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Full Text of SB2301  97th General Assembly

SB2301eng 97TH GENERAL ASSEMBLY



 


 
SB2301 EngrossedLRB097 10014 RLC 50185 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 17-10.6 as follows:
 
6    (720 ILCS 5/17-10.6)
7    (Text of Section before amendment by P.A. 96-1532)
8    Sec. 17-10.6. Financial institution fraud.
9    (a) Misappropriation of financial institution property. A
10person commits misappropriation of a financial institution's
11property whenever he or she knowingly obtains or exerts
12unauthorized control over any of the moneys, funds, credits,
13assets, securities, or other property owned by or under the
14custody or control of a financial institution, or under the
15custody or care of any agent, officer, director, or employee of
16such financial institution.
17    (b) Commercial bribery of a financial institution.
18        (1) A person commits commercial bribery of a financial
19    institution when he or she knowingly confers or offers or
20    agrees to confer any benefit upon any employee, agent, or
21    fiduciary without the consent of the latter's employer or
22    principal, with the intent to influence his or her conduct
23    in relation to his or her employer's or principal's

 

 

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1    affairs.
2        (2) An employee, agent, or fiduciary of a financial
3    institution commits commercial bribery of a financial
4    institution when, without the consent of his or her
5    employer or principal, he or she knowingly solicits,
6    accepts, or agrees to accept any benefit from another
7    person upon an agreement or understanding that such benefit
8    will influence his or her conduct in relation to his or her
9    employer's or principal's affairs.
10    (c) Financial institution fraud. A person commits
11financial institution fraud when he or she knowingly executes
12or attempts to execute a scheme or artifice:
13        (1) to defraud a financial institution; or
14        (2) to obtain any of the moneys, funds, credits,
15    assets, securities, or other property owned by or under the
16    custody or control of a financial institution, by means of
17    pretenses, representations, or promises he or she knows to
18    be false.
19    (d) Loan fraud. A person commits loan fraud when he or she
20knowingly, with intent to defraud, makes any false statement or
21report, or overvalues any land, property, or security, with the
22intent to influence in any way the action of a financial
23institution to act upon any application, advance, discount,
24purchase, purchase agreement, repurchase agreement,
25commitment, or loan, or any change or extension of any of the
26same, by renewal, deferment of action, or otherwise, or the

 

 

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1acceptance, release, or substitution of security.
2    (e) Concealment of collateral. A person commits
3concealment of collateral when he or she, with intent to
4defraud, knowingly conceals, removes, disposes of, or converts
5to the person's own use or to that of another any property
6mortgaged or pledged to or held by a financial institution.
7    (f) Financial institution robbery. A person commits
8robbery when he or she knowingly, by force or threat of force,
9or by intimidation, takes, or attempts to take, from the person
10or presence of another, or obtains or attempts to obtain by
11extortion, any property or money or any other thing of value
12belonging to, or in the care, custody, control, management, or
13possession of, a financial institution.
14    (g) Conspiracy to commit a financial crime.
15        (1) A person commits conspiracy to commit a financial
16    crime when, with the intent that any violation of this
17    Section be committed, he or she agrees with another person
18    to the commission of that offense.
19        (2) No person may be convicted of conspiracy to commit
20    a financial crime unless an overt act or acts in
21    furtherance of the agreement is alleged and proved to have
22    been committed by that person or by a co-conspirator and
23    the accused is a part of a common scheme or plan to engage
24    in the unlawful activity.
25        (3) It shall not be a defense to conspiracy to commit a
26    financial crime that the person or persons with whom the

 

 

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1    accused is alleged to have conspired:
2            (A) has not been prosecuted or convicted;
3            (B) has been convicted of a different offense;
4            (C) is not amenable to justice;
5            (D) has been acquitted; or
6            (E) lacked the capacity to commit the offense.
7    (h) Continuing financial crimes enterprise. A person
8commits a continuing financial crimes enterprise when he or she
9knowingly, within an 18-month period, commits 3 or more
10separate offenses under this Section or, if involving a
11financial institution, any other felony offenses under this
12Code.
13    (i) Organizer of a continuing financial crimes enterprise.
14        (1) A person commits being an organizer of a continuing
15    financial crimes enterprise when he or she:
16            (A) with the intent to commit any offense under
17        this Section, or, if involving a financial
18        institution, any other felony offense under this Code,
19        agrees with another person to the commission of that
20        offense on 3 or more separate occasions within an
21        18-month period; and
22            (B) with respect to the other persons within the
23        conspiracy, occupies a position of organizer,
24        supervisor, or financier or other position of
25        management.
26        (2) The person with whom the accused agreed to commit

 

 

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1    the 3 or more offenses under this Section, or, if involving
2    a financial institution, any other felony offenses under
3    this Code, need not be the same person or persons for each
4    offense, as long as the accused was a part of the common
5    scheme or plan to engage in each of the 3 or more alleged
6    offenses.
7    (j) Sentence.
8        (1) Except as otherwise provided in this subsection, a
9    violation of this Section, the full value of which:
10            (A) does not exceed $500, is a Class A misdemeanor;
11            (B) does not exceed $500, and the person has been
12        previously convicted of a financial crime or any type
13        of theft, robbery, armed robbery, burglary,
14        residential burglary, possession of burglary tools, or
15        home invasion, is guilty of a Class 4 felony;
16            (C) exceeds $500 but does not exceed $10,000, is a
17        Class 3 felony;
18            (D) exceeds $10,000 but does not exceed $100,000,
19        is a Class 2 felony;
20            (E) exceeds $100,000, is a Class 1 felony.
21        (2) A violation of subsection (f) is a Class 1 felony.
22        (3) A violation of subsection (h) is a Class 1 felony.
23        (4) A violation for subsection (i) is a Class X felony.
24    (k) A "financial crime" means an offense described in this
25Section.
26    (l) Period of limitations. The period of limitations for

 

 

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1prosecution of any offense defined in this Section begins at
2the time when the last act in furtherance of the offense is
3committed.
4(Source: P.A. 96-1551, eff. 7-1-11.)
 
5    (Text of Section after amendment by P.A. 96-1532)
6    Sec. 17-10.6. Financial institution fraud.
7    (a) Misappropriation of financial institution property. A
8person commits misappropriation of a financial institution's
9property whenever he or she knowingly obtains or exerts
10unauthorized control over any of the moneys, funds, credits,
11assets, securities, or other property owned by or under the
12custody or control of a financial institution, or under the
13custody or care of any agent, officer, director, or employee of
14such financial institution.
15    (b) Commercial bribery of a financial institution.
16        (1) A person commits commercial bribery of a financial
17    institution when he or she knowingly confers or offers or
18    agrees to confer any benefit upon any employee, agent, or
19    fiduciary without the consent of the latter's employer or
20    principal, with the intent to influence his or her conduct
21    in relation to his or her employer's or principal's
22    affairs.
23        (2) An employee, agent, or fiduciary of a financial
24    institution commits commercial bribery of a financial
25    institution when, without the consent of his or her

 

 

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1    employer or principal, he or she knowingly solicits,
2    accepts, or agrees to accept any benefit from another
3    person upon an agreement or understanding that such benefit
4    will influence his or her conduct in relation to his or her
5    employer's or principal's affairs.
6    (c) Financial institution fraud. A person commits
7financial institution fraud when he or she knowingly executes
8or attempts to execute a scheme or artifice:
9        (1) to defraud a financial institution; or
10        (2) to obtain any of the moneys, funds, credits,
11    assets, securities, or other property owned by or under the
12    custody or control of a financial institution, by means of
13    pretenses, representations, or promises he or she knows to
14    be false.
15    (d) Loan fraud. A person commits loan fraud when he or she
16knowingly, with intent to defraud, makes any false statement or
17report, or overvalues any land, property, or security, with the
18intent to influence in any way the action of a financial
19institution to act upon any application, advance, discount,
20purchase, purchase agreement, repurchase agreement,
21commitment, or loan, or any change or extension of any of the
22same, by renewal, deferment of action, or otherwise, or the
23acceptance, release, or substitution of security.
24    (e) Concealment of collateral. A person commits
25concealment of collateral when he or she, with intent to
26defraud, knowingly conceals, removes, disposes of, or converts

 

 

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1to the person's own use or to that of another any property
2mortgaged or pledged to or held by a financial institution.
3    (f) Financial institution robbery. A person commits
4robbery when he or she knowingly, by force or threat of force,
5or by intimidation, takes, or attempts to take, from the person
6or presence of another, or obtains or attempts to obtain by
7extortion, any property or money or any other thing of value
8belonging to, or in the care, custody, control, management, or
9possession of, a financial institution.
10    (g) Conspiracy to commit a financial crime.
11        (1) A person commits conspiracy to commit a financial
12    crime when, with the intent that any violation of this
13    Section be committed, he or she agrees with another person
14    to the commission of that offense.
15        (2) No person may be convicted of conspiracy to commit
16    a financial crime unless an overt act or acts in
17    furtherance of the agreement is alleged and proved to have
18    been committed by that person or by a co-conspirator and
19    the accused is a part of a common scheme or plan to engage
20    in the unlawful activity.
21        (3) It shall not be a defense to conspiracy to commit a
22    financial crime that the person or persons with whom the
23    accused is alleged to have conspired:
24            (A) has not been prosecuted or convicted;
25            (B) has been convicted of a different offense;
26            (C) is not amenable to justice;

 

 

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1            (D) has been acquitted; or
2            (E) lacked the capacity to commit the offense.
3    (h) Continuing financial crimes enterprise. A person
4commits a continuing financial crimes enterprise when he or she
5knowingly, within an 18-month period, commits 3 or more
6separate offenses constituting any combination of the
7following:
8        (1) an offense under this Section;
9        (2) a felony offense in violation of Section 16A-3 or
10    paragraph (4) or (5) of subsection (a) of Section 16-1 of
11    this Code for the purpose of reselling or otherwise
12    re-entering the merchandise in commerce, including
13    conveying the merchandise to a merchant in exchange for
14    anything of value; or
15        (3) , if involving a financial institution, any other
16    felony offense offenses under this Code.
17    (i) Organizer of a continuing financial crimes enterprise.
18        (1) A person commits being an organizer of a continuing
19    financial crimes enterprise when he or she:
20            (A) with the intent to commit any offense under
21        this Section, agrees with another person to the
22        commission of any combination of the following
23        offenses on 3 or more separate occasions within an
24        18-month period:
25                (i) an offense under this Section;
26                (ii) a felony offense in violation of Section

 

 

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1            16A-3 or paragraph (4) or (5) of subsection (a) of
2            Section 16-1 of this Code for the purpose of
3            reselling or otherwise re-entering the merchandise
4            in commerce, including conveying the merchandise
5            to a merchant in exchange for anything of value; or
6                (iii) , if involving a financial institution,
7            any other felony offense under this Code, agrees
8            with another person to the commission of that
9            offense on 3 or more separate occasions within an
10            18-month period; and
11            (B) with respect to the other persons within the
12        conspiracy, occupies a position of organizer,
13        supervisor, or financier or other position of
14        management.
15        (2) The person with whom the accused agreed to commit
16    the 3 or more offenses under this Section, or, if involving
17    a financial institution, any other felony offenses under
18    this Code, need not be the same person or persons for each
19    offense, as long as the accused was a part of the common
20    scheme or plan to engage in each of the 3 or more alleged
21    offenses.
22    (j) Sentence.
23        (1) Except as otherwise provided in this subsection, a
24    violation of this Section, the full value of which:
25            (A) does not exceed $500, is a Class A misdemeanor;
26            (B) does not exceed $500, and the person has been

 

 

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1        previously convicted of a financial crime or any type
2        of theft, robbery, armed robbery, burglary,
3        residential burglary, possession of burglary tools, or
4        home invasion, is guilty of a Class 4 felony;
5            (C) exceeds $500 but does not exceed $10,000, is a
6        Class 3 felony;
7            (D) exceeds $10,000 but does not exceed $100,000,
8        is a Class 2 felony;
9            (E) exceeds $100,000, is a Class 1 felony.
10        (2) A violation of subsection (f) is a Class 1 felony.
11        (3) A violation of subsection (h) is a Class 1 felony.
12        (4) A violation for subsection (i) is a Class X felony.
13    (k) A "financial crime" means an offense described in this
14Section.
15    (l) Period of limitations. The period of limitations for
16prosecution of any offense defined in this Section begins at
17the time when the last act in furtherance of the offense is
18committed.
19    (m) Forfeiture. Any violation of subdivision (2) of
20subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
21the remedies, procedures, and forfeiture as set forth in
22subsections (f) through (s) of Section 29B-1 of this Code.
23(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
24eff. 1-1-12; revised 3-23-11.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect July 1,
82011.