HB4727 96TH GENERAL ASSEMBLY

LRB096 15853 RLC 31095 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4727

Introduced 1/4/2010, by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33-8 new

Amends the Criminal Code of 1961. Creates the offense of improper use of public funds. Provides that a person commits the offense when he or she knowingly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative. Provides that an official or employee of the State or a unit of local government who knowingly facilitates, aids, abets, assists, or participates in the misappropriation, misuse, or unlawful withholding or conversion to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative also commits the offense. Provides that a person convicted of a felony violation of improper use of public funds is ineligible to receive any grant or contract from the State of Illinois. Defines "gubernatorial or legislative member initiative" and "infrastructure improvements".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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 adding Section 33-8 as follows:

(720 ILCS 5/33-8 new)

Sec. 33-8. Improper use of public funds.

(a) A person who knowingly misappropriates, misuses, or unlawfully withholds or converts to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative is guilty of the offense of improper use of public funds.

(b) An official or employee of the State or a unit of local government who knowingly facilitates, aids, abets, assists, or participates in the misappropriation, misuse, or unlawful withholding or conversion to his or her own use or to the use of another any public funds made available through a gubernatorial or legislative member initiative is guilty of the offense of improper use of public funds.

(c) In this Section, "gubernatorial or legislative member initiative" means a grant from State funds to a specific unit of local government, specific school district, specific not-for-profit organization, or specific non-governmental entity for infrastructure improvements or operating expenses. Grants that are part of a statewide program and are based on generally applicable standards of eligibility are not gubernatorial or legislative member initiatives, unless the grant has been requested or initiated by the Governor or a member of the Illinois General Assembly. In this Section, "infrastructure improvements" include without limitation capital improvements, capital projects, planning, construction, reconstruction, equipment, utilities, vehicles, and all costs associated with economic development, community programs, educational programs, public health, and public safety.

(d) Sentence. A person convicted of a violation of subsection (a) or (b) of this Section shall be punished as follows:

(1) If the total amount of money involved in the violation is less than $1,000, the violation is a Class A misdemeanor.

(2) If the total amount of money involved in the violation is $1,000 or more, but less than $5,000, the violation is a Class 3 felony.

(3) If the total amount of money involved in the violation is $5,000 or more but less than $10,000, the violation is a Class 2 felony.

(4) If the total amount of money involved in the violation is $10,000 or more, the violation is a Class 1 felony.

(e) A person convicted of a felony violation of this Section is ineligible to receive any grant or contract from the State of Illinois.