[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
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.
[ Top ]