Full Text of HB2566 103rd General Assembly
HB2566 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2566 Introduced 2/15/2023___________, by SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/17-1 | from Ch. 38, par. 17-1 |
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Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or
deceptive statement addressed to the public for the purpose of promoting
the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor.
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| | A BILL FOR |
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| 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 2012 is amended by | 5 | | changing Section 17-1 as follows: | 6 | | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | 7 | | Sec. 17-1. Deceptive practices.
| 8 | | (A) General deception. | 9 | | A person commits a deceptive practice when,
with intent to | 10 | | defraud, the person does any of the following: | 11 | | (1) He or she knowingly causes another, by deception | 12 | | or threat,
to execute
a document disposing of property or | 13 | | a document by which a pecuniary obligation
is incurred. | 14 | | (2) Being an officer, manager or other person | 15 | | participating in the
direction of a financial institution, | 16 | | he or she knowingly receives or
permits the receipt of a | 17 | | deposit or other investment, knowing that the
institution | 18 | | is insolvent. | 19 | | (3) He or she knowingly makes a false or
deceptive | 20 | | statement addressed to the public for the purpose of | 21 | | promoting
the sale or lease of property or services. |
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| 1 | | (B) Bad checks. | 2 | | A person commits a deceptive practice when: | 3 | | (1) With intent to obtain control over property or to | 4 | | pay for
property, labor or services of another, or in | 5 | | satisfaction of an obligation
for payment of tax under the | 6 | | Retailers' Occupation Tax Act or any other tax
due to the | 7 | | State of Illinois, he or she issues or delivers a check or
| 8 | | other order upon a real or fictitious depository for the | 9 | | payment of money,
knowing that it will not be paid by the | 10 | | depository. The trier of fact may infer that the defendant | 11 | | knows that the check or other order will not be paid by the | 12 | | depository and that the defendant has acted with intent to | 13 | | defraud when the defendant fails to have
sufficient funds | 14 | | or credit with the depository when the check or other | 15 | | order
is issued or delivered, or when such check or other | 16 | | order is presented for
payment and dishonored on each of 2 | 17 | | occasions at least 7 days apart. In this
paragraph (B)(1), | 18 | | "property" includes rental property (real or personal). | 19 | | (2) He or she issues or delivers a check or other order | 20 | | upon a real
or fictitious depository in an amount | 21 | | exceeding $150 in payment of an amount
owed on any credit | 22 | | transaction for property, labor or services, or in
payment | 23 | | of the entire amount owed on any credit transaction for | 24 | | property,
labor or services, knowing that it will not be | 25 | | paid by the depository, and
thereafter fails to provide | 26 | | funds or credit with the depository in the face
amount of |
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| 1 | | the check or order within 7 days of receiving actual
| 2 | | notice from the depository or payee of the dishonor of the | 3 | | check or order.
| 4 | | (C) Bank-related fraud. | 5 | | (1) False statement. | 6 | | A person commits false statement bank fraud if he or she, | 7 | | with intent to defraud, makes or causes to be
made any false | 8 | | statement in writing in order to obtain an account with
a bank | 9 | | or other financial institution, or to obtain credit from a | 10 | | bank or
other financial institution, or to obtain services | 11 | | from a currency exchange, knowing such writing to be false, | 12 | | and with
the intent that it be relied upon. | 13 | | For purposes of this subsection (C), a false statement | 14 | | means any false
statement representing identity, address, or | 15 | | employment, or the identity,
address, or employment of any | 16 | | person, firm, or corporation. | 17 | | (2) Possession of stolen or fraudulently obtained checks. | 18 | | A person commits possession of stolen or fraudulently | 19 | | obtained checks when he or she possesses, with the intent to | 20 | | obtain access to
funds of another person held in a real or | 21 | | fictitious deposit account at a
financial institution, makes a | 22 | | false statement or a misrepresentation to the
financial | 23 | | institution, or possesses, transfers, negotiates, or presents | 24 | | for
payment a check, draft, or other item purported to direct | 25 | | the financial
institution to withdraw or pay funds out of the |
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| 1 | | account holder's deposit
account with knowledge that such | 2 | | possession, transfer, negotiation, or
presentment is not | 3 | | authorized by the account holder or the issuing financial
| 4 | | institution. A person shall be deemed to have been
authorized | 5 | | to possess, transfer, negotiate, or present for payment such | 6 | | item
if the person was otherwise entitled by law to withdraw or | 7 | | recover funds
from the account in question and followed the | 8 | | requisite procedures under
the law. If the account holder, | 9 | | upon discovery of the
withdrawal or payment, claims that the | 10 | | withdrawal or payment was not
authorized, the financial | 11 | | institution may require the account holder to
submit an | 12 | | affidavit to that effect on a form satisfactory to the | 13 | | financial
institution before the financial institution may be | 14 | | required to credit the
account in an amount equal to the amount | 15 | | or amounts that were withdrawn
or paid without authorization. | 16 | | (3) Possession of implements of check fraud. | 17 | | A person commits possession of implements of check fraud | 18 | | when he or she possesses, with the intent to defraud and | 19 | | without the
authority of the account holder or financial | 20 | | institution, any check
imprinter, signature imprinter, or | 21 | | "certified" stamp. | 22 | | (D) Sentence. | 23 | | (1) The commission of a deceptive practice in | 24 | | violation of this Section, except as otherwise provided by | 25 | | this subsection (D), is a Class A misdemeanor. |
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| 1 | | (2) For purposes of paragraphs (A)(1) and (B)(1): | 2 | | (a) The commission of a deceptive practice in | 3 | | violation of paragraph (A)(1) or (B)(1), when the | 4 | | value of the property so obtained, in a single | 5 | | transaction or in separate transactions within a | 6 | | 90-day period, exceeds $150, is a Class 4 felony. In | 7 | | the case of a prosecution for separate transactions | 8 | | totaling more than $150 within a 90-day period, those | 9 | | separate transactions shall be alleged in a single | 10 | | charge and prosecuted in a single prosecution. | 11 | | (b) The commission of a deceptive practice in | 12 | | violation of paragraph (B)(1) a second or subsequent | 13 | | time is a Class 4 felony. | 14 | | (3) For purposes of paragraph (C)(2), a person who, | 15 | | within any 12-month period, violates paragraph (C)(2) with | 16 | | respect to 3 or more checks or orders for the payment of | 17 | | money at the same time or consecutively, each the property | 18 | | of a different account holder or financial institution, is | 19 | | guilty of a Class 4 felony. | 20 | | (4) For purposes of paragraph (C)(3), a person who | 21 | | within any 12-month period violates paragraph (C)(3) as to | 22 | | possession of 3 or more such devices at the same time or | 23 | | consecutively is guilty of a Class 4 felony. | 24 | | (E) Civil liability. A person who issues a check or order | 25 | | to a payee in violation of paragraph (B)(1) and who fails to |
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| 1 | | pay the amount of the check or order to the payee within 30 | 2 | | days following either delivery and acceptance by the addressee | 3 | | of a written demand both by certified mail and by first class | 4 | | mail to the person's last known address or attempted delivery | 5 | | of a written demand sent both by certified mail and by first | 6 | | class mail to the person's last known address and the demand by | 7 | | certified mail is returned to the sender with a notation that | 8 | | delivery was refused or unclaimed shall be liable to the payee | 9 | | or a person subrogated to the rights of the payee for, in | 10 | | addition to the amount owing upon such check or order, damages | 11 | | of treble the amount so owing, but in no case less than $100 | 12 | | nor more than $1,500, plus attorney's fees and court costs. An | 13 | | action under this subsection (E) may be brought in small | 14 | | claims court or in any other appropriate court. As part of the | 15 | | written demand required by this subsection (E), the plaintiff | 16 | | shall provide written notice to the defendant of the fact that | 17 | | prior to the hearing of any action under this subsection (E), | 18 | | the defendant may tender to the plaintiff and the plaintiff | 19 | | shall accept, as satisfaction of the claim, an amount of money | 20 | | equal to the sum of the amount of the check and the incurred | 21 | | court costs, including the cost of service of process, and | 22 | | attorney's fees. | 23 | | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
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