of the unit of local government or school district is
guilty of a Class 3 felony.
(720 ILCS 5/33E-17 new)
Sec. 33E-17. Unlawful participation. Whoever, being an
officer, director, agent, or employee of, or affiliated in
any capacity with any unit of local government or school
district participates, shares in, or receiving directly or
indirectly any money, profit, property, or benefit through
any contract with the unit of local government or school
district, with the intent to defraud the unit of local
government or school district is guilty of a Class 3 felony.
(720 ILCS 5/33E-18 new)
Sec. 33E-18. Unlawful stringing of bids.
(a) No person for the purpose of evading the bidding
requirements of any unit of local government or school
district shall knowingly string or assist in stringing, or
attempt to string any contract or job order with the unit of
local government or school district.
(b) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
Section 10. The Unified Code of Corrections is amended
by changing Section 5-9-1.3 as follows:
(730 ILCS 5/5-9-1.3) (from Ch. 38, par. 1005-9-1.3)
Sec. 5-9-1.3. Fines for offenses involving theft,
deceptive practices, and offenses against units of local
government or school districts.
(a) When a person has been adjudged guilty of a felony
under Section 16-1, 16-9 or 17-1 of the Criminal Code of
1961, a fine may be levied by the court in an amount which is
the greater of $25,000 $10,000 or twice the value of the
property which is the subject of the offense.
(b) When a person has been convicted of a felony under
Section 16-1 of the Criminal Code of 1961 and the theft was
committed upon any unit of local government or school
district, or the person has been convicted of any violation
of Sections 33C-1 through 33C-4 or Sections 33E-3 through
33E-18 of the Criminal Code of 1961, a fine may be levied by
the court in an amount that is the greater of $25,000 or
treble the value of the property which is the subject of the
offense or loss to the unit of local government or school
district.
(c) All fines imposed under subsection (b) of this
Section shall be distributed as follows:
(1) An amount equal to 30% shall be distributed to
the unit of local government or school district that was
the victim of the offense;
(2) An amount equal to 30% shall be distributed to
the unit of local government whose officers or employees
conducted the investigation into the crimes against the
unit of local government or school district. Amounts
distributed to units of local government shall be used
solely for the enforcement of criminal laws protecting
units of local government or school districts;
(3) An amount equal to 30% shall be distributed to
the State's Attorney of the county in which the
prosecution resulting in the conviction was instituted.
The funds shall be used solely for the enforcement of
criminal laws protecting units of local government or
school districts; and
(4) An amount equal to 10% shall be distributed to
the circuit court clerk of the county where the
prosecution resulting in the conviction was instituted.
(d) A fine order under subsection (b) of this Section is
a judgment lien in favor of the victim unit of local
government or school district, the State's Attorney of the
county where the violation occurred, the law enforcement
agency that investigated the violation, and the circuit court
clerk.
(Source: P.A. 85-660.)
Section 99. Effective date. This Act takes effect
January 1, 1999.