State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_SB1713eng

 
SB1713 Engrossed                               LRB9212377JSpc

 1        AN ACT in relation to 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 1961 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.  (A)  As  used  in  this
 8    Section:
 9        (i)  A  financial institution means any bank, savings and
10    loan association, credit union, or other depository of money,
11    or medium of savings and collective investment.
12        (ii)  An account holder is any person, having a  checking
13    account or savings account in a financial institution.
14        (iii)  To  act  with the "intent to defraud" means to act
15    wilfully, and with the specific intent to deceive  or  cheat,
16    for  the  purpose of causing financial loss to another, or to
17    bring some financial gain to oneself.  It is not necessary to
18    establish that any person was actually defrauded or deceived.
19        (B)  General Deception
20    A person commits a deceptive practice when,  with  intent  to
21    defraud:
22        (a)  He causes another, by deception or threat to execute
23    a  document  disposing  of  property or a document by which a
24    pecuniary obligation is incurred, or
25        (b)  Being  an   officer,   manager   or   other   person
26    participating in the direction of a financial institution, he
27    knowingly  receives  or  permits  the receipt of a deposit or
28    other investment, knowing that the institution is  insolvent,
29    or
30        (c)  He  knowingly  makes  or  directs  another to make a
31    false or deceptive statement addressed to the public for  the
 
SB1713 Engrossed            -2-                LRB9212377JSpc
 1    purpose of promoting the sale of property or services, or
 2        (d)  With  intent  to  obtain control over property or to
 3    pay for  property,  labor  or  services  of  another,  or  in
 4    satisfaction  of  an  obligation for payment of tax under the
 5    Retailers' Occupation Tax Act or any other  tax  due  to  the
 6    State  of  Illinois,  he  issues or delivers a check or other
 7    order upon a real or fictitious depository for the payment of
 8    money, knowing that it will not be paid  by  the  depository.
 9    Failure   to   have  sufficient  funds  or  credit  with  the
10    depository when  the  check  or  other  order  is  issued  or
11    delivered, or when such check or other order is presented for
12    payment and dishonored on each of 2 occasions at least 7 days
13    apart,  is  prima facie evidence that the offender knows that
14    it will not be paid by the depository, and that  he  has  the
15    intent to defraud.
16        (e)  He  issues or delivers a check or other order upon a
17    real or fictitious depository in an amount exceeding $150  in
18    payment  of  an  amount  owed  on  any credit transaction for
19    property, labor or services, or  in  payment  of  the  entire
20    amount  owed on any credit transaction for property, labor or
21    services, knowing that it will not be paid by the depository,
22    and thereafter fails to provide  funds  or  credit  with  the
23    depository  in  the  face amount of the check or order within
24    seven days of receiving actual notice from the depository  or
25    payee of the dishonor of the check or order.
26        Sentence.
27        A person convicted of deceptive practice under paragraphs
28    (a)  through  (e) of this subsection (B), except as otherwise
29    provided by this Section, is guilty of a Class A misdemeanor.
30        A person convicted of a deceptive practice  in  violation
31    of  paragraph (d) a second or subsequent time shall be guilty
32    of a Class 4 felony.
33        A person convicted of deceptive practices in violation of
34    paragraph (d), when the value of the property so obtained, in
 
SB1713 Engrossed            -3-                LRB9212377JSpc
 1    a single transaction, or in separate transactions within a 90
 2    day period, exceeds $150,  shall  be  guilty  of  a  Class  4
 3    felony.    In   the   case  of  a  prosecution  for  separate
 4    transactions totaling more than $150 within a 90 day  period,
 5    such  separate  transactions  shall  be  alleged  in a single
 6    charge and provided in a single prosecution.
 7        (C)  Deception on a Bank or Other Financial Institution
 8    False Statements
 9        1)  Any person who, with the intent to defraud, makes  or
10    causes to be made, any false statement in writing in order to
11    obtain an account with a bank or other financial institution,
12    or   to   obtain  credit  from  a  bank  or  other  financial
13    institution, knowing such writing to be false, and  with  the
14    intent  that  it  be  relied  upon,  is  guilty  of a Class A
15    misdemeanor.
16        For purposes of this subsection (C),  a  false  statement
17    shall   mean   any  false  statement  representing  identity,
18    address,  or  employment,  or  the   identity,   address   or
19    employment of any person, firm or corporation.
20    Possession of Stolen or Fraudulently Obtained Checks
21        2)  Any  person  who possesses, with the intent to obtain
22    access  to  funds  of  another  person  held  in  a  real  or
23    fictitious deposit account at a financial institution,  makes
24    a  false  statement  or  a misrepresentation to the financial
25    institution, or possesses, transfers, negotiates, or presents
26    for payment a check, draft, or other item purported to direct
27    the financial institution to withdraw or pay funds out of the
28    account holder's deposit account  with  knowledge  that  such
29    possession,  transfer,  negotiation,  or  presentment  is not
30    authorized by the account holder  or  the  issuing  financial
31    institution  is  guilty  of  a  Class A misdemeanor. A person
32    shall be deemed to have been authorized to possess, transfer,
33    negotiate, or present for payment such item if the person was
34    otherwise entitled by law to withdraw or recover  funds  from
 
SB1713 Engrossed            -4-                LRB9212377JSpc
 1    the account in question and followed the requisite procedures
 2    under  the  law.  In  the event that the account holder, upon
 3    discovery of the  withdrawal  or  payment,  claims  that  the
 4    withdrawal  or  payment  was  not  authorized,  the financial
 5    institution may require  the  account  holder  to  submit  an
 6    affidavit  to  that  effect  on  a  form  satisfactory to the
 7    financial institution before the financial institution may be
 8    required to credit the account in  an  amount  equal  to  the
 9    amount  or  amounts  that  were  withdrawn  or  paid  without
10    authorization.  Any  person who possesses, with the intent to
11    defraud, any check or order for the payment of money, upon  a
12    real  or  fictitious  account,  without  the  consent  of the
13    account holder, or  the  issuing  financial  institution,  is
14    guilty of a Class A misdemeanor.
15        Any person who, within any 12 month period, violates this
16    Section  with  respect  to 3 or more checks or orders for the
17    payment of money at the same time or consecutively, each  the
18    property   of   a   different  account  holder  or  financial
19    institution, is guilty of a Class 4 felony.
20        3)  Possession of Implements of Check Fraud.  Any  person
21    who  possesses,  with  the intent to defraud, and without the
22    authority of the account holder or financial institution  any
23    check imprinter, signature imprinter, or "certified" stamp is
24    guilty of a Class A misdemeanor.
25        A  person  who  within  any 12 month period violates this
26    subsection (C) as to possession of 3 or more such devices  at
27    the  same  time  or  consecutively,  is  guilty  of a Class 4
28    felony.
29    Possession of Identification Card
30        4)  Any person, who with the intent to defraud, possesses
31    any check guarantee card or key card or  identification  card
32    for  cash  dispensing  machines  without the authority of the
33    account holder or financial institution, is guilty of a Class
34    A misdemeanor.
 
SB1713 Engrossed            -5-                LRB9212377JSpc
 1        A person who, within any 12 month period,  violates  this
 2    Section  at  the same time or consecutively with respect to 3
 3    or  more  cards,  each  the  property  of  different  account
 4    holders, is guilty of a class 4 felony.
 5        A person convicted under this Section, when the value  of
 6    property so obtained, in a single transaction, or in separate
 7    transactions  within any 90 day period, exceeds $150 shall be
 8    guilty of a Class 4 felony.
 9    (Source: P.A. 84-897.)

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