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Sen. Dan Kotowski
Filed: 5/21/2009
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| AMENDMENT TO SENATE BILL 1013
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| AMENDMENT NO. ______. Amend Senate Bill 1013, AS AMENDED, |
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| by inserting the following in its proper numeric sequence in |
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| Article 1:
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| "Section 1-55. The Criminal Code of 1961 is amended by |
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| changing Section 33E-16 and by adding Section 16-1.4 as |
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| follows:
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| (720 ILCS 5/16-1.4 new) |
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| Sec. 16-1.4. Theft of public funds. |
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| (a) A person commits theft of public funds when he or she: |
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| (1) embezzles, steals, purloins, obtains by fraud, or
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| knowingly converts to his or her use or the use of another,
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| or without authority sells, conveys, or disposes of, any
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| record, voucher, money, or thing of value of the State of
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| Illinois or any department or agency of the State, or of
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| any unit of local government or school district, or any
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| property made or being made under contract for the State of
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| Illinois or any department or agency of the State, or any
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| unit of local government or school district; or |
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| (2) receives, conceals, or retains the record,
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| voucher, money, thing of value, or property described in
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| paragraph (1) with intent to convert it to his or her use
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| or gain, knowing it to have been embezzled, stolen,
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| purloined, obtained by fraud, or converted. |
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| (b)
For the purposes of this Section, "value" means face,
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| par, or market value, or cost price, either wholesale or |
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| retail,
whichever is greater. |
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| (c) Sentence. |
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| (1) Theft of public funds involving property not |
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| exceeding $300 in value is a
Class 4 felony. |
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| (2) Theft of public funds involving property exceeding |
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| $300 and not exceeding
$10,000 in value, is a Class 2 |
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| felony. |
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| (3) Theft of public funds involving property exceeding |
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| $10,000 and not
exceeding $100,000 in value is a Class 1 |
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| felony. |
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| (4) Theft of public funds involving property exceeding |
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| $100,000 and not
exceeding $500,000 in value is a Class X |
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| felony. |
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| (5) Theft of public funds involving property exceeding |
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| $500,000 in value is a
Class 1 non-probationable felony.
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LRB096 07091 WGH 27299 a |
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| (720 ILCS 5/33E-16)
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| Sec. 33E-16. Misapplication of funds. Whoever, being an |
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| officer,
director, agent, or employee of, or affiliated in any |
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| capacity with the State
of Illinois or any agency of the State, |
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| or any unit of
local government or school
district, embezzles, |
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| steals, obtains by fraud, or otherwise without
authority |
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| knowingly converts to the use of any person other than the |
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| rightful
owner or intentionally misapplies, property that is |
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| owned by, or is under the
care, custody, or control of the |
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| State of Illinois or of any agency of the
State, a unit of |
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| local government, or school district , willfully
misapplies any |
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| of the moneys, funds, or credits of the unit of local |
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| government
or school district
is guilty of a Class 3 felony.
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| (Source: P.A. 90-800, eff. 1-1-99.)".
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