Public Act 90-0800 of the 90th General Assembly

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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.

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