| ||||
| Public Act 096-1026 | ||||
| ||||
| ||||
AN ACT concerning business.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Home Repair Fraud Act is amended by changing | ||||
Section 5 as follows:
| ||||
(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
| ||||
Sec. 5. Aggravated Home Repair Fraud. A person commits the | ||||
offense
of aggravated home repair fraud when he commits home | ||||
repair fraud: | ||||
(i) against a
person 60 years of age or older or a | ||||
disabled person as defined in Section
16-1.3 of the | ||||
Criminal Code of 1961; or | ||||
(ii) in connection with a home repair project intended | ||||
to assist a disabled person.
| ||||
(a) Aggravated violation of paragraphs (1) or (2) of | ||||
subsection (a) of
Section 3 of this Act shall be a Class 2 | ||||
felony when the amount of
the
contract or agreement is more | ||||
than $500, a Class 3 4
felony when the amount
of the contract | ||||
or agreement is $500 or less, and a Class 2
3 felony for a
| ||||
second or subsequent offense when the amount of the contract or | ||||
agreement
is $500 or less. If 2 or more contracts or agreements | ||||
for home
repair
exceed an aggregate amount of $500 or more and | ||||
such contracts or
agreements are entered into with the same | ||||
victim by one or more of the
defendants as part of or in | ||
furtherance of a common fraudulent scheme,
design or intention, | ||
the violation shall be a Class 2 felony.
| ||
(b) Aggravated violation of paragraph (3) of subsection (a) | ||
of Section 3
of this Act shall be a Class 2 felony when the | ||
amount of the contract
or
agreement is more than $5,000 and a | ||
Class 3 felony
when the amount of the
contract or agreement is | ||
$5,000 or less.
| ||
(c) Aggravated violation of paragraph (4) of subsection (a) | ||
of
Section 3 of this Act shall be a Class 3 felony when the | ||
amount of
the
contract or agreement is more than $500, a Class | ||
4
felony when the amount
of the contract or agreement is $500 | ||
or less and a Class
3 felony for a
second or subsequent offense | ||
when the amount of the contract or agreement
is $500 or less.
| ||
(d) Aggravated violation of paragraphs (1) or (2) of | ||
subsection (b) of
Section 3 of this Act shall be a Class 3 | ||
felony.
| ||
(e) If a person commits aggravated home repair fraud, then | ||
any State or
local license or permit held by that person that | ||
relates to the business of
home repair may be appropriately | ||
suspended or revoked by the issuing authority,
commensurate | ||
with the severity of the offense.
| ||
(f) A defense to aggravated home repair fraud does not | ||
exist merely
because
the accused reasonably believed the victim | ||
to be a person less than 60 years
of age.
| ||
(Source: P.A. 93-542, eff. 1-1-04.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||