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Full Text of SB2301  97th General Assembly

SB2301sam001 97TH GENERAL ASSEMBLY

Sen. Kirk W. Dillard

Filed: 4/8/2011

 

 


 

 


 
09700SB2301sam001LRB097 10014 RLC 53646 a

1
AMENDMENT TO SENATE BILL 2301

2    AMENDMENT NO. ______. Amend Senate Bill 2301 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by
5changing Section 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.

 

 

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

 

 

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1knowingly, with intent to defraud, makes any false statement or
2report, or overvalues any land, property, or security, with the
3intent to influence in any way the action of a financial
4institution to act upon any application, advance, discount,
5purchase, purchase agreement, repurchase agreement,
6commitment, or loan, or any change or extension of any of the
7same, by renewal, deferment of action, or otherwise, or the
8acceptance, release, or substitution of security.
9    (e) Concealment of collateral. A person commits
10concealment of collateral when he or she, with intent to
11defraud, knowingly conceals, removes, disposes of, or converts
12to the person's own use or to that of another any property
13mortgaged or pledged to or held by a financial institution.
14    (f) Financial institution robbery. A person commits
15robbery when he or she knowingly, by force or threat of force,
16or by intimidation, takes, or attempts to take, from the person
17or presence of another, or obtains or attempts to obtain by
18extortion, any property or money or any other thing of value
19belonging to, or in the care, custody, control, management, or
20possession of, a financial institution.
21    (g) Conspiracy to commit a financial crime.
22        (1) A person commits conspiracy to commit a financial
23    crime when, with the intent that any violation of this
24    Section be committed, he or she agrees with another person
25    to the commission of that offense.
26        (2) No person may be convicted of conspiracy to commit

 

 

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1    a financial crime unless an overt act or acts in
2    furtherance of the agreement is alleged and proved to have
3    been committed by that person or by a co-conspirator and
4    the accused is a part of a common scheme or plan to engage
5    in the unlawful activity.
6        (3) It shall not be a defense to conspiracy to commit a
7    financial crime that the person or persons with whom the
8    accused is alleged to have conspired:
9            (A) has not been prosecuted or convicted;
10            (B) has been convicted of a different offense;
11            (C) is not amenable to justice;
12            (D) has been acquitted; or
13            (E) lacked the capacity to commit the offense.
14    (h) Continuing financial crimes enterprise. A person
15commits a continuing financial crimes enterprise when he or she
16knowingly, within an 18-month period, commits 3 or more
17separate offenses under this Section or, if involving a
18financial institution, any other felony offenses under this
19Code.
20    (i) Organizer of a continuing financial crimes enterprise.
21        (1) A person commits being an organizer of a continuing
22    financial crimes enterprise when he or she:
23            (A) with the intent to commit any offense under
24        this Section, or, if involving a financial
25        institution, any other felony offense under this Code,
26        agrees with another person to the commission of that

 

 

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1        offense on 3 or more separate occasions within an
2        18-month period; and
3            (B) with respect to the other persons within the
4        conspiracy, occupies a position of organizer,
5        supervisor, or financier or other position of
6        management.
7        (2) The person with whom the accused agreed to commit
8    the 3 or more offenses under this Section, or, if involving
9    a financial institution, any other felony offenses under
10    this Code, need not be the same person or persons for each
11    offense, as long as the accused was a part of the common
12    scheme or plan to engage in each of the 3 or more alleged
13    offenses.
14    (j) Sentence.
15        (1) Except as otherwise provided in this subsection, a
16    violation of this Section, the full value of which:
17            (A) does not exceed $500, is a Class A misdemeanor;
18            (B) does not exceed $500, and the person has been
19        previously convicted of a financial crime or any type
20        of theft, robbery, armed robbery, burglary,
21        residential burglary, possession of burglary tools, or
22        home invasion, is guilty of a Class 4 felony;
23            (C) exceeds $500 but does not exceed $10,000, is a
24        Class 3 felony;
25            (D) exceeds $10,000 but does not exceed $100,000,
26        is a Class 2 felony;

 

 

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1            (E) exceeds $100,000, is a Class 1 felony.
2        (2) A violation of subsection (f) is a Class 1 felony.
3        (3) A violation of subsection (h) is a Class 1 felony.
4        (4) A violation for subsection (i) is a Class X felony.
5    (k) A "financial crime" means an offense described in this
6Section.
7    (l) Period of limitations. The period of limitations for
8prosecution of any offense defined in this Section begins at
9the time when the last act in furtherance of the offense is
10committed.
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    (Text of Section after amendment by P.A. 96-1532)
13    Sec. 17-10.6. Financial institution fraud.
14    (a) Misappropriation of financial institution property. A
15person commits misappropriation of a financial institution's
16property whenever he or she knowingly obtains or exerts
17unauthorized control over any of the moneys, funds, credits,
18assets, securities, or other property owned by or under the
19custody or control of a financial institution, or under the
20custody or care of any agent, officer, director, or employee of
21such financial institution.
22    (b) Commercial bribery of a financial institution.
23        (1) A person commits commercial bribery of a financial
24    institution when he or she knowingly confers or offers or
25    agrees to confer any benefit upon any employee, agent, or

 

 

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

 

 

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1purchase, purchase agreement, repurchase agreement,
2commitment, or loan, or any change or extension of any of the
3same, by renewal, deferment of action, or otherwise, or the
4acceptance, release, or substitution of security.
5    (e) Concealment of collateral. A person commits
6concealment of collateral when he or she, with intent to
7defraud, knowingly conceals, removes, disposes of, or converts
8to the person's own use or to that of another any property
9mortgaged or pledged to or held by a financial institution.
10    (f) Financial institution robbery. A person commits
11robbery when he or she knowingly, by force or threat of force,
12or by intimidation, takes, or attempts to take, from the person
13or presence of another, or obtains or attempts to obtain by
14extortion, any property or money or any other thing of value
15belonging to, or in the care, custody, control, management, or
16possession of, a financial institution.
17    (g) Conspiracy to commit a financial crime.
18        (1) A person commits conspiracy to commit a financial
19    crime when, with the intent that any violation of this
20    Section be committed, he or she agrees with another person
21    to the commission of that offense.
22        (2) No person may be convicted of conspiracy to commit
23    a financial crime unless an overt act or acts in
24    furtherance of the agreement is alleged and proved to have
25    been committed by that person or by a co-conspirator and
26    the accused is a part of a common scheme or plan to engage

 

 

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1    in the unlawful activity.
2        (3) It shall not be a defense to conspiracy to commit a
3    financial crime that the person or persons with whom the
4    accused is alleged to have conspired:
5            (A) has not been prosecuted or convicted;
6            (B) has been convicted of a different offense;
7            (C) is not amenable to justice;
8            (D) has been acquitted; or
9            (E) lacked the capacity to commit the offense.
10    (h) Continuing financial crimes enterprise. A person
11commits a continuing financial crimes enterprise when he or she
12knowingly, within an 18-month period, commits 3 or more
13separate offenses constituting any combination of the
14following:
15        (1) an offense under this Section;
16        (2) a felony offense in violation of Section 16A-3 or
17    paragraph (4) or (5) of subsection (a) of Section 16-1 of
18    this Code for the purpose of reselling or otherwise
19    re-entering the merchandise in commerce, including
20    conveying the merchandise to a merchant in exchange for
21    anything of value; or
22        (3) , if involving a financial institution, any other
23    felony offense offenses under this Code.
24    (i) Organizer of a continuing financial crimes enterprise.
25        (1) A person commits being an organizer of a continuing
26    financial crimes enterprise when he or she:

 

 

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

 

 

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1    scheme or plan to engage in each of the 3 or more alleged
2    offenses.
3    (j) Sentence.
4        (1) Except as otherwise provided in this subsection, a
5    violation of this Section, the full value of which:
6            (A) does not exceed $500, is a Class A misdemeanor;
7            (B) does not exceed $500, and the person has been
8        previously convicted of a financial crime or any type
9        of theft, robbery, armed robbery, burglary,
10        residential burglary, possession of burglary tools, or
11        home invasion, is guilty of a Class 4 felony;
12            (C) exceeds $500 but does not exceed $10,000, is a
13        Class 3 felony;
14            (D) exceeds $10,000 but does not exceed $100,000,
15        is a Class 2 felony;
16            (E) exceeds $100,000, is a Class 1 felony.
17        (2) A violation of subsection (f) is a Class 1 felony.
18        (3) A violation of subsection (h) is a Class 1 felony.
19        (4) A violation for subsection (i) is a Class X felony.
20    (k) A "financial crime" means an offense described in this
21Section.
22    (l) Period of limitations. The period of limitations for
23prosecution of any offense defined in this Section begins at
24the time when the last act in furtherance of the offense is
25committed.
26    (m) Forfeiture. Any violation of subdivision (2) of

 

 

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1subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
2the remedies, procedures, and forfeiture as set forth in
3subsections (f) through (s) of Section 29B-1 of this Code.
4(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
5eff. 1-1-12; revised 3-23-11.)
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect July 1,
142011.".