Public Act 0863 94TH GENERAL ASSEMBLY
|
Public Act 094-0863 |
HB4688 Enrolled |
LRB094 16744 RLC 52015 b |
|
|
AN ACT concerning 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 17-29 as follows: |
(720 ILCS 5/17-29) |
Sec. 17-29. Businesses owned by minorities, females, and |
persons with disabilities; fraudulent contracts with |
governmental units. |
(a) In this Section: |
"Minority person" means a person who is:
(1) African |
American (a person having origins in any
of the black |
racial groups in Africa);
(2) Hispanic (a person of Spanish |
or Portuguese
culture with origins in Mexico, South or |
Central America, or the Caribbean Islands, regardless of |
race);
(3) Asian American (a person having origins in any
|
of the original peoples of the Far East, Southeast Asia, |
the Indian Subcontinent or the Pacific Islands); or
(4) |
Native American or Alaskan Native (a person
having origins |
in any of the original peoples of North America). |
"Female" means a person who is of the female gender.
|
"Person with a disability" means a person who is a |
person qualifying as being disabled.
|
"Disabled" means a severe physical or mental |
disability that:
(1) results from:
amputation,
arthritis,
|
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
|
cystic fibrosis,
deafness,
head injury,
heart disease,
|
hemiplegia,
hemophilia,
respiratory or pulmonary |
dysfunction,
mental retardation,
mental illness,
multiple |
sclerosis,
muscular dystrophy,
musculoskeletal disorders,
|
neurological disorders, including stroke and epilepsy,
|
paraplegia,
quadriplegia and other spinal cord conditions,
|
|
sickle cell anemia,
specific learning disabilities, or
end |
stage renal failure disease; and
(2) substantially limits |
one or more of the person's major life activities. |
"Minority owned business" means a business concern |
that is at least 51% owned by one or more minority persons, |
or in the case of a corporation, at least 51% of the stock |
in which is owned by one or more minority persons; and the |
management and daily business operations of which are |
controlled by one or more of the minority individuals who |
own it. |
"Female owned business" means a business concern that |
is at least 51% owned by one or more females, or, in the |
case of a corporation, at least 51% of the stock in which |
is owned by one or more females; and the management and |
daily business operations of which are controlled by one or |
more of the females who own it. |
"Business owned by a person with a disability" means a |
business concern that is at least 51% owned by one or more |
persons with a disability and the management and daily |
business operations of which are controlled by one or more |
of the persons with disabilities who own it. A |
not-for-profit agency for persons with disabilities that |
is exempt from taxation under Section 501 of the Internal |
Revenue Code of 1986 is also considered a "business owned |
by a person with a disability". |
"Governmental unit" means the State, a unit of local |
government, or school district. |
(b) In addition to any other penalties imposed by law or by |
an ordinance or resolution of a unit of local government or |
school district, any individual or entity that knowingly |
obtains, or knowingly assists another to obtain, a contract |
with a governmental unit , or a subcontract or written |
commitment for a subcontract under a contract with a |
governmental unit, by falsely representing that the individual |
or entity, or the individual or entity assisted, is a minority |
owned business, female owned business, or business owned by a |
|
person with a disability is guilty of a Class 2 felony, |
regardless of whether the preference for awarding the contract |
to a minority owned business, female owned business, or |
business owned by a person with a disability was established by |
statute or by local ordinance or resolution. |
(c) In addition to any other penalties authorized by law, |
the court shall order that an individual or entity convicted of |
a violation of this Section must pay to the governmental unit |
that awarded the contract a penalty equal to one and one-half |
times the amount of the contract obtained because of the false |
representation.
|
(Source: P.A. 94-126, eff. 1-1-06.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|