Full Text of HB4575 096th General Assembly
HB4575 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4575
Introduced , by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4575 |
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LRB096 13091 RLC 27444 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 | 5 |
| Section 17-24 as follows:
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| (720 ILCS 5/17-24)
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| Sec. 17-24. Fraudulent schemes and artifices.
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| (a) Fraud by wire, radio, or television .
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| (1) A person commits wire fraud when he or she :
(A) | 10 |
| devises or intends to devise a scheme or artifice : | 11 |
| (A) to defraud or to
obtain money or property by | 12 |
| means of false pretenses, representations, or
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| promises , or | 14 |
| (B) to sell, dispose of, loan, exchange, alter,
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| give away, distribute, supply, or furnish or procure | 16 |
| for unlawful use any
counterfeit obligation, security, | 17 |
| or other article, or anything represented to
be or | 18 |
| intimated or held out to be such counterfeit or | 19 |
| spurious article. ; and
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| (B) (i) transmits or causes to be transmitted from | 21 |
| within this State;
or
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| (ii) transmits or causes to
be transmitted so | 23 |
| that it is received by a person within this State; |
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HB4575 |
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LRB096 13091 RLC 27444 b |
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| or
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| (iii) transmits or causes to be transmitted so | 3 |
| that it is reasonably
foreseeable that it will be | 4 |
| accessed by a person within this State:
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| any writings, signals, pictures, sounds, or electronic or | 6 |
| electric impulses
by means of wire, radio, or television | 7 |
| communications for the purpose of
executing the scheme or | 8 |
| artifice.
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| (2) (Blank). A scheme or artifice to defraud using
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| electronic transmissions is deemed to occur in the county | 11 |
| from which a
transmission is sent, if the transmission is | 12 |
| sent from within this State, the
county in which a person | 13 |
| within this State receives the transmission, and the
county | 14 |
| in which a person who is within this State is located when | 15 |
| the person
accesses a transmission.
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| (3) Fraud Wire fraud is a Class 3 felony.
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| (b) (Blank). Mail fraud.
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| (1) A person commits mail fraud when he or she:
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| (A) devises or intends to devise any scheme or | 20 |
| artifice to defraud or to
obtain money or property by | 21 |
| means of false or fraudulent pretenses,
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| representations or promises, or to sell, dispose of, | 23 |
| loan, exchange, alter,
give away, distribute, supply, | 24 |
| or furnish or procure for unlawful use any
counterfeit | 25 |
| obligation, security, or other article, or anything | 26 |
| represented to
be or intimidated or held out to be such |
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HB4575 |
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LRB096 13091 RLC 27444 b |
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| counterfeit or spurious article; and
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| (B) for the purpose of executing such scheme or | 3 |
| artifice or attempting
so to do, places in any post | 4 |
| office or authorized depository for mail matter
within | 5 |
| this State, any matter or thing whatever to be | 6 |
| delivered by the Postal
Service, or deposits or causes | 7 |
| to be deposited in this State by mail or by
private or | 8 |
| commercial carrier according to the direction on the | 9 |
| matter or
thing, or at the place at which it is | 10 |
| directed to be delivered by the person to
whom it is | 11 |
| addressed, any such matter or thing.
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| (2) A scheme or artifice to defraud using a government | 13 |
| or private carrier
is deemed to occur in the county in | 14 |
| which mail or other matter is deposited
with the Postal | 15 |
| Service or a private commercial carrier for delivery, if
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| deposited with the Postal Service or a private or | 17 |
| commercial carrier within
this State and the county in | 18 |
| which a person within this State receives the mail
or other | 19 |
| matter from the Postal Service or a private or commercial | 20 |
| carrier.
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| (3) Mail fraud is a Class 3 felony.
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| (c) (Blank).
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| (d) The period of limitations for prosecution of any | 24 |
| offense defined in this
Section begins at the time when the | 25 |
| last act in furtherance of the scheme or
artifice is committed.
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| (e) In this Section:
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LRB096 13091 RLC 27444 b |
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| (1) "Scheme or artifice to defraud" includes a scheme | 2 |
| or artifice to
deprive another of the intangible right to | 3 |
| honest services.
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| (2) (Blank).
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| (Source: P.A. 92-16, eff. 6-28-01; 93-440, eff. 8-5-03.)
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