Public Act 096-1432
 
HB5749 EnrolledLRB096 18684 RLC 34068 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 17-1 as follows:
 
    (720 ILCS 5/17-1)  (from Ch. 38, par. 17-1)
    Sec. 17-1. Deceptive practices. 
(A) Definitions.
    As used in this Section:
        (i)
"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, the person does any of the following:
        (a) He or she causes another, by deception or threat,

    to execute
a document disposing of property or a document 
    by which a pecuniary obligation
is incurred.
        (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.
        (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.
        (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

    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).
        (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,

    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 days of receiving actual
notice from the 
    depository or payee of the dishonor of the check or order.
Sentence.
    A person convicted of a deceptive practice under paragraph 
(a), (b), (c), (d), or (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 (a) or (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.
    (1) False Statements.
    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.
    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.
    (2) Possession of Stolen or Fraudulently Obtained Checks.
    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, 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.
    (4) Possession of Identification Card.
    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. 94-872, eff. 6-16-06.)