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LRB094 18711 RLC 54077 b |
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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 |
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| Sections 16H-10 and 17-1 as follows:
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| (720 ILCS 5/16H-10)
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| Sec. 16H-10. Definitions. In this Article unless the |
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| context otherwise
requires:
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| (a) "Financial crime" means an offense described in this |
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| Article.
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| (b) "Financial institution" means any bank, savings bank, |
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| savings and
loan association, credit union, trust company, |
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| currency exchange, or a
other depository of money, or
medium of |
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| savings and collective investment.
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| (Source: P.A. 93-440, eff. 8-5-03 .)
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| (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
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| Sec. 17-1. Deceptive practices.
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| (A) Definitions.
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| As used in this Section:
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| (i) A
" Financial institution " means any bank, savings |
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| and
loan association, credit union, or other depository of |
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| money, or medium of
savings and collective investment.
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| (ii) An " account holder " is any person , having a |
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| checking
account or savings account in a financial |
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| institution.
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| (iii) To act with the "intent to defraud" means to act |
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| wilfully, and with
the specific intent to deceive or cheat, |
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| for the purpose of causing financial
loss to another, or to |
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| bring some financial gain to oneself. It is not
necessary |
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| to establish that any person was actually defrauded or |
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| deceived.
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LRB094 18711 RLC 54077 b |
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| (B) General Deception .
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| A person commits a deceptive practice when,
with intent to |
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| defraud , the person does any of the following :
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| (a) He or she causes another, by deception or threat ,
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| to execute
a document disposing of property or a document |
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| by which a pecuniary obligation
is incurred . , or
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| (b) Being an officer, manager or other person |
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| participating in the
direction of a financial institution, |
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| he or she knowingly receives or
permits the receipt of a |
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| deposit or other investment, knowing that the
institution |
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| is insolvent . , or
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| (c) He or she knowingly makes or directs another to |
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| make a false or
deceptive statement addressed to the public |
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| for the purpose of promoting
the sale of property or |
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| services . , or
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| (d) With intent to obtain control over property or to |
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| pay for
property, labor or services of another, or in |
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| satisfaction of an obligation
for payment of tax under the |
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| Retailers' Occupation Tax Act or any other tax
due to the |
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| State of Illinois, he or she issues or delivers a check or
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| other order upon a real or fictitious depository for the |
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| payment of money,
knowing that it will not be paid by the |
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| depository. Failure to have
sufficient funds or credit with |
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| the depository when the check or other order
is issued or |
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| delivered, or when such check or other order is presented |
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| for
payment and dishonored on each of 2 occasions at least |
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| 7 days apart, is prima
facie evidence that the offender |
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| knows that it will not be paid by the
depository, and that |
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| he or she has the intent to defraud. In this
paragraph (d), |
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| "property" includes rental property (real or personal).
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| (e) He or she issues or delivers a check or other order |
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| upon a real
or fictitious depository in an amount exceeding |
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| $150 in payment of an amount
owed on any credit transaction |
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| for property, labor or services, or in
payment of the |
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| entire amount owed on any credit transaction for property,
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LRB094 18711 RLC 54077 b |
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| labor or services, knowing that it will not be paid by the |
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| depository, and
thereafter fails to provide funds or credit |
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| with the depository in the face
amount of the check or |
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| order within 7
seven days of receiving actual
notice from |
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| the depository or payee of the dishonor of the check or |
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| order.
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| Sentence.
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| A person convicted of a deceptive practice under paragraph
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| paragraphs (a) , (b), (c), (d), or
through (e) of this |
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| subsection
(B), except as otherwise provided by this Section, |
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| is guilty of a Class A
misdemeanor.
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| A person convicted of a deceptive practice in violation of |
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| paragraph (d)
a second or subsequent time shall be guilty of a |
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| Class 4 felony.
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| A person convicted of deceptive practices in violation of |
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| paragraph (d),
when the value of the property so obtained, in a |
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| single transaction, or
in separate transactions within a 90 day |
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| period, exceeds $150, shall be
guilty of a Class 4 felony. In |
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| the case of a prosecution for separate
transactions totaling |
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| more than $150 within a 90 day period, such separate
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| transactions shall be alleged in a single charge and provided |
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| in a
single prosecution.
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| (C) Deception on a Bank or Other Financial Institution .
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| (1) False Statements .
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| 1) Any person who, with the intent to defraud, makes or |
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| causes to be
made , any false statement in writing in order to |
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| obtain an account with
a bank or other financial institution, |
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| or to obtain credit from a bank or
other financial institution, |
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| or to obtain services from a currency exchange, knowing such |
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| writing to be false, and with
the intent that it be relied |
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| upon, is guilty of a Class A misdemeanor.
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| For purposes of this subsection (C), a false statement |
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| shall mean any false
statement representing identity, address, |
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| or employment, or the identity,
address or employment of any |
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| person, firm or corporation.
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LRB094 18711 RLC 54077 b |
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| (2) Possession of Stolen or Fraudulently Obtained Checks .
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| 2) Any person who possesses, with the intent to obtain |
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| access to
funds of another person held in a real or fictitious |
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| deposit account at a
financial institution, makes a false |
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| statement or a misrepresentation to the
financial institution, |
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| or possesses, transfers, negotiates, or presents for
payment a |
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| check, draft, or other item purported to direct the financial
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| institution to withdraw or pay funds out of the account |
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| holder's deposit
account with knowledge that such possession, |
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| transfer, negotiation, or
presentment is not authorized by the |
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| account holder or the issuing financial
institution
is guilty |
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| of a Class A misdemeanor. A person shall be deemed to have been
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| authorized to possess, transfer, negotiate, or present for |
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| payment such item
if the person was otherwise entitled by law |
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| to withdraw or recover funds
from the account in question and |
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| followed the requisite procedures under
the law. In the event |
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| that the account holder, upon discovery of the
withdrawal or |
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| payment, claims that the withdrawal or payment was not
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| authorized, the financial institution may require the account |
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| holder to
submit an affidavit to that effect on a form |
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| satisfactory to the financial
institution before the financial |
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| institution may be required to credit the
account in an amount |
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| equal to the amount or amounts that were withdrawn
or paid |
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| without authorization.
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| Any person who, within any 12 month period, violates this |
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| Section with
respect to 3 or more checks or orders for the |
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| payment of money at the same
time or consecutively, each the |
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| property of a different account holder
or financial |
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| institution, is guilty of a Class 4 felony.
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| ( 3) Possession of Implements of Check Fraud.
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| Any person who possesses, with the intent to defraud , and |
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| without the
authority of the account holder or financial |
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| institution , any check
imprinter, signature imprinter, or |
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| "certified" stamp is guilty of a Class A
misdemeanor.
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| A person who within any 12 month period violates this |
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| subsection (C) as
to possession of 3 or more such devices at |
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LRB094 18711 RLC 54077 b |
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| the same time or consecutively,
is guilty of a Class 4 felony.
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| (4) Possession of Identification Card .
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| 4) Any person , who , with the intent to defraud, possesses |
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| any
check guarantee card or key card or identification card for |
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| cash dispensing
machines without the authority of the account |
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| holder or financial
institution , is guilty of a Class A |
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| misdemeanor.
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| A person who, within any 12 month period, violates this |
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| Section at the
same time or consecutively with respect to 3 or |
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| more cards, each the property
of different account holders, is |
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| guilty of a Class 4 felony.
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| A person convicted under this Section, when the value of |
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| property so
obtained, in a single transaction, or in separate |
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| transactions within any
90 day period, exceeds $150 shall be |
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| guilty of a Class 4 felony.
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| (Source: P.A. 92-633, eff. 1-1-03; 92-646, eff. 1-1-03; revised |
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| 10-3-02.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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