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| Public Act 094-0872 |
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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 | ||||
Sections 16H-10 and 17-1 as follows:
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(720 ILCS 5/16H-10)
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Sec. 16H-10. Definitions. In this Article unless the | ||||
context otherwise
requires:
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(a) "Financial crime" means an offense described in this | ||||
Article.
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(b) "Financial institution" means any bank, savings bank, | ||||
savings and
loan association, credit union, trust company, | ||||
currency exchange, or a
other depository of money, or
medium of | ||||
savings and collective investment.
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(Source: P.A. 93-440, eff. 8-5-03.)
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(720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
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Sec. 17-1. Deceptive practices.
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(A) Definitions.
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As used in this Section:
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(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.
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(ii) An "account holder" is any person, having a | ||||
checking
account or savings account in a financial | ||||
institution.
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(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.
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(B) General Deception.
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A person commits a deceptive practice when,
with intent to | ||
defraud, the person does any of the following:
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(a) He or she causes another, by deception or threat,
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to execute
a document disposing of property or a document | ||
by which a pecuniary obligation
is incurred. , or
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(b) Being an officer, manager or other person | ||
participating in the
direction of a financial institution, | ||
he or she knowingly receives or
permits the receipt of a | ||
deposit or other investment, knowing that the
institution | ||
is insolvent. , or
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(c) He or she 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
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(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 or she issues or delivers a check or
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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 or she has the intent to defraud. In this
paragraph (d), | ||
"property" includes rental property (real or personal).
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(e) He or she 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,
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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 7
seven days of receiving actual
notice from | ||
the depository or payee of the dishonor of the check or | ||
order.
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Sentence.
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A person convicted of a deceptive practice under paragraph
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paragraphs (a), (b), (c), (d), or
through (e) of this | ||
subsection
(B), except as otherwise provided by this Section, | ||
is guilty of a Class A
misdemeanor.
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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.
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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
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transactions shall be alleged in a single charge and provided | ||
in a
single prosecution.
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(C) Deception on a Bank or Other Financial Institution.
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(1) False Statements.
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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, | ||
or to obtain services from a currency exchange, knowing such | ||
writing to be false, and with
the intent that it be relied | ||
upon, is guilty of a Class A misdemeanor.
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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.
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(2) Possession of Stolen or Fraudulently Obtained Checks.
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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
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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
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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
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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.
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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.
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(3) Possession of Implements of Check Fraud.
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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.
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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.
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(4) Possession of Identification Card.
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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.
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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.
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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.
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(Source: P.A. 92-633, eff. 1-1-03; 92-646, eff. 1-1-03; revised | ||
10-3-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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