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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3613 Introduced 2/24/2011, by Rep. David Harris - Sidney H. Mathias - Renée Kosel - Sandra M. Pihos - Richard Morthland SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/16-1.4 new | | 720 ILCS 5/33E-16 | |
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Amends the Criminal Code of 1961. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or
knowingly converts to his or her use or the use of another,
or without authority sells, conveys, or disposes of, any
record, voucher, money, or thing of value of the State of
Illinois or any department or agency of the State, or of
any unit of local government or school district, or any
property made or being made under contract for the State of
Illinois or any department or agency of the State, or any
unit of local government or school district; or (2) receives, conceals, or retains the record,
voucher, money, thing of value, or property of the State of
Illinois or any department or agency of the State, or of
any unit of local government or school district, or any
property made or being made under contract for the State of
Illinois or any department or agency of the State, or any
unit of local government or school district with intent to convert it to his or her use
or gain, knowing it to have been embezzled, stolen,
purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without
authority knowingly converting to the use of any person other than the rightful
owner or intentionally misapplying, property that is owned by, or is under the
care, custody, or control of the State of Illinois or of any agency of the
State, a unit of local government, or school district.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3613 | | LRB097 08529 RLC 48656 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 33E-16 and by adding Section 16-1.4 as follows:
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| 6 | | (720 ILCS 5/16-1.4 new) |
| 7 | | Sec. 16-1.4. Theft of public funds. |
| 8 | | (a) A person commits theft of public funds when he or she: |
| 9 | | (1) embezzles, steals, purloins, obtains by fraud, or
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| 10 | | knowingly converts to his or her use or the use of another,
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| 11 | | or without authority sells, conveys, or disposes of, any
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| 12 | | record, voucher, money, or thing of value of the State of
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| 13 | | Illinois or any department or agency of the State, or of
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| 14 | | any unit of local government or school district, or any
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| 15 | | property made or being made under contract for the State of
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| 16 | | Illinois or any department or agency of the State, or any
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| 17 | | unit of local government or school district; or |
| 18 | | (2) receives, conceals, or retains the record,
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| 19 | | voucher, money, thing of value, or property described in
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| 20 | | paragraph (1) with intent to convert it to his or her use
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| 21 | | or gain, knowing it to have been embezzled, stolen,
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| 22 | | purloined, obtained by fraud, or converted. |
| 23 | | (b)
For the purposes of this Section, "value" means face,
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| | HB3613 | - 2 - | LRB097 08529 RLC 48656 b |
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| 1 | | par, or market value, or cost price, either wholesale or |
| 2 | | retail,
whichever is greater. |
| 3 | | (c) Sentence. |
| 4 | | (1) Theft of public funds involving property not |
| 5 | | exceeding $300 in value is a
Class 4 felony. |
| 6 | | (2) Theft of public funds involving property exceeding |
| 7 | | $300 and not exceeding
$10,000 in value, is a Class 2 |
| 8 | | felony. |
| 9 | | (3) Theft of public funds involving property exceeding |
| 10 | | $10,000 and not
exceeding $100,000 in value is a Class 1 |
| 11 | | felony. |
| 12 | | (4) Theft of public funds involving property exceeding |
| 13 | | $100,000 in value is a Class X felony.
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| 14 | | (720 ILCS 5/33E-16)
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| 15 | | Sec. 33E-16. Misapplication of funds. Whoever, being an |
| 16 | | officer,
director, agent, or employee of, or affiliated in any |
| 17 | | capacity with the State
of Illinois or any agency of the State, |
| 18 | | or any unit of
local government or school
district, embezzles, |
| 19 | | steals, obtains by fraud, or otherwise without
authority |
| 20 | | knowingly converts to the use of any person other than the |
| 21 | | rightful
owner or intentionally misapplies, property that is |
| 22 | | owned by, or is under the
care, custody, or control of the |
| 23 | | State of Illinois or of any agency of the
State, a unit of |
| 24 | | local government, or school district , willfully
misapplies any |
| 25 | | of the moneys, funds, or credits of the unit of local |