Public Act 094-0126
 		





HB0381 Enrolled
LRB094 06805 RLC 36907 b






    AN ACT concerning criminal law.

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


 
    Section 5. The Criminal Code of 1961 is amended  by adding 
Section 17-29 as follows:
 
    (720 ILCS 5/17-29  new)
    Sec. 17-29. Businesses owned by minorities, females, and 
persons with disabilities;  fraudulent contracts with 
governmental units.
    (a) In this Section:
        "Minority person" means a person who is:
        (1) African 
    American (a person having origins in any

of the black 
    racial groups in Africa);
        (2) Hispanic (a person of Spanish 
    or Portuguese

culture with origins in Mexico, South or 
    Central America, or the Caribbean Islands, regardless of 
    race);
        (3) Asian American (a person having origins in any


    of the original peoples of the Far East, Southeast Asia, 
    the Indian Subcontinent or the Pacific Islands); or
        (4) 
    Native American or Alaskan Native (a person

having origins 
    in any of the original peoples of North America).
        "Female" means a person who is of the female gender.

        "Person with a disability" means a person who is a 
    person qualifying as being disabled.

        "Disabled" means a severe physical or mental 
    disability that:
    (1) results from:
    amputation,
    arthritis,
    
    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    
    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    
    hemiplegia,
    hemophilia,
    respiratory or pulmonary 
    dysfunction,
    mental retardation,
    mental illness,
    multiple 
    sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    
    neurological disorders, including stroke and epilepsy,
    
    paraplegia,
    quadriplegia and other spinal cord conditions,
    
    sickle cell anemia,
    specific learning disabilities, or
    end 
    stage renal failure disease; and
    (2) substantially limits 
    one or more of the person's major life activities.
        "Minority owned business" means a business concern 
    that is at least 51% owned by one or more minority persons, 
    or in the case of a corporation, at least 51% of the stock 
    in which is owned by one or more minority persons; and the 
    management and daily business operations of which are 
    controlled by one or more of the minority individuals who 
    own it.
        "Female owned business" means a business concern that 
    is at least 51% owned by one or more females, or, in the 
    case of a corporation, at least 51% of the stock in which 
    is owned by one or more females; and the management and 
    daily business operations of which are controlled by one or 
    more of the females who own it.
        "Business owned by a person with a disability" means a 
    business concern that is at least 51% owned by one or more 
    persons with a disability and the management and daily 
    business operations of which are controlled by one or more 
    of the persons with disabilities who own it. A 
    not-for-profit agency for persons with disabilities that 
    is exempt from taxation under Section 501 of the Internal 
    Revenue Code of 1986 is also considered a "business owned 
    by a person with a disability".
        "Governmental unit" means the State, a unit of local 
    government, or school district.
    (b) In addition to any other penalties imposed by law or by 
an ordinance or resolution of a unit of local government or 
school district, any individual or entity that knowingly 
obtains, or knowingly assists another to obtain, a contract 
with a governmental unit by falsely representing that the 
individual or entity, or the individual or entity assisted, is 
a minority owned business, female owned business, or business 
owned by a person with a disability is guilty of a Class 2 
felony, regardless of whether the preference for awarding the 
contract to a minority owned business, female owned business, 
or business owned by a person with a disability was established 
by statute or by local ordinance or resolution.
    (c) In addition to any other penalties authorized by law, 
the court shall order that an individual or entity convicted of 
a violation of this Section must pay to the governmental unit 
that awarded the contract a penalty equal to one and one-half 
times the amount of the contract obtained because of the false 
representation.





Effective Date:  1/1/2006