|
Judiciary II - Criminal Law Committee
Filed: 5/1/2006
|
|
09400SB0630ham001 |
|
LRB094 04370 BDD 58510 a |
|
|
1 |
| AMENDMENT TO SENATE BILL 630
|
2 |
| AMENDMENT NO. ______. Amend Senate Bill 630 by replacing |
3 |
| everything after the enacting clause with the following:
|
4 |
| "Section 5-87. The Whistleblower Reward and Protection Act |
5 |
| is amended by changing Section 3 as follows:
|
6 |
| (740 ILCS 175/3) (from Ch. 127, par. 4103)
|
7 |
| Sec. 3. False claims.
|
8 |
| (a) Liability for certain acts. Any person who:
|
9 |
| (1) knowingly presents, or causes to be presented, to |
10 |
| an officer or
employee of the State or a member of the |
11 |
| Guard a false or fraudulent claim
for payment or approval;
|
12 |
| (2) knowingly makes, uses, or causes to be made or |
13 |
| used, a false record
or statement to get a false or |
14 |
| fraudulent claim paid or approved by the State;
|
15 |
| (3) conspires to defraud the State by getting a false |
16 |
| or fraudulent
claim allowed or paid;
|
17 |
| (4) has possession, custody, or control of property or |
18 |
| money used, or to
be used, by the State and, intending to |
19 |
| defraud the State or willfully to
conceal the property, |
20 |
| delivers, or causes to be delivered, less property
than the |
21 |
| amount for which the person receives a certificate or |
22 |
| receipt;
|
23 |
| (5) authorized to make or deliver a document certifying |
24 |
| receipt of
property used, or to be used, by the State and, |
|
|
|
09400SB0630ham001 |
- 2 - |
LRB094 04370 BDD 58510 a |
|
|
1 |
| intending to defraud the
State, makes or delivers the |
2 |
| receipt without completely knowing that the
information on |
3 |
| the receipt is true;
|
4 |
| (6) knowingly buys, or receives as a pledge of an |
5 |
| obligation or debt,
public property from an officer or |
6 |
| employee of the State, or a member of
the Guard, who |
7 |
| lawfully may not sell or pledge the property; or
|
8 |
| (7) knowingly makes, uses, or causes to be made or |
9 |
| used, a false record
or statement to conceal, avoid or |
10 |
| decrease an obligation to pay or transmit
money or property |
11 |
| to the State,
|
12 |
| is liable to the State for a civil penalty of not less than |
13 |
| $5,500
$5,000 and not
more than $11,000
$10,000 , plus 3 times |
14 |
| the amount of damages which the State
sustains because of the |
15 |
| act of that person. A person violating
this subsection (a) |
16 |
| shall also be liable to the State for the costs of a civil
|
17 |
| action brought to recover any such penalty or damages.
|
18 |
| (b) Knowing and knowingly defined. As used in this Section, |
19 |
| the terms
"knowing" and "knowingly" mean that a person, with |
20 |
| respect to information:
|
21 |
| (1) has actual knowledge of the information;
|
22 |
| (2) acts in deliberate ignorance of the truth or |
23 |
| falsity of the
information; or
|
24 |
| (3) acts in reckless disregard of the truth or falsity |
25 |
| of the
information, and no proof of specific intent to |
26 |
| defraud is required.
|
27 |
| (c) Claim defined. As used in this Section, "claim" |
28 |
| includes any
request or demand, whether under a contract or |
29 |
| otherwise, for money or
property which is made to a contractor, |
30 |
| grantee, or other recipient if the
State provides any portion |
31 |
| of the money or property which is requested or
demanded, or if |
32 |
| the State will reimburse such contractor, grantee, or other
|
33 |
| recipient for any portion of the money or property which is |
34 |
| requested
or demanded.
|