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91_HB1099eng HB1099 Engrossed LRB9101087RCks 1 AN ACT to amend the Criminal Code of 1961 by adding 2 Section 17-23. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Section 17-23 as follows: 7 (720 ILCS 5/17-23 new) 8 Sec. 17-23. Fraudulent schemes and artifices. 9 (a) Fraud by wire, radio, or television. 10 (1) A person commits wire fraud when he or she: 11 (A) devises or intends to devise a scheme or 12 artifice to defraud or to obtain money or property 13 by means of false pretenses, representations, or 14 promises; and 15 (B) (i) transmits or causes to be transmitted 16 from within this State; or 17 (ii) transmits or causes to be 18 transmitted so that it is received by a person 19 within this State; or 20 (iii) transmits or causes to be 21 transmitted so that it is reasonably 22 foreseeable that it will be accessed by a 23 person within this State: 24 any writings, signals, pictures, sounds, or electronic or 25 electric impulses by means of wire, radio, or television 26 communications for the purpose of executing the scheme or 27 artifice. 28 (2) A scheme or artifice to defraud using 29 electronic transmissions is deemed to occur in the county 30 from which a transmission is sent, if the transmission is 31 sent from within this State, the county in which a person HB1099 Engrossed -2- LRB9101087RCks 1 within this State receives the transmission, and the 2 county in which a person who is within this State is 3 located when the person accesses a transmission. 4 (3) Wire fraud is a Class 3 felony. 5 (b) Mail fraud. 6 (1) A person commits mail fraud when he or she: 7 (A) devises or intends to devise any scheme or 8 artifice to defraud or to obtain money or property 9 by means of false or fraudulent pretenses, 10 representations or promises, or to sell, dispose of, 11 loan, exchange, alter, give away, distribute, 12 supply, or furnish or procure for unlawful use any 13 counterfeit obligation, security, or other article, 14 or anything represented to be or intimidated or held 15 out to be such counterfeit or spurious article; and 16 (B) for the purpose of executing such scheme 17 or artifice or attempting so to do, places in any 18 post office or authorized depository for mail matter 19 within this State, any matter or thing whatever to 20 be delivered by the Postal Service, or deposits or 21 causes to be deposited in this State by mail or by 22 private or commercial carrier according to the 23 direction on the matter or thing, or at the place at 24 which it is directed to be delivered by the person 25 to whom it is addressed, any such matter or thing. 26 (2) A scheme or artifice to defraud using a 27 government or private carrier is deemed to occur in the 28 county in which mail or other matter is deposited with 29 the Postal Service or a private commercial carrier for 30 delivery, if deposited with the Postal Service or a 31 private or commercial carrier within this State and the 32 county in which a person within this State receives the 33 mail or other matter from the Postal Service or a private 34 or commercial carrier. HB1099 Engrossed -3- LRB9101087RCks 1 (3) Mail fraud is a Class 3 felony. 2 (c) Financial institution fraud. 3 (1) A person is guilty of financial institution 4 fraud who knowingly executes or attempts to execute a 5 scheme or artifice: 6 (i) to defraud a financial institution; or 7 (ii) to obtain any of the moneys, funds, 8 credits, assets, securities, or other property owned 9 by, or under the custody or control of a financial 10 institution, by means of pretenses, representations, 11 or promises he or she knows to be false. 12 (2) Financial institution fraud is a Class 3 13 felony. 14 (d) The period of limitations for prosecution of any 15 offense defined in this Section begins at the time when the 16 last act in furtherance of the scheme or artifice is 17 committed. 18 (e) In this Section: 19 (1) "Scheme or artifice to defraud" includes a 20 scheme or artifice to deprive another of the intangible 21 right to honest services. 22 (2) "Financial institution" has the meaning 23 ascribed to it in paragraph (i) of subsection (A) of 24 Section 17-1 of this Code.