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Public Act 097-0147 | ||||
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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 | ||||
Section 16H-60 as follows:
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(720 ILCS 5/16H-60)
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Sec. 16H-60. Sentence.
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(a) A financial crime, the full value of which does not | ||||
exceed $500, is
a Class A misdemeanor.
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(b) A person who has been convicted of a financial crime, | ||||
the full
value of which does not exceed $500, and who has been | ||||
previously
convicted of a financial crime or any type of theft, | ||||
robbery, armed robbery,
burglary, residential burglary, | ||||
possession of burglary tools, or home
invasion, is guilty of a | ||||
Class 4 felony. When a person has such prior
conviction, the | ||||
information or indictment charging that person shall state
such | ||||
prior conviction so as to give notice of the State's intention | ||||
to treat
the
charge as a felony. The fact of such prior | ||||
conviction is not an element of the
offense and may not be | ||||
disclosed to the jury during trial unless otherwise
permitted | ||||
by issues properly raised during such trial.
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(c) A financial crime, the full value of which exceeds $500 | ||||
but does
not exceed $10,000, is a Class 3 felony. When a charge |
of financial crime,
the full value of which exceeds $500 but | ||
does not exceed $10,000, is
brought, the value of the financial | ||
crime involved is an element of the
offense to be resolved by | ||
the trier of fact as either exceeding or not
exceeding $500.
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(d) A financial crime, the full value of which exceeds | ||
$10,000 but
does not exceed $100,000, is a Class 2 felony. When | ||
a charge of financial
crime, the full value of which exceeds | ||
$10,000 but does not exceed
$100,000, is brought, the value of | ||
the financial crime involved is an element
of the offense to be | ||
resolved by the trier of fact as either exceeding or not
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exceeding $10,000.
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(e) A financial crime, the full value of which exceeds | ||
$100,000 but does not exceed $500,000 , is a Class
1 felony.
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When a charge of financial crime, the full value of which | ||
exceeds $100,000 but does not exceed $500,000 ,
is brought, the | ||
value of the financial crime involved is an element of the
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offense to be resolved by the trier of fact as either exceeding | ||
or not
exceeding $100,000.
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(f) A financial crime which is a financial institution | ||
robbery is a
Class 1 felony.
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(g) A financial crime which is a continuing financial | ||
crimes
enterprise is a Class 1 felony.
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(h) A financial crime which is the offense of being an | ||
organizer of a
continuing financial crimes enterprise is a | ||
Class X felony.
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(i) (Blank).
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(j) A financial crime, the full value of which exceeds | ||
$500,000 but does not exceed $1,000,000, is a Class 1 | ||
non-probationable felony. When a charge of financial crime, the | ||
full value of which exceeds $500,000 but does not exceed | ||
$1,000,000, is brought, the value of the financial crime | ||
involved is an element of the offense to be resolved by the | ||
trier of fact as either exceeding or not exceeding $500,000. | ||
(k) A financial crime, the full value of which exceeds | ||
$1,000,000, is a Class X felony. When a charge of financial | ||
crime, the full value of which exceeds $1,000,000, is brought, | ||
the value of the financial crime involved is an element of the | ||
offense to be resolved by the trier of fact as either exceeding | ||
or not exceeding $1,000,000. | ||
(Source: P.A. 96-534, eff. 8-14-09; 96-1301, eff. 1-1-11.)
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