(720 ILCS 5/33E-7) (from Ch. 38, par. 33E-7)
Sec. 33E-7.
Kickbacks.
(a) A person violates this Section when he knowingly either:
(1) provides, attempts to provide or offers to provide any kickback;
(2) solicits, accepts or attempts to accept any kickback; or
(3) includes, directly or indirectly, the amount of any kickback
prohibited by paragraphs (1) or (2) of this subsection (a) in the contract
price charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime contractor to any
unit of State or local government for a public contract.
(b) Any person violates this Section when he has received an offer of
a kickback, or has been solicited to make a kickback, and fails to report
it to law enforcement officials, including but not limited to the Attorney
General or the State's Attorney for the county in which the contract is to be performed.
(c) A violation of subsection (a) is a Class 3 felony. A
violation of subsection (b) is a Class 4 felony.
(d) Any unit of State or local government may, in a civil action,
recover a civil penalty from any person who knowingly engages in conduct
which violates paragraph (3) of subsection (a) of this Section in twice the
amount of each kickback involved in the violation. This subsection (d)
shall in no way limit the ability of any unit of State or local government
to recover monies or damages regarding public contracts under any other law
or ordinance. A civil action shall be barred unless
the action is commenced within 6 years after the later of (1) the date on
which the conduct establishing the cause of action occurred or (2) the date
on which the unit of State or local government knew or should have known
that the conduct establishing the cause of action occurred.
(Source: P.A. 85-1295.)
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