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91_SB0731
LRB9100329RCpc
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 17B-0.05 and re-enacting the heading of Article 17B
3 and Sections 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25,
4 and 17B-30.
5 Be it enacted by the People of the State of Illinois,
6 represented in the General Assembly:
7 Section 5. The Criminal Code of 1961 is amended by
8 adding Section 17B-0.05 and re-enacting the heading of
9 Article 17B and Sections 17B-1, 17B-5, 17B-10, 17B-15,
10 17B-20, 17B-25, and 17B-30 as follows:
11 (720 ILCS 5/Art. 17B heading)
12 ARTICLE 17B. WIC FRAUD
13 (720 ILCS 5/17B-0.05 new)
14 Sec. 17B-0.05. Re-enactment; findings; purposes.
15 (a) The General Assembly finds and declares that:
16 (1) Section 50-5 of Public Act 88-680, effective
17 January 1, 1995, contained provisions adding the WIC
18 Fraud Article to the Criminal Code of 1961. Section 50-5
19 also contained other provisions.
20 (2) In addition, Public Act 88-680 was entitled "An
21 Act to create a Safe Neighborhoods Law". (i) Article 5
22 was entitled JUVENILE JUSTICE and amended the Juvenile
23 Court Act of 1987. (ii) Article 15 was entitled GANGS
24 and amended various provisions of the Criminal Code of
25 1961 and the Unified Code of Corrections. (iii) Article
26 20 was entitled ALCOHOL ABUSE and amended various
27 provisions of the Illinois Vehicle Code. (iv) Article 25
28 was entitled DRUG ABUSE and amended the Cannabis Control
29 Act and the Illinois Controlled Substances Act. (v)
30 Article 30 was entitled FIREARMS and amended the Criminal
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1 Code of 1961 and the Code of Criminal Procedure of 1963.
2 (vi) Article 35 amended the Criminal Code of 1961, the
3 Rights of Crime Victims and Witnesses Act, and the
4 Unified Code of Corrections. (vii) Article 40 amended
5 the Criminal Code of 1961 to increase the penalty for
6 compelling organization membership of persons. (viii)
7 Article 45 created the Secure Residential Youth Care
8 Facility Licensing Act and amended the State Finance Act,
9 the Juvenile Court Act of 1987, the Unified Code of
10 Corrections, and the Private Correctional Facility
11 Moratorium Act. (ix) Article 50 amended the WIC Vendor
12 Management Act, the Firearm Owners Identification Card
13 Act, the Juvenile Court Act of 1987, the Criminal Code of
14 1961, the Wrongs to Children Act, and the Unified Code of
15 Corrections.
16 (3) On September 22, 1998, the Third District
17 Appellate Court in People v. Dainty, 701 N.E. 2d 118,
18 ruled that Public Act 88-680 violates the single subject
19 clause of the Illinois Constitution (Article IV, Section
20 8 (d)) and was unconstitutional in its entirety. As of
21 the time this amendatory Act of 1999 was prepared, People
22 v. Dainty was still subject to appeal.
23 (4) WIC fraud is a vital concern to the people of
24 this State and the validity of future prosecutions under
25 the WIC fraud provisions of the Criminal Code of 1961 is
26 in grave doubt.
27 (b) It is the purpose of this amendatory Act of 1999 to
28 prevent or minimize any problems relating to prosecutions for
29 WIC fraud that may result from challenges to the
30 constitutional validity of Public Act 88-680 by re-enacting
31 the Sections relating to WIC fraud that were included in
32 Public Act 88-680.
33 (c) This amendatory Act of 1999 re-enacts Article 17B of
34 the Criminal Code of 1961, as it has been amended. This
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1 re-enactment is intended to remove any question as to the
2 validity or content of that Article; it is not intended to
3 supersede any other Public Act that amends the text of a
4 Section as set forth in this amendatory Act of 1999. Except
5 for a grammatical correction in Section 17B-10 and a
6 correction of the Section number to Section 17B-30, the
7 material is shown as existing text (i.e., without
8 underscoring) because, as of the time this amendatory Act of
9 1999 was prepared, People v. Dainty was subject to appeal to
10 the Illinois Supreme Court.
11 (d) The re-enactment by this amendatory Act of 1999 of
12 certain Sections relating to WIC fraud that were enacted by
13 Public Act 88-680 is not intended, and shall not be
14 construed, to imply that Public Act 88-680 is invalid or to
15 limit or impair any legal argument concerning whether those
16 provisions were substantially re-enacted by other Public
17 Acts.
18 (720 ILCS 5/17B-1)
19 Sec. 17B-1. Legislative Intent. Because of the
20 pervasive nature of fraud in the Special Supplemental Food
21 Program for Women, Infants and Children (known as WIC) and
22 the negative effect of that fraud on the People of the State
23 of Illinois and those individuals who need WIC benefits, the
24 General Assembly declares it to be public policy that Special
25 Supplemental Food Program for Women, Infants and Children
26 (WIC) Benefits Fraud be identified and dealt with swiftly and
27 appropriately considering the onerous nature of the crime.
28 (Source: P.A. 88-680, eff. 1-1-95.)
29 (720 ILCS 5/17B-5)
30 Sec. 17B-5. Violations. A person who knowingly (i)
31 uses, acquires, possesses, or transfers Illinois Department
32 of Public Health or Department of Human Services Special
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1 Supplemental Food Program for Women, Infants and Children
2 (WIC) Food Instruments or authorizations to participate in
3 the Illinois Department of Public Health or Department of
4 Human Services Special Supplemental Food Program for Women,
5 Infants and Children (WIC) in any manner not authorized by
6 law or the rules of the Illinois Department of Public Health
7 or Department of Human Services or (ii) alters, uses,
8 acquires, possesses, or transfers altered Illinois Department
9 of Public Health or Department of Human Services Special
10 Supplemental Food Program for Women, Infants and Children
11 (WIC) Food Instruments or authorizations to participate in
12 the Illinois Department of Public Health or Department of
13 Human Services Special Supplemental Food Program for Women,
14 Infants and Children (WIC) is guilty of a violation of this
15 Article and shall be punished as provided in Section 17B-20.
16 (Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
17 (720 ILCS 5/17B-10)
18 Sec. 17B-10. Administrative malfeasance.
19 (a) A person who misappropriates, misuses, or unlawfully
20 withholds or converts to his or her own use or to the use of
21 another any public funds made available for the Illinois
22 Department of Public Health or Department of Human Services
23 Special Supplemental Food Program for Women, Infants and
24 Children (WIC) is guilty of a violation of this Article and
25 shall be punished as provided in Section 17B-20.
26 (b) An official or employee of a State, county, or unit
27 of local government who willfully facilitates, aids, abets,
28 assists, or knowingly participates in a known violation of
29 Section 17B-5, 17B-10, or 17B-15 is subject to disciplinary
30 proceedings under the rules of the applicable Illinois
31 Department or unit of local government.
32 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
33 89-377, eff. 8-18-95; 89-507, eff. 7-1-97; revised 10-31-98.)
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1 (720 ILCS 5/17B-15)
2 Sec. 17B-15. Unauthorized possession of identification
3 document. Any person who possesses for an unlawful purpose
4 another person's identification document issued by the
5 Illinois Department of Public Health or Department of Human
6 Services is guilty of a Class 4 felony. For purposes of this
7 Section, "identification document" includes, but is not
8 limited to, an authorization to participate in the Illinois
9 Department of Public Health or Department of Human Services
10 Special Supplemental Food Program for Women, Infants and
11 Children (WIC) or a card or other document that identifies a
12 person as being entitled to benefits in the Illinois
13 Department of Public Health or Department of Human Services
14 Special Supplemental Food Program for Women, Infants and
15 Children (WIC).
16 (Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
17 (720 ILCS 5/17B-20)
18 Sec. 17B-20. Penalties.
19 (a) If a person, firm, corporation, association, agency,
20 institution, or other legal entity is found by a court to
21 have engaged in an act, practice, or course of conduct
22 declared unlawful under Sections 17B-5 or 17B-15 of this
23 Article and:
24 (1) the total amount of money involved in the
25 violation, including the monetary value of the Illinois
26 Department of Public Health or Department of Human
27 Services Special Supplemental Food Program for Women,
28 Infants and Children (WIC) Food Instruments and the value
29 of commodities, is less than $150, the violation is a
30 Class A misdemeanor;
31 (2) the total amount of money involved in the
32 violation, including the monetary value of the Illinois
33 Department of Public Health or Department of Human
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1 Services Special Supplemental Food Program for Women,
2 Infants and Children (WIC) Food Instruments and the value
3 of commodities, is $150 or more but less than $1,000, the
4 violation is a Class 4 felony;
5 (3) the total amount of money involved in the
6 violation, including the monetary value of the Illinois
7 Department of Public Health or Department of Human
8 Services Special Supplemental Food Program for Women,
9 Infants and Children (WIC) Food Instruments and the value
10 of commodities, is $1,000 or more but less than $5,000,
11 the violation is a Class 3 felony;
12 (4) the total amount of money involved in the
13 violation, including the monetary value of the Illinois
14 Department of Public Health or Department of Human
15 Services Special Supplemental Food Program for Women,
16 Infants and Children (WIC) Food Instruments and the value
17 of commodities is $5,000 or more but less than $10,000,
18 the violation is a Class 2 felony; or
19 (5) the total amount of money involved in the
20 violation, including the monetary value of Illinois
21 Department of Public Health or Department of Human
22 Services Special Supplemental Food Program for Women,
23 Infants and Children (WIC) Food Instruments and the value
24 of commodities is $10,000 or more, the violation is a
25 Class 1 felony and the defendant shall be permanently
26 ineligible to participate in the Illinois Department of
27 Public Health or Department of Human Services Special
28 Supplemental Food Program for Women, Infants and Children
29 (WIC).
30 The State's Attorney of the County in which the violation
31 of this Article occurred or the Attorney General shall bring
32 actions arising under this Article in the name of the people
33 of the State of Illinois.
34 (b) If a person, firm, corporation, association, agency,
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1 institution, or other legal entity commits a second or
2 subsequent violation of this Article and:
3 (1) the total amount of money involved in the
4 violation, including the monetary value of the Illinois
5 Department of Public Health or Department of Human
6 Services Special Supplemental Food Program for Women,
7 Infants and Children (WIC) Food Instruments and the value
8 of commodities, is less than $150, the violation is a
9 Class 4 felony;
10 (2) the total amount of money involved in the
11 violation, including the monetary value of the Illinois
12 Department of Public Health or Department of Human
13 Services Special Supplemental Food Program for Women,
14 Infants and Children (WIC) Food Instruments and the value
15 of commodities, is $150 or more but less than $1,000, the
16 violation is a Class 3 felony;
17 (3) the total amount of money involved in the
18 violation, including the monetary value of the Illinois
19 Department of Public Health or Department of Human
20 Services Special Supplemental Food Program for Women,
21 Infants and Children (WIC) Food Instruments and the value
22 of commodities, is $1,000 or more but less than $5,000,
23 the violation is a Class 2 felony; or
24 (4) the total amount of money involved in the
25 violation, including the monetary value of the Illinois
26 Department of Public Health or Department of Human
27 Services Special Supplemental Food Program for Women,
28 Infants and Children (WIC) Food Instruments and the value
29 of commodities, is $5,000 or more but less than $10,000,
30 the violation is a Class 1 felony.
31 (c) For purposes of determining the classification of
32 offense under this Section, all of the money received as a
33 result of the unlawful act, practice, or course of conduct,
34 including the value of any WIC Food Instruments, shall be
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1 aggregated.
2 (Source: P.A. 88-680, eff. 1-1-95; 89-8, eff. 3-21-95;
3 89-507, eff. 7-1-97.)
4 (720 ILCS 5/17B-25)
5 Sec. 17B-25. Forfeiture.
6 (a) A person who commits a felony violation of this
7 Article shall forfeit, according to this Section, (i) any
8 moneys, profits, or proceeds the person acquired, in whole or
9 in part, as a result of committing the violation and (ii) any
10 property or interest in property that the sentencing court
11 determines the person acquired, in whole or in part, as a
12 result of committing the violation or the person maintained
13 or used, in whole or in part, to facilitate, directly or
14 indirectly, the commission of the violation. The person shall
15 forfeit any interest in, securities of claim against, or
16 contractual right of any kind that affords the person a
17 source of influence over, any enterprise that the person has
18 established, operated, controlled, conducted, or participated
19 in conducting, if the person's relationship to or connection
20 with the interest, security of claim, or contractual right,
21 directly or indirectly, in whole or in part, is traceable to
22 any thing or benefit that the person has obtained or acquired
23 as a result of a felony violation of this Article.
24 (b) The following items are subject to forfeiture:
25 (1) All moneys, things of value, books, records,
26 and research products and materials that are used or
27 intended to be used in committing a felony violation of
28 this Article.
29 (2) Everything of value furnished, or intended to
30 be furnished, in exchange for a substance in violation of
31 this Article, all proceeds traceable to that exchange,
32 and all moneys, negotiable instruments, and securities
33 used or intended to be used to commit or in any manner to
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1 facilitate the commission of a felony violation of this
2 Article.
3 (3) All real property, including any right, title,
4 and interest (including, but not limited to, any
5 leasehold interest or the beneficial interest in a land
6 trust) in the whole of any lot or tract of land and any
7 appurtenances or improvements, that is used or intended
8 to be used, in any manner or part, to commit or in any
9 manner to facilitate the commission of a felony violation
10 of this Article or that is the proceeds of any act that
11 constitutes a felony violation of this Article.
12 (c) Property subject to forfeiture under this Article
13 may be seized by the Director of State Police or any local
14 law enforcement agency upon process or seizure warrant issued
15 by any court having jurisdiction over the property. The
16 Director or a local law enforcement agency may seize property
17 under this Section without process under any of the following
18 circumstances:
19 (1) If the seizure is incident to inspection under
20 an administrative inspection warrant.
21 (2) If the property subject to seizure has been the
22 subject of a prior judgment in favor of the State in a
23 criminal proceeding or in an injunction or forfeiture
24 proceeding under this Article.
25 (3) If there is probable cause to believe that the
26 property is directly or indirectly dangerous to health or
27 safety.
28 (4) If there is probable cause to believe that the
29 property is subject to forfeiture under this Article and
30 the property is seized under circumstances in which a
31 warrantless seizure or arrest would be reasonable.
32 (5) In accordance with the Code of Criminal
33 Procedure of 1963.
34 (d) Proceedings instituted pursuant to this Section
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1 shall be subject to and conducted in accordance with the
2 procedures set forth in this subsection.
3 The sentencing court, on petition by the Attorney General
4 or State's Attorney at any time following sentencing of the
5 defendant, shall conduct a hearing to determine whether any
6 property or property interest of the defendant is subject to
7 forfeiture under this Section. At the forfeiture hearing the
8 People have the burden of establishing, by a preponderance of
9 the evidence, that the property or property interest is
10 subject to forfeiture.
11 In an action brought by the People of the State of
12 Illinois under this Section, in which a restraining order,
13 injunction, prohibition, or other action in connection with
14 any property or interest subject to forfeiture under this
15 Section is sought, the circuit court presiding over the trial
16 of the person charged with a felony violation of this Article
17 shall first determine whether there is probable cause to
18 believe that the person so charged has committed an offense
19 under this Article and whether the property or interest is
20 subject to forfeiture under this Section. To make that
21 determination, before entering an order in connection with
22 that property or interest, the court shall conduct a hearing
23 without a jury, at which the People must establish that there
24 is (i) probable cause that the person charged committed a
25 felony offense under this Article and (ii) probable cause
26 that property or interest may be subject to forfeiture under
27 this Section. The hearing may be conducted simultaneously
28 with a preliminary hearing, if the prosecution is commenced
29 by information or complaint, or by motion of the People at
30 any stage in the proceedings. The court may accept, at a
31 preliminary hearing, (i) the filing of an information
32 charging that the defendant committed a felony offense under
33 this Article (ii) the return of an indictment by a grand jury
34 charging that the defendant committed a felony offense under
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1 this Article as sufficient evidence of probable cause that
2 the person committed the offense.
3 Upon making finding of probable cause, the circuit court
4 shall enter a restraining order, injunction, or prohibition
5 or shall take other action in connection with the property or
6 other interest subject to forfeiture under this Article as is
7 necessary to insure that the property is not removed from the
8 jurisdiction of the court, concealed, destroyed, or otherwise
9 disposed of by the owner of that property or interest before
10 a forfeiture hearing under this subsection. The Attorney
11 General or State's Attorney shall file a certified copy of
12 the restraining order, injunction, or other prohibition with
13 the recorder or registrar of titles of each county in which
14 the property may be located. No injunction, restraining
15 order, or other prohibition issued under this Section shall
16 affect the rights of any bonafide purchaser, mortgagee,
17 judgment creditor, or other lien holder that arose before the
18 date the certified copy is filed.
19 The court may at any time, on verified petition by the
20 defendant, conduct a hearing to determine whether all or any
21 portion of the property or interest, which the court
22 previously determined to be subject to forfeiture or subject
23 to any restraining order, injunction, prohibition, or other
24 action, should be released. The court may in its discretion
25 release the property to the defendant for good cause shown.
26 Upon conviction of a person for a felony violation of
27 this Article, the court shall authorize the Director or State
28 Police to seize any property or other interest declared
29 forfeited under this Section on terms and conditions the
30 court deems proper.
31 (e) Property taken or detained under this Section shall
32 not be subject to replevin, but is deemed to be in the
33 custody of the Director subject only to the order and
34 judgments of the circuit court having jurisdiction over the
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1 forfeiture proceedings and the decisions of the Attorney
2 General or State's Attorney under this Article. When
3 property is seized under this Article, the seizing agency
4 shall promptly conduct an inventory of the seized property
5 and estimate the property's value and shall forward a copy of
6 the estimate of the property's value to the Director of State
7 Police. Upon receiving the notice of seizure, the Director
8 may do any of the following:
9 (1) Place the property under seal.
10 (2) Remove the property to a place designated by
11 the Director.
12 (3) Keep the property in the possession of the
13 seizing agency.
14 (4) Remove the property to a storage area for
15 safekeeping or, if the property is a negotiable
16 instrument or money and is not needed for evidentiary
17 purposes, deposit it in an interest bearing account.
18 (5) Place the property under constructive seizure
19 by posting notice of the pending forfeiture on it, by
20 giving notice of the pending forfeiture to its owners and
21 interest holders, or by filing a notice of the pending
22 forfeiture in any appropriate public record relating to
23 the property.
24 (6) Provide for another agency or custodian,
25 including an owner, secured party, or lienholder, to take
26 custody of the property on terms and conditions set by
27 the Director.
28 (f) When property is forfeited under this Article the
29 Director of State Police shall sell the property unless the
30 property is required by law to be destroyed or is harmful to
31 the public. The Director shall distribute the proceeds of
32 the sale, together with any moneys forfeited or seized, in
33 accordance with subsection (g). On the application of the
34 seizing agency or prosecutor who was responsible for the
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1 investigation, arrest, and prosecution that lead to the
2 forfeiture, however, the Director may return any item of
3 forfeited property to the seizing agency or prosecutor for
4 official use in the enforcement of laws relating to this
5 Article if the agency or prosecutor can demonstrate that the
6 item requested would be useful to the agency or prosecutor in
7 their enforcement efforts. When any real property returned
8 to the seizing agency is sold by the agency or its unit of
9 government, the proceeds of the sale shall be delivered to
10 the Director and distributed in accordance with subsection
11 (g).
12 (g) Except as provided in subsection (f), all moneys
13 from penalties and the proceeds of sale of all property
14 forfeited and seized under this Article shall be distributed
15 to the WIC program administered by the Illinois Department of
16 Human Services.
17 (Source: P.A. 88-680, eff. 1-1-95; 89-507, eff. 7-1-97.)
18 (720 ILCS 5/17B-30)
19 Sec. 17B-30. 30. Future participation in the WIC
20 program. A person who has been convicted of a felony
21 violation of this Article shall be prohibited from
22 participating as a WIC vendor for a minimum period of 3 years
23 following conviction and until the total amount of money
24 involved in the violation, including the value of WIC Food
25 Instruments, is repaid to the WIC program. This prohibition
26 shall extend to any person with management responsibility in
27 a firm, corporation, association, agency, institution, or
28 other legal entity that has been convicted of a violation of
29 this Article and to an officer or person owning, directly or
30 indirectly, 5% or more of the shares of stock or other
31 evidences of ownership in a corporate vendor.
32 (Source: P.A. 88-680, eff. 1-1-95.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.