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92nd General Assembly

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Public Act 92-0646

SB1713 Enrolled                                LRB9212377JSpc

    AN ACT in relation to 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
changing Section 17-1 as follows:

    (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
    Sec. 17-1.  Deceptive practices.  (A)  As  used  in  this
Section:
    (i)  A  financial institution means any bank, savings and
loan association, credit union, or other depository of money,
or medium of savings and collective investment.
    (ii)  An account holder is any person, having a  checking
account or savings account in a financial institution.
    (iii)  To  act  with the "intent to defraud" means to act
wilfully, and with the specific intent to deceive  or  cheat,
for  the  purpose of causing financial loss to another, or to
bring some financial gain to oneself.  It is not necessary to
establish that any person was actually defrauded or deceived.
    (B)  General Deception
A person commits a deceptive practice when,  with  intent  to
defraud:
    (a)  He causes another, by deception or threat to execute
a  document  disposing  of  property or a document by which a
pecuniary obligation is incurred, or
    (b)  Being  an   officer,   manager   or   other   person
participating in the direction of a financial institution, he
knowingly  receives  or  permits  the receipt of a deposit or
other investment, knowing that the institution is  insolvent,
or
    (c)  He  knowingly  makes  or  directs  another to make a
false or deceptive statement addressed to the public for  the
purpose of promoting the sale of property or services, or
    (d)  With  intent  to  obtain control over property or to
pay for  property,  labor  or  services  of  another,  or  in
satisfaction  of  an  obligation for payment of tax under the
Retailers' Occupation Tax Act or any other  tax  due  to  the
State  of  Illinois,  he  issues or delivers a check or other
order upon a real or fictitious depository for the payment of
money, knowing that it will not be paid  by  the  depository.
Failure   to   have  sufficient  funds  or  credit  with  the
depository when  the  check  or  other  order  is  issued  or
delivered, or when such check or other order is presented for
payment and dishonored on each of 2 occasions at least 7 days
apart,  is  prima facie evidence that the offender knows that
it will not be paid by the depository, and that  he  has  the
intent to defraud.
    (e)  He  issues or delivers a check or other order upon a
real or fictitious depository in an amount exceeding $150  in
payment  of  an  amount  owed  on  any credit transaction for
property, labor or services, or  in  payment  of  the  entire
amount  owed on any credit transaction for property, labor or
services, knowing that it will not be paid by the depository,
and thereafter fails to provide  funds  or  credit  with  the
depository  in  the  face amount of the check or order within
seven days of receiving actual notice from the depository  or
payee of the dishonor of the check or order.
    Sentence.
    A person convicted of deceptive practice under paragraphs
(a)  through  (e) of this subsection (B), except as otherwise
provided by this Section, is guilty of a Class A misdemeanor.
    A person convicted of a deceptive practice  in  violation
of  paragraph (d) a second or subsequent time shall be guilty
of a Class 4 felony.
    A person convicted of deceptive practices in violation of
paragraph (d), when the value of the property so obtained, in
a single transaction, or in separate transactions within a 90
day period, exceeds $150,  shall  be  guilty  of  a  Class  4
felony.    In   the   case  of  a  prosecution  for  separate
transactions totaling more than $150 within a 90 day  period,
such  separate  transactions  shall  be  alleged  in a single
charge and provided in a single prosecution.
    (C)  Deception on a Bank or Other Financial Institution
False Statements
    1)  Any person who, with the intent to defraud, makes  or
causes to be made, any false statement in writing in order to
obtain an account with a bank or other financial institution,
or   to   obtain  credit  from  a  bank  or  other  financial
institution, knowing such writing to be false, and  with  the
intent  that  it  be  relied  upon,  is  guilty  of a Class A
misdemeanor.
    For purposes of this subsection (C),  a  false  statement
shall   mean   any  false  statement  representing  identity,
address,  or  employment,  or  the   identity,   address   or
employment of any person, firm or corporation.
Possession of Stolen or Fraudulently Obtained Checks
    2)  Any  person  who possesses, with the intent to obtain
access  to  funds  of  another  person  held  in  a  real  or
fictitious deposit account at a financial institution,  makes
a  false  statement  or  a misrepresentation to the financial
institution, or possesses, transfers, negotiates, or presents
for payment a check, draft, or other item purported to direct
the financial institution to withdraw or pay funds out of the
account holder's deposit account  with  knowledge  that  such
possession,  transfer,  negotiation,  or  presentment  is not
authorized by the account holder  or  the  issuing  financial
institution  is  guilty  of  a  Class A misdemeanor. A person
shall be deemed to have been authorized to possess, transfer,
negotiate, or present for payment such item if the person was
otherwise entitled by law to withdraw or recover  funds  from
the account in question and followed the requisite procedures
under  the  law.  In  the event that the account holder, upon
discovery of the  withdrawal  or  payment,  claims  that  the
withdrawal  or  payment  was  not  authorized,  the financial
institution may require  the  account  holder  to  submit  an
affidavit  to  that  effect  on  a  form  satisfactory to the
financial institution before the financial institution may be
required to credit the account in  an  amount  equal  to  the
amount  or  amounts  that  were  withdrawn  or  paid  without
authorization.  Any  person who possesses, with the intent to
defraud, any check or order for the payment of money, upon  a
real  or  fictitious  account,  without  the  consent  of the
account holder, or  the  issuing  financial  institution,  is
guilty of a Class A misdemeanor.
    Any person who, within any 12 month period, violates this
Section  with  respect  to 3 or more checks or orders for the
payment of money at the same time or consecutively, each  the
property   of   a   different  account  holder  or  financial
institution, is guilty of a Class 4 felony.
    3)  Possession of Implements of Check Fraud.  Any  person
who  possesses,  with  the intent to defraud, and without the
authority of the account holder or financial institution  any
check imprinter, signature imprinter, or "certified" stamp is
guilty of a Class A misdemeanor.
    A  person  who  within  any 12 month period violates this
subsection (C) as to possession of 3 or more such devices  at
the  same  time  or  consecutively,  is  guilty  of a Class 4
felony.
Possession of Identification Card
    4)  Any person, who with the intent to defraud, possesses
any check guarantee card or key card or  identification  card
for  cash  dispensing  machines  without the authority of the
account holder or financial institution, is guilty of a Class
A misdemeanor.
    A person who, within any 12 month period,  violates  this
Section  at  the same time or consecutively with respect to 3
or  more  cards,  each  the  property  of  different  account
holders, is guilty of a class 4 felony.
    A person convicted under this Section, when the value  of
property so obtained, in a single transaction, or in separate
transactions  within any 90 day period, exceeds $150 shall be
guilty of a Class 4 felony.
(Source: P.A. 84-897.)
    Passed in the General Assembly April 23, 2002.
    Approved July 11, 2002.
    Effective January 01, 2003.

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