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Public Act 093-0440


 

Public Act 93-0440 of the 93rd General Assembly


Public Act 93-0440

SB1053 Enrolled                      LRB093 10166 RLC 10420 b

    AN ACT in relation to criminal law.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Section 17-24 and adding Article 16H as follows:

    (720 ILCS 5/Art. 16H heading new)
            ARTICLE 16H. ILLINOIS FINANCIAL CRIME LAW

    (720 ILCS 5/16H-1 new)
    Sec.  16H-1.  Short  title.  This Article may be cited as
the Illinois Financial Crime Act.

    (720 ILCS 5/16H-5 new)
    Sec. 16H-5.  Legislative declaration. It  is  the  public
policy  of this State that the substantial burden placed upon
the economy of this State resulting from the rising incidence
of financial crime is a matter of grave concern to the people
of this State who have a  right  to  be  protected  in  their
health, safety and welfare from the effects of this crime.

    (720 ILCS 5/16H-10 new)
    Sec.  16-10.  Definitions.  In  this  Article  unless the
context otherwise requires:
    (a)  "Financial crime" means an offense described in this
Article.
    (b)  "Financial  institution"  means  any  bank,  savings
bank, savings  and  loan  association,  credit  union,  trust
company,  or  other depository of money, or medium of savings
and collective investment.

    (720 ILCS 5/16H-15 new)
    Sec. 16H-15.  Misappropriation of  financial  institution
property. A person commits the offense of misappropriation of
a   financial  institution's  property  whenever  the  person
knowingly misappropriates, embezzles, abstracts, purloins  or
willfully  misapplies  any of the moneys, funds or credits of
such financial institution, or any moneys, funds,  assets  or
securities entrusted to the custody or care of such financial
institution, or to the custody or care of any agent, officer,
director, or employee of such financial institution.

    (720 ILCS 5/16H-20 new)
    Sec.  16H-20.  Commercial  bribery  involving a financial
institution.
    (a)  A person commits the offense of  commercial  bribery
involving  a financial institution when the person confers or
offers or agrees to confer any  benefit  upon  any  employee,
agent,  or  fiduciary  without  the  consent  of the latter's
employer or principal, with intent to influence  his  or  her
conduct  in  relation to his or her employer's or principal's
affairs.
    (b)  An employee, agent,  or  fiduciary  of  a  financial
institution  commits  the  offense of commercial bribery of a
financial institution when, without the consent of his or her
employer or principal, he or she solicits, accepts, or agrees
to accept any benefit from another person upon  an  agreement
or  understanding that such benefit will influence his or her
conduct in relation to his or her employer's  or  principal's
affairs.

    (720 ILCS 5/16H-25 new)
    Sec.   16H-25.  Financial  institution  fraud.  A  person
commits the offense of financial institution fraud  when  the
person  knowingly executes or attempts to execute a scheme or
artifice:
    (1)  to defraud a financial institution; or
    (2)  to obtain any of the moneys, funds, credits, assets,
securities, or other property owned by or under  the  custody
or control of a financial institution, by means of pretenses,
representations, or promises he or she knows to be false.
    For  the purposes of this Section, "scheme or artifice to
defraud" includes a scheme or artifice to deprive a financial
institution of the intangible right to honest services.

    (720 ILCS 5/16H-30 new)
    Sec. 16H-30.  Loan fraud. A person commits the offense of
loan fraud when the person knowingly, with intent to defraud,
makes any false statement or report, or willfully  overvalues
any   land,   property   or  security,  for  the  purpose  of
influencing in any way the action of a financial  institution
to  act  upon  any  application, advance, discount, purchase,
purchase  agreement,  repurchase  agreement,  commitment,  or
loan, or any change or extension  of  any  of  the  same,  by
renewal, deferment of action or otherwise, or the acceptance,
release, or substitution of security.

    (720 ILCS 5/16H-35 new)
    Sec. 16H-35.  Concealment of collateral. A person commits
the  offense  of  concealment  of collateral when the person,
with intent to defraud, knowingly conceals, removes, disposes
of, or converts to  the  person's  own  use  or  to  that  of
another,  any  property  mortgaged or pledged to or held by a
financial institution.

    (720 ILCS 5/16H-40 new)
    Sec. 16H-40.  Financial  institution  robbery.  A  person
commits the offense of financial institution robbery when the
person,  by  force  or  threat  of force, or by intimidation,
takes, or attempts to take, from the person  or  presence  of
another,  or  obtains or attempts to obtain by extortion, any
property or money or any other thing of value  belonging  to,
or  in  the care, custody, control, management, or possession
of, a financial institution.

    (720 ILCS 5/16H-45 new)
    Sec. 16H-45.  Conspiracy to commit a financial crime.
    (a)  A person commits the  offense  of  a  conspiracy  to
commit  a  financial  crime  when,  with  the  intent  that a
violation of this Article be  committed,  the  person  agrees
with another person to the commission of that offense.
    (b)  No person may be convicted of conspiracy to commit a
financial crime unless an overt act or acts in furtherance of
the agreement is alleged and proved to have been committed by
that  person or by a co-conspirator and the accused is a part
of a  common  scheme  or  plan  to  engage  in  the  unlawful
activity.
    (c)  It  shall  not  be  a  defense  to  the offense of a
conspiracy to commit a financial crime  that  the  person  or
persons with whom the accused is alleged to have conspired:
         (1)  has not been prosecuted or convicted,
         (2)  has been convicted of a different offense,
         (3)  is not amenable to justice,
         (4)  has been acquitted, or
         (5)  lacked the capacity to commit the offense.

    (720 ILCS 5/16H-50 new)
    Sec.  16H-50.  Continuing  financial crimes enterprise. A
person commits the offense of a continuing  financial  crimes
enterprise  when  the  person  knowingly,  within an 18 month
period, commits  3  or  more  separate  offenses  under  this
Article,  or, if involving a financial institution, any other
felony offenses established under this Code.
    (720 ILCS 5/16H-55 new)
    Sec. 16H-55.  Organizer of a continuing financial  crimes
enterprise.
    (a)  A  person  commits the offense of being an organizer
of a continuing financial crimes enterprise when the person:
         (1)  with the intent to commit an offense under this
    Article, or, if involving a  financial  institution,  any
    other  felony offense established under this Code, agrees
    with another person to the commission of that offense  on
    3  or  more separate occasions within an 18 month period,
    and
         (2)  with respect to the other  persons  within  the
    conspiracy, occupies a position of organizer, supervisor,
    or financier or other position of management.
    (b)  The  person  with  whom the accused agreed to commit
the 3 or more offenses under this Article, or, if involving a
financial institution, any other felony offenses  established
under  this  Code, need not be the same person or persons for
each offense, as long as the accused was a part of the common
scheme or plan to engage in each of the  3  or  more  alleged
offenses.

    (720 ILCS 5/16H-60 new)
    Sec. 16H-60.  Sentence.
    (a)  A  financial crime, the full value of which does not
exceed $300, is a Class A misdemeanor.
    (b)  A person who  has  been  convicted  of  a  financial
crime,  the full value of which does not exceed $300, and who
has been previously convicted of a  financial  crime  or  any
type  of theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, or home invasion,  is
guilty  of  a  Class  4  felony. When a person has such prior
conviction,  the  information  or  indictment  charging  that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony. The
fact of such prior  conviction  is  not  an  element  of  the
offense  and  may  not  be disclosed to the jury during trial
unless otherwise permitted by issues properly  raised  during
such trial.
    (c)  A  financial  crime, the full value of which exceeds
$300 but does not exceed $10,000, is a Class 3 felony. When a
charge of financial crime, the full value  of  which  exceeds
$300  but  does  not exceed $10,000, is brought, the value of
the financial crime involved is an element of the offense  to
be  resolved  by the trier of fact as either exceeding or not
exceeding $300.
    (d)  A financial crime, the full value of  which  exceeds
$10,000  but  does  not exceed $100,000, is a Class 2 felony.
When a charge of financial crime, the  full  value  of  which
exceeds $10,000 but does not exceed $100,000, is brought, the
value  of  the  financial crime involved is an element of the
offense to be  resolved  by  the  trier  of  fact  as  either
exceeding or not exceeding $10,000.
    (e)  A  financial  crime, the full value of which exceeds
$100,000, is a Class 1 felony. When  a  charge  of  financial
crime,  the full value of which exceeds $100,000, is brought,
the value of the financial crime involved is  an  element  of
the  offense  to  be  resolved by the trier of fact as either
exceeding or not exceeding $100,000.
    (f)  A financial crime which is a  financial  institution
robbery is a Class 1 felony.
    (g)  A  financial  crime  which is a continuing financial
crimes enterprise is a Class 1 felony.
    (h)  A financial crime which is the offense of  being  an
organizer  of  a  continuing financial crimes enterprise is a
Class X felony.
    (i)  Notwithstanding  any  other   provisions   of   this
Section,  a financial crime which is loan fraud in connection
with a loan secured by residential real estate is a  Class  4
felony.

    (720 ILCS 5/16H-65 new)
    Sec.   16H-65.  Period  of  limitations.  The  period  of
limitations for prosecution of any offense  defined  in  this
Article  begins  at the time when the last act in furtherance
of the offense is committed.

    (720 ILCS 5/17-24)
    Sec. 17-24.  Fraudulent schemes and artifices.
    (a)  Fraud by wire, radio, or television.
         (1)  A person commits wire fraud when he or she:
              (A)  devises or intends to devise a  scheme  or
         artifice  to  defraud or to obtain money or property
         by means of  false  pretenses,  representations,  or
         promises; and
              (B) (i)  transmits  or causes to be transmitted
              from within this State; or
                   (ii)  transmits   or    causes    to    be
              transmitted  so that it is received by a person
              within this State; or
                   (iii)  transmits   or   causes    to    be
              transmitted    so   that   it   is   reasonably
              foreseeable that  it  will  be  accessed  by  a
              person within this State:
    any writings, signals, pictures, sounds, or electronic or
    electric  impulses by means of wire, radio, or television
    communications for the purpose of executing the scheme or
    artifice.
         (2)  A  scheme  or   artifice   to   defraud   using
    electronic transmissions is deemed to occur in the county
    from which a transmission is sent, if the transmission is
    sent from within this State, the county in which a person
    within  this  State  receives  the  transmission, and the
    county in which a person who  is  within  this  State  is
    located when the person accesses a transmission.
         (3)  Wire fraud is a Class 3 felony.
    (b)  Mail fraud.
         (1)  A person commits mail fraud when he or she:
              (A)  devises or intends to devise any scheme or
         artifice  to  defraud or to obtain money or property
         by  means  of   false   or   fraudulent   pretenses,
         representations or promises, or to sell, dispose of,
         loan,   exchange,   alter,  give  away,  distribute,
         supply, or furnish or procure for unlawful  use  any
         counterfeit  obligation, security, or other article,
         or anything represented to be or intimidated or held
         out to be such counterfeit or spurious article; and
              (B)  for the purpose of executing  such  scheme
         or  artifice  or  attempting so to do, places in any
         post office or authorized depository for mail matter
         within this State, any matter or thing  whatever  to
         be  delivered  by the Postal Service, or deposits or
         causes to be deposited in this State by mail  or  by
         private  or  commercial  carrier  according  to  the
         direction on the matter or thing, or at the place at
         which  it  is directed to be delivered by the person
         to whom it is addressed, any such matter or thing.
         (2)  A  scheme  or  artifice  to  defraud  using   a
    government  or  private carrier is deemed to occur in the
    county in which mail or other matter  is  deposited  with
    the  Postal  Service  or a private commercial carrier for
    delivery, if deposited  with  the  Postal  Service  or  a
    private  or  commercial carrier within this State and the
    county in which a person within this State  receives  the
    mail or other matter from the Postal Service or a private
    or commercial carrier.
         (3)  Mail fraud is a Class 3 felony.
    (c)  (Blank). Financial institution fraud.
         (1)  A  person  is  guilty  of financial institution
    fraud who knowingly executes or  attempts  to  execute  a
    scheme or artifice:
              (i)  to defraud a financial institution; or
              (ii)  to  obtain  any  of  the  moneys,  funds,
         credits, assets, securities, or other property owned
         by,  or  under the custody or control of a financial
         institution, by means of pretenses, representations,
         or promises he or she knows to be false.
         (2)  Financial  institution  fraud  is  a  Class   3
    felony.
    (d)  The  period  of  limitations  for prosecution of any
offense defined in this Section begins at the time  when  the
last  act  in  furtherance  of  the  scheme  or  artifice  is
committed.
    (e)  In this Section:
         (1)  "Scheme  or  artifice  to  defraud"  includes a
    scheme or artifice to deprive another of  the  intangible
    right to honest services.
         (2)  (Blank).   "Financial   institution"   has  the
    meaning ascribed to it in paragraph (i) of subsection (A)
    of Section 17-1 of this Code.
(Source: P.A. 91-228, eff. 1-1-00; 92-16, eff. 6-28-01.)

    Section 99.  This Act takes effect upon becoming law.

Effective Date: 8/5/2003