Bill Text: IL HB2566 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2566 Detail]
Download: Illinois-2023-HB2566-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 17-1 as follows:
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6 | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) | |||||||||||||||||||
7 | Sec. 17-1. Deceptive practices.
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8 | (A) General deception. | |||||||||||||||||||
9 | A person commits a deceptive practice when,
with intent to | |||||||||||||||||||
10 | defraud, the person does any of the following: | |||||||||||||||||||
11 | (1) He or she knowingly causes another, by deception | |||||||||||||||||||
12 | or threat,
to execute
a document disposing of property or | |||||||||||||||||||
13 | a document by which a pecuniary obligation
is incurred. | |||||||||||||||||||
14 | (2) Being an officer, manager or other person | |||||||||||||||||||
15 | participating in the
direction of a financial institution, | |||||||||||||||||||
16 | he or she knowingly receives or
permits the receipt of a | |||||||||||||||||||
17 | deposit or other investment, knowing that the
institution | |||||||||||||||||||
18 | is insolvent. | |||||||||||||||||||
19 | (3) He or she knowingly makes a false or
deceptive | |||||||||||||||||||
20 | statement addressed to the public for the purpose of | |||||||||||||||||||
21 | promoting
the sale or lease of property or services.
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1 | (B) Bad checks. | ||||||
2 | A person commits a deceptive practice when: | ||||||
3 | (1) With intent to obtain control over property or to | ||||||
4 | pay for
property, labor or services of another, or in | ||||||
5 | satisfaction of an obligation
for payment of tax under the | ||||||
6 | Retailers' Occupation Tax Act or any other tax
due to the | ||||||
7 | State of Illinois, he or she issues or delivers a check or
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8 | other order upon a real or fictitious depository for the | ||||||
9 | payment of money,
knowing that it will not be paid by the | ||||||
10 | depository. The trier of fact may infer that the defendant | ||||||
11 | knows that the check or other order will not be paid by the | ||||||
12 | depository and that the defendant has acted with intent to | ||||||
13 | defraud when the defendant fails to have
sufficient funds | ||||||
14 | or credit with the depository when the check or other | ||||||
15 | order
is issued or delivered, or when such check or other | ||||||
16 | order is presented for
payment and dishonored on each of 2 | ||||||
17 | occasions at least 7 days apart. In this
paragraph (B)(1), | ||||||
18 | "property" includes rental property (real or personal). | ||||||
19 | (2) He or she issues or delivers a check or other order | ||||||
20 | upon a real
or fictitious depository in an amount | ||||||
21 | exceeding $150 in payment of an amount
owed on any credit | ||||||
22 | transaction for property, labor or services, or in
payment | ||||||
23 | of the entire amount owed on any credit transaction for | ||||||
24 | property,
labor or services, knowing that it will not be | ||||||
25 | paid by the depository, and
thereafter fails to provide | ||||||
26 | funds or credit with the depository in the face
amount of |
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1 | the check or order within 7 days of receiving actual
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2 | notice from the depository or payee of the dishonor of the | ||||||
3 | check or order.
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4 | (C) Bank-related fraud. | ||||||
5 | (1) False statement. | ||||||
6 | A person commits false statement bank fraud if he or she, | ||||||
7 | with intent to defraud, makes or causes to be
made any false | ||||||
8 | statement in writing in order to obtain an account with
a bank | ||||||
9 | or other financial institution, or to obtain credit from a | ||||||
10 | bank or
other financial institution, or to obtain services | ||||||
11 | from a currency exchange, knowing such writing to be false, | ||||||
12 | and with
the intent that it be relied upon. | ||||||
13 | For purposes of this subsection (C), a false statement | ||||||
14 | means any false
statement representing identity, address, or | ||||||
15 | employment, or the identity,
address, or employment of any | ||||||
16 | person, firm, or corporation. | ||||||
17 | (2) Possession of stolen or fraudulently obtained checks. | ||||||
18 | A person commits possession of stolen or fraudulently | ||||||
19 | obtained checks when he or she possesses, with the intent to | ||||||
20 | obtain access to
funds of another person held in a real or | ||||||
21 | fictitious deposit account at a
financial institution, makes a | ||||||
22 | false statement or a misrepresentation to the
financial | ||||||
23 | institution, or possesses, transfers, negotiates, or presents | ||||||
24 | for
payment a check, draft, or other item purported to direct | ||||||
25 | the financial
institution to withdraw or pay funds out of the |
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1 | account holder's deposit
account with knowledge that such | ||||||
2 | possession, transfer, negotiation, or
presentment is not | ||||||
3 | authorized by the account holder or the issuing financial
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4 | institution. A person shall be deemed to have been
authorized | ||||||
5 | to possess, transfer, negotiate, or present for payment such | ||||||
6 | item
if the person was otherwise entitled by law to withdraw or | ||||||
7 | recover funds
from the account in question and followed the | ||||||
8 | requisite procedures under
the law. If the account holder, | ||||||
9 | upon discovery of the
withdrawal or payment, claims that the | ||||||
10 | withdrawal or payment was not
authorized, the financial | ||||||
11 | institution may require the account holder to
submit an | ||||||
12 | affidavit to that effect on a form satisfactory to the | ||||||
13 | financial
institution before the financial institution may be | ||||||
14 | required to credit the
account in an amount equal to the amount | ||||||
15 | or amounts that were withdrawn
or paid without authorization. | ||||||
16 | (3) Possession of implements of check fraud. | ||||||
17 | A person commits possession of implements of check fraud | ||||||
18 | when he or she possesses, with the intent to defraud and | ||||||
19 | without the
authority of the account holder or financial | ||||||
20 | institution, any check
imprinter, signature imprinter, or | ||||||
21 | "certified" stamp.
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22 | (D) Sentence. | ||||||
23 | (1) The commission of a deceptive practice in | ||||||
24 | violation of this Section, except as otherwise provided by | ||||||
25 | this subsection (D), is a Class A misdemeanor. |
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1 | (2) For purposes of paragraphs (A)(1) and (B)(1): | ||||||
2 | (a) The commission of a deceptive practice in | ||||||
3 | violation of paragraph (A)(1) or (B)(1), when the | ||||||
4 | value of the property so obtained, in a single | ||||||
5 | transaction or in separate transactions within a | ||||||
6 | 90-day period, exceeds $150, is a Class 4 felony. In | ||||||
7 | the case of a prosecution for separate transactions | ||||||
8 | totaling more than $150 within a 90-day period, those | ||||||
9 | separate transactions shall be alleged in a single | ||||||
10 | charge and prosecuted in a single prosecution. | ||||||
11 | (b) The commission of a deceptive practice in | ||||||
12 | violation of paragraph (B)(1) a second or subsequent | ||||||
13 | time is a Class 4 felony. | ||||||
14 | (3) For purposes of paragraph (C)(2), a person who, | ||||||
15 | within any 12-month period, violates paragraph (C)(2) with | ||||||
16 | respect to 3 or more checks or orders for the payment of | ||||||
17 | money at the same time or consecutively, each the property | ||||||
18 | of a different account holder or financial institution, is | ||||||
19 | guilty of a Class 4 felony. | ||||||
20 | (4) For purposes of paragraph (C)(3), a person who | ||||||
21 | within any 12-month period violates paragraph (C)(3) as to | ||||||
22 | possession of 3 or more such devices at the same time or | ||||||
23 | consecutively is guilty of a Class 4 felony.
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24 | (E) Civil liability. A person who issues a check or order | ||||||
25 | to a payee in violation of paragraph (B)(1) and who fails to |
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1 | pay the amount of the check or order to the payee within 30 | ||||||
2 | days following either delivery and acceptance by the addressee | ||||||
3 | of a written demand both by certified mail and by first class | ||||||
4 | mail to the person's last known address or attempted delivery | ||||||
5 | of a written demand sent both by certified mail and by first | ||||||
6 | class mail to the person's last known address and the demand by | ||||||
7 | certified mail is returned to the sender with a notation that | ||||||
8 | delivery was refused or unclaimed shall be liable to the payee | ||||||
9 | or a person subrogated to the rights of the payee for, in | ||||||
10 | addition to the amount owing upon such check or order, damages | ||||||
11 | of treble the amount so owing, but in no case less than $100 | ||||||
12 | nor more than $1,500, plus attorney's fees and court costs. An | ||||||
13 | action under this subsection (E) may be brought in small | ||||||
14 | claims court or in any other appropriate court. As part of the | ||||||
15 | written demand required by this subsection (E), the plaintiff | ||||||
16 | shall provide written notice to the defendant of the fact that | ||||||
17 | prior to the hearing of any action under this subsection (E), | ||||||
18 | the defendant may tender to the plaintiff and the plaintiff | ||||||
19 | shall accept, as satisfaction of the claim, an amount of money | ||||||
20 | equal to the sum of the amount of the check and the incurred | ||||||
21 | court costs, including the cost of service of process, and | ||||||
22 | attorney's fees. | ||||||
23 | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
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