State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ]

90_HB0437enr

      720 ILCS 5/17-1a          from Ch. 38, par. 17-1a
          Amends the Criminal Code of 1961 to  change  the  maximum
      civil liability for deceptive practices from $500 to $1,500.
                                                     LRB9000088NTcw
HB0437 Enrolled                                LRB9000088NTcw
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 17-1a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 17-1a as follows:
 7        (720 ILCS 5/17-1a) (from Ch. 38, par. 17-1a)
 8        Sec. 17-1a.  Civil Liability for Deceptive Practices.   A
 9    person who issues a check or order to a payee in violation of
10    Section  17-1(B)  (d)  and who fails to pay the amount of the
11    check or order to the payee within 30 days  following  either
12    delivery  and acceptance by the addressee of a written demand
13    by both certified  mail  and  by  first  class  mail  to  the
14    person's  last  know  address;  or  attempted  delivery  of a
15    written demand sent by both certified mail and by first class
16    mail to the person's last known address  and  the  demand  by
17    certified mail is returned to the sender with a notation that
18    delivery  was  refused  or  unclaimed, shall be liable to the
19    payee or a person subrogated to the rights of the payee  for,
20    in  addition  to  the  amount owing upon such check or order,
21    damages of treble the amount so owing, but in  no  case  less
22    than  $100  nor more than $1,500 $500, plus attorney fees and
23    court costs.
24        A cause of action under this Section may  be  brought  in
25    small  claims court or in any other appropriate court.  Prior
26    to  the  hearing  of  any  action  under  this  Section,  the
27    defendant may tender to the plaintiff and the plaintiff shall
28    accept as satisfaction of the claim, an amount of money equal
29    to the sum of the amount of the check and the incurred  court
30    costs, and service and attorney fees.
31    (Source: P.A. 89-378, eff. 8-18-95.)

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