State of Illinois
92nd General Assembly
Legislation

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92_HB4123eng

 
HB4123 Engrossed                               LRB9215011REpk

 1        AN ACT concerning home repair fraud.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Home  Repair  Fraud  Act is amended by
 5    changing Section 5 as follows:

 6        (815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
 7        Sec. 5.  Aggravated Home Repair Fraud.  A person  commits
 8    the  offense  of aggravated home repair fraud when he commits
 9    home repair fraud against a person 60 years of age  or  older
10    or  a  disabled  person  as  defined in Section 16-1.3 of the
11    Criminal Code of 1961.
12        (a)  Aggravated violation of paragraphs  (1)  or  (2)  of
13    subsection  (a) of Section 3 of this Act shall be a Class 1 2
14    felony when the amount of the contract or agreement  is  more
15    than  $500  $1,000, a Class 3 4 felony when the amount of the
16    contract or agreement is $500 $1,000 or less, and a Class 2 3
17    felony for a second or subsequent offense when the amount  of
18    the  contract  or  agreement is $500 $1,000 or less.  If 2 or
19    more contracts  or  agreements  for  home  repair  exceed  an
20    aggregate amount of $500 $1,000 or more and such contracts or
21    agreements  are  entered  into with the same victim by one or
22    more of the defendants as part of  or  in  furtherance  of  a
23    common  fraudulent scheme, design or intention, the violation
24    shall be a Class 1 2 felony.
25        (b)  Aggravated violation of paragraph (3) of  subsection
26    (a) of Section 3 of this Act shall be a Class 1 2 felony when
27    the  amount  of the contract or agreement is more than $5,000
28    $10,000 and a Class  2  3  felony  when  the  amount  of  the
29    contract or agreement is $5,000 $10,000 or less.
30        (c)  Aggravated  violation of paragraph (4) of subsection
31    (a) of Section 3 of this Act shall be a Class 2 3 felony when
 
HB4123 Engrossed            -2-                LRB9215011REpk
 1    the amount of the contract or agreement  is  more  than  $500
 2    $1,000, a Class 3 4 felony when the amount of the contract or
 3    agreement is $500 $1,000 or less and a Class 2 3 felony for a
 4    second  or subsequent offense when the amount of the contract
 5    or agreement is $500 $1,000 or less.
 6        (d)  Aggravated violation of paragraphs  (1)  or  (2)  of
 7    subsection  (b) of Section 3 of this Act shall be a Class 2 3
 8    felony.
 9        (e)  If a person commits aggravated  home  repair  fraud,
10    then any State or local license or permit held by that person
11    that   relates   to  the  business  of  home  repair  may  be
12    appropriately suspended or revoked by the issuing  authority,
13    commensurate with the severity of the offense.
14        A  defense to aggravated home repair fraud does not exist
15    merely because the accused reasonably believed the victim  to
16    be a person less than 60 years of age.
17    (Source: P.A. 87-490.)

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