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91_HB1941
LRB9104171RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 17-1.
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 17-1 as follows:
7 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
8 Sec. 17-1. Deceptive practices. (A) As used in this
9 Section:
10 (i) A financial institution means any bank, savings and
11 loan association, credit union, or other depository of money,
12 or medium of savings and collective investment.
13 (ii) An account holder is any person, having a checking
14 account or savings account in a financial institution.
15 (iii) To act with the "intent to defraud" means to act
16 wilfully, and with the specific intent to deceive or cheat,
17 for the purpose of causing financial loss to another, or to
18 bring some financial gain to oneself. It is not necessary to
19 establish that any person was actually defrauded or deceived.
20 (B) General Deception
21 A person commits a deceptive practice when, with intent to
22 defraud:
23 (a) He or she causes another, by deception or threat to
24 execute a document disposing of property or a document by
25 which a pecuniary obligation is incurred, or
26 (b) Being an officer, manager or other person
27 participating in the direction of a financial institution, he
28 or she knowingly receives or permits the receipt of a deposit
29 or other investment, knowing that the institution is
30 insolvent, or
31 (c) He or she knowingly makes or directs another to make
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1 a false or deceptive statement addressed to the public for
2 the purpose of promoting the sale of property or services, or
3 (d) 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, or in satisfaction of a fee owed to the
8 circuit clerk, or in satisfaction of a court ordered child
9 support or maintenance payment, he or she issues or delivers
10 a check or other order upon a real or fictitious depository
11 for the payment of money, knowing that it will not be paid by
12 the depository. Failure to have sufficient funds or credit
13 with the depository when the check or other order is issued
14 or delivered, or when such check or other order is presented
15 for payment and dishonored on each of 2 occasions at least 7
16 days apart, is prima facie evidence that the offender knows
17 that it will not be paid by the depository, and that he or
18 she has the intent to defraud.
19 (e) He or she issues or delivers a check or other order
20 upon a real or fictitious depository in an amount exceeding
21 $150 in payment of an amount owed on any credit transaction
22 for property, labor or services, or in payment of the entire
23 amount owed on any credit transaction for property, labor or
24 services, knowing that it will not be paid by the depository,
25 and thereafter fails to provide funds or credit with the
26 depository in the face amount of the check or order within
27 seven days of receiving actual notice from the depository or
28 payee of the dishonor of the check or order.
29 Sentence.
30 A person convicted of deceptive practice under paragraphs
31 (a) through (e) of this subsection (B), except as otherwise
32 provided by this Section, is guilty of a Class A misdemeanor.
33 A person convicted of a deceptive practice in violation
34 of paragraph (d) a second or subsequent time shall be guilty
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1 of a Class 4 felony.
2 A person convicted of deceptive practices in violation of
3 paragraph (d), when the value of the property so obtained, in
4 a single transaction, or in separate transactions within a 90
5 day period, exceeds $150, shall be guilty of a Class 4
6 felony. In the case of a prosecution for separate
7 transactions totaling more than $150 within a 90 day period,
8 such separate transactions shall be alleged in a single
9 charge and provided in a single prosecution.
10 (C) Deception on a Bank or Other Financial Institution
11 False Statements
12 1) Any person who, with the intent to defraud, makes or
13 causes to be made, any false statement in writing in order to
14 obtain an account with a bank or other financial institution,
15 or to obtain credit from a bank or other financial
16 institution, knowing such writing to be false, and with the
17 intent that it be relied upon, is guilty of a Class A
18 misdemeanor.
19 For purposes of this subsection (C), a false statement
20 shall mean any false statement representing identity,
21 address, or employment, or the identity, address or
22 employment of any person, firm or corporation.
23 Possession of Stolen or Fraudulently Obtained Checks
24 2) Any person who possesses, with the intent to defraud,
25 any check or order for the payment of money, upon a real or
26 fictitious account, without the consent of the account
27 holder, or the issuing financial institution, is guilty of a
28 Class A misdemeanor.
29 Any person who, within any 12 month period, violates this
30 Section with respect to 3 or more checks or orders for the
31 payment of money at the same time or consecutively, each the
32 property of a different account holder or financial
33 institution, is guilty of a Class 4 felony.
34 3) Possession of Implements of Check Fraud. Any person
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1 who possesses, with the intent to defraud, and without the
2 authority of the account holder or financial institution any
3 check imprinter, signature imprinter, or "certified" stamp is
4 guilty of a Class A misdemeanor.
5 A person who within any 12 month period violates this
6 subsection (C) as to possession of 3 or more such devices at
7 the same time or consecutively, is guilty of a Class 4
8 felony.
9 Possession of Identification Card
10 4) Any person, who with the intent to defraud, possesses
11 any check guarantee card or key card or identification card
12 for cash dispensing machines without the authority of the
13 account holder or financial institution, is guilty of a Class
14 A misdemeanor.
15 A person who, within any 12 month period, violates this
16 Section at the same time or consecutively with respect to 3
17 or more cards, each the property of different account
18 holders, is guilty of a class 4 felony.
19 A person convicted under this Section, when the value of
20 property so obtained, in a single transaction, or in separate
21 transactions within any 90 day period, exceeds $150 shall be
22 guilty of a Class 4 felony.
23 (Source: P.A. 84-897.)