|
|
|
|
SB1491 Engrossed |
|
LRB094 10917 RLC 41807 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing |
| 5 |
| Section 17-6 as follows:
|
| 6 |
| (720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
|
| 7 |
| Sec. 17-6. State Benefits Fraud. (a) Any person who obtains |
| 8 |
| or attempts
to obtain money or benefits from the State of |
| 9 |
| Illinois, from any political
subdivision thereof, or from any |
| 10 |
| program funded or administered in whole
or in part by the State |
| 11 |
| of Illinois or any political subdivision thereof
through the |
| 12 |
| knowing use of false identification documents or through the
|
| 13 |
| knowing misrepresentation of his age, place of residence, |
| 14 |
| number of dependents,
marital or family status, employment |
| 15 |
| status, financial status, or any other
material fact upon which |
| 16 |
| his eligibility for or degree of participation
in any benefit |
| 17 |
| program might be based, is guilty of State benefits fraud.
|
| 18 |
| (b) Notwithstanding any provision of State law to the |
| 19 |
| contrary, every
application or other document submitted to an |
| 20 |
| agency or department of the
State of Illinois or any political |
| 21 |
| subdivision thereof to establish or determine
eligibility for |
| 22 |
| money or benefits from the State of Illinois or from any
|
| 23 |
| political subdivision thereof, or from any program funded or |
| 24 |
| administered
in whole or in part by the State of Illinois or |
| 25 |
| any political subdivision
thereof, shall be made available upon |
| 26 |
| request to any law enforcement agency
for use in the |
| 27 |
| investigation or prosecution of State benefits fraud or for
use |
| 28 |
| in the investigation or prosecution of any other crime arising |
| 29 |
| out of
the same transaction or occurrence. Except as otherwise |
| 30 |
| permitted by law,
information disclosed pursuant to this |
| 31 |
| subsection shall be used and disclosed
only for the purposes |
| 32 |
| provided herein. The provisions of this Section shall
be |
|
|
|
SB1491 Engrossed |
- 2 - |
LRB094 10917 RLC 41807 b |
|
|
| 1 |
| operative only to the extent that they do not conflict with any |
| 2 |
| federal
law or regulation governing federal grants to this |
| 3 |
| State.
|
| 4 |
| (c) Any employee of the State of Illinois or any agency or |
| 5 |
| political subdivision
thereof may seize as evidence any false |
| 6 |
| or fraudulent document presented
to him in connection with an |
| 7 |
| application for or receipt of money or benefits
from the State |
| 8 |
| of Illinois, from any political subdivision thereof, or from
|
| 9 |
| any program funded or administered in whole or in part by the |
| 10 |
| State of Illinois
or any political subdivision thereof.
|
| 11 |
| (d) (1) State benefits fraud is a Class 4 felony except |
| 12 |
| when more than $300
is obtained, in which case State benefits |
| 13 |
| fraud is a Class 3 felony. |
| 14 |
| (2) State benefits fraud is a Class 3 felony when $300 or |
| 15 |
| less is obtained and a Class 2 felony when more than $300 is |
| 16 |
| obtained if a person knowingly misrepresents oneself as a |
| 17 |
| veteran or as a dependent of a veteran with the intent of |
| 18 |
| obtaining benefits or privileges provided by the State or its |
| 19 |
| political subdivisions to veterans or their dependents. For the |
| 20 |
| purposes of this paragraph (2), benefits and privileges |
| 21 |
| include, but are not limited to, those benefits and privileges |
| 22 |
| available under the Veterans' Employment Act, the Viet Nam |
| 23 |
| Veterans Compensation Act, the Prisoner of War Bonus Act, the |
| 24 |
| War Bonus Extension Act, the Military Veterans Assistance Act, |
| 25 |
| the Veterans' Employment Representative Act, the Veterans |
| 26 |
| Preference Act, the Service Member's Employment Tenure Act, the |
| 27 |
| Disabled Veterans Housing Act, the Under Age Veterans Benefits |
| 28 |
| Act, the Survivors Compensation Act, the Children of Deceased |
| 29 |
| Veterans Act, the Veterans Burial Places Act, the Higher |
| 30 |
| Education Student Assistance Act, or any other loans, |
| 31 |
| assistance in employment, monetary payments, or tax exemptions |
| 32 |
| offered by the State or its political subdivisions for veterans |
| 33 |
| or their dependents.
|
| 34 |
| (Source: P.A. 82-999.)
|