Public Act 094-0486
 		





SB1491 Enrolled
LRB094 10917 RLC 41807 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 changing 
Section 17-6 as follows:
 



    (720 ILCS 5/17-6)  (from Ch. 38, par. 17-6)



    Sec. 17-6. State Benefits Fraud. (a) Any person who obtains 
or attempts
to obtain money or benefits from the State of 
Illinois, from any political
subdivision thereof, or from any 
program funded or administered in whole
or in part by the State 
of Illinois or any political subdivision thereof
through the 
knowing use of false identification documents or through the

knowing misrepresentation of his age, place of residence, 
number of dependents,
marital or family status, employment 
status, financial status, or any other
material fact upon which 
his eligibility for or degree of participation
in any benefit 
program might be based, is guilty of State benefits fraud.

    (b) Notwithstanding any provision of State law to the 
contrary, every
application or other document submitted to an 
agency or department of the
State of Illinois or any political 
subdivision thereof to establish or determine
eligibility for 
money or benefits from the State of Illinois or from any

political subdivision thereof, or from any program funded or 
administered
in whole or in part by the State of Illinois or 
any political subdivision
thereof, shall be made available upon 
request to any law enforcement agency
for use in the 
investigation or prosecution of State benefits fraud or for
use 
in the investigation or prosecution of any other crime arising 
out of
the same transaction or occurrence.  Except as otherwise 
permitted by law,
information disclosed pursuant to this 
subsection shall be used and disclosed
only for the purposes 
provided herein.  The provisions of this Section shall
be 
operative only to the extent that they do not conflict with any 
federal
law or regulation governing federal grants to this 
State.

    (c) Any employee of the State of Illinois or any agency or 
political subdivision
thereof may seize as evidence any false 
or fraudulent document presented
to him in connection with an 
application for or receipt of money or benefits
from the State 
of Illinois, from any political subdivision thereof, or from

any program funded or administered in whole or in part by the 
State of Illinois
or any political subdivision thereof.

    (d) (1) State benefits fraud is a Class 4 felony except 
when more than $300
is obtained, in which case State benefits 
fraud is a Class 3 felony.
    (2) State benefits fraud is a Class 3 felony when $300 or 
less is obtained and a Class 2 felony when more than $300 is 
obtained if a person knowingly misrepresents oneself as a 
veteran or as a dependent of a veteran with the intent of 
obtaining benefits or privileges provided by the State or its 
political subdivisions to veterans or their dependents.  For the 
purposes of this paragraph (2), benefits and privileges 
include, but are not limited to, those benefits and privileges 
available under the Veterans' Employment Act, the Viet Nam 
Veterans Compensation Act,  the Prisoner of War Bonus Act,  the 
War Bonus Extension Act,  the Military Veterans Assistance Act,  
the Veterans' Employment Representative Act,  the Veterans 
Preference Act,  the Service Member's Employment Tenure Act,  the 
Disabled Veterans Housing Act,  the Under Age Veterans Benefits 
Act,  the Survivors Compensation Act,  the Children of Deceased 
Veterans Act,  the Veterans Burial Places Act,  the Higher 
Education Student Assistance Act,  or any other loans, 
assistance in employment, monetary payments, or tax exemptions 
offered by the State or its political subdivisions for veterans 
or their dependents.


(Source: P.A. 82-999.)