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| | SB1699 Enrolled | | LRB097 09596 RLC 49733 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 16H-60 as follows:
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| 6 | | (720 ILCS 5/16H-60)
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| 7 | | Sec. 16H-60. Sentence.
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| 8 | | (a) A financial crime, the full value of which does not |
| 9 | | exceed $500, is
a Class A misdemeanor.
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| 10 | | (b) A person who has been convicted of a financial crime, |
| 11 | | the full
value of which does not exceed $500, and who has been |
| 12 | | previously
convicted of a financial crime or any type of theft, |
| 13 | | robbery, armed robbery,
burglary, residential burglary, |
| 14 | | possession of burglary tools, or home
invasion, is guilty of a |
| 15 | | Class 4 felony. When a person has such prior
conviction, the |
| 16 | | information or indictment charging that person shall state
such |
| 17 | | prior conviction so as to give notice of the State's intention |
| 18 | | to treat
the
charge as a felony. The fact of such prior |
| 19 | | conviction is not an element of the
offense and may not be |
| 20 | | disclosed to the jury during trial unless otherwise
permitted |
| 21 | | by issues properly raised during such trial.
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| 22 | | (c) A financial crime, the full value of which exceeds $500 |
| 23 | | but does
not exceed $10,000, is a Class 3 felony. When a charge |
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| 1 | | of financial crime,
the full value of which exceeds $500 but |
| 2 | | does not exceed $10,000, is
brought, the value of the financial |
| 3 | | crime involved is an element of the
offense to be resolved by |
| 4 | | the trier of fact as either exceeding or not
exceeding $500.
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| 5 | | (d) A financial crime, the full value of which exceeds |
| 6 | | $10,000 but
does not exceed $100,000, is a Class 2 felony. When |
| 7 | | a charge of financial
crime, the full value of which exceeds |
| 8 | | $10,000 but does not exceed
$100,000, is brought, the value of |
| 9 | | the financial crime involved is an element
of the offense to be |
| 10 | | resolved by the trier of fact as either exceeding or not
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| 11 | | exceeding $10,000.
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| 12 | | (e) A financial crime, the full value of which exceeds |
| 13 | | $100,000 but does not exceed $500,000, is a Class
1 felony.
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| 14 | | When a charge of financial crime, the full value of which |
| 15 | | exceeds $100,000 but does not exceed $500,000,
is brought, the |
| 16 | | value of the financial crime involved is an element of the
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| 17 | | offense to be resolved by the trier of fact as either exceeding |
| 18 | | or not
exceeding $100,000.
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| 19 | | (f) A financial crime which is a financial institution |
| 20 | | robbery is a
Class 1 felony.
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| 21 | | (g) A financial crime which is a continuing financial |
| 22 | | crimes
enterprise is a Class 1 felony.
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| 23 | | (h) A financial crime which is the offense of being an |
| 24 | | organizer of a
continuing financial crimes enterprise is a |
| 25 | | Class X felony.
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| 26 | | (i) (Blank).
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| 1 | | (j) A financial crime, the full value of which exceeds |
| 2 | | $500,000 but does not exceed $1,000,000, is a Class 1 |
| 3 | | non-probationable felony. When a charge of financial crime, the |
| 4 | | full value of which exceeds $500,000 but does not exceed |
| 5 | | $1,000,000, is brought, the value of the financial crime |
| 6 | | involved is an element of the offense to be resolved by the |
| 7 | | trier of fact as either exceeding or not exceeding $500,000. |
| 8 | | (k) A financial crime, the full value of which exceeds |
| 9 | | $1,000,000, is a Class X felony. When a charge of financial |
| 10 | | crime, the full value of which exceeds $1,000,000, is brought, |
| 11 | | the value of the financial crime involved is an element of the |
| 12 | | offense to be resolved by the trier of fact as either exceeding |
| 13 | | or not exceeding $1,000,000. |
| 14 | | (Source: P.A. 96-534, eff. 8-14-09; 96-1301, eff. 1-1-11.)
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