102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4138

 

Introduced 9/3/2021, by Rep. Katie Stuart

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/17-1  from Ch. 38, par. 17-1

    Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4138LRB102 19629 RLC 28401 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 17-1 as follows:
 
6    (720 ILCS 5/17-1)  (from Ch. 38, par. 17-1)
7    Sec. 17-1. Deceptive practices.
 
8(A) General deception.
9    A person commits a deceptive practice when, with intent to
10defraud, the person does any of the following:
11        (1) He or she knowingly causes another, by deception
12    or threat, to execute a document disposing of property or
13    a document by which a pecuniary obligation is incurred.
14        (2) Being an officer, manager or other person
15    participating in the direction of a financial institution,
16    he or she knowingly receives or permits the receipt of a
17    deposit or other investment, knowing that the institution
18    is insolvent.
19        (3) He or she knowingly makes a false or deceptive
20    statement addressed to the public for the purpose of
21    promoting the sale or lease of property or services.
 

 

 

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1(B) Bad checks.
2    A person commits a deceptive practice when:
3        (1) 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, he or she issues or delivers a check or
8    other order upon a real or fictitious depository for the
9    payment of money, knowing that it will not be paid by the
10    depository. The trier of fact may infer that the defendant
11    knows that the check or other order will not be paid by the
12    depository and that the defendant has acted with intent to
13    defraud when the defendant fails to have sufficient funds
14    or credit with the depository when the check or other
15    order is issued or delivered, or when such check or other
16    order is presented for payment and dishonored on each of 2
17    occasions at least 7 days apart. In this paragraph (B)(1),
18    "property" includes rental property (real or personal).
19        (2) He or she issues or delivers a check or other order
20    upon a real or fictitious depository in an amount
21    exceeding $150 in payment of an amount owed on any credit
22    transaction for property, labor or services, or in payment
23    of the entire amount owed on any credit transaction for
24    property, labor or services, knowing that it will not be
25    paid by the depository, and thereafter fails to provide
26    funds or credit with the depository in the face amount of

 

 

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1    the check or order within 7 days of receiving actual
2    notice from the depository or payee of the dishonor of the
3    check or order.
 
4(C) Bank-related fraud.
5    (1) False statement.
6    A person commits false statement bank fraud if he or she,
7with intent to defraud, makes or causes to be made any false
8statement in writing in order to obtain an account with a bank
9or other financial institution, or to obtain credit from a
10bank or other financial institution, or to obtain services
11from a currency exchange, knowing such writing to be false,
12and with the intent that it be relied upon.
13    For purposes of this subsection (C), a false statement
14means any false statement representing identity, address, or
15employment, or the identity, address, or employment of any
16person, firm, or corporation.
17    (2) Possession of stolen or fraudulently obtained checks.
18    A person commits possession of stolen or fraudulently
19obtained checks when he or she possesses, with the intent to
20obtain access to funds of another person held in a real or
21fictitious deposit account at a financial institution, makes a
22false statement or a misrepresentation to the financial
23institution, or possesses, transfers, negotiates, or presents
24for payment a check, draft, or other item purported to direct
25the financial institution to withdraw or pay funds out of the

 

 

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1account holder's deposit account with knowledge that such
2possession, transfer, negotiation, or presentment is not
3authorized by the account holder or the issuing financial
4institution. A person shall be deemed to have been authorized
5to possess, transfer, negotiate, or present for payment such
6item if the person was otherwise entitled by law to withdraw or
7recover funds from the account in question and followed the
8requisite procedures under the law. If the account holder,
9upon discovery of the withdrawal or payment, claims that the
10withdrawal or payment was not authorized, the financial
11institution may require the account holder to submit an
12affidavit to that effect on a form satisfactory to the
13financial institution before the financial institution may be
14required to credit the account in an amount equal to the amount
15or amounts that were withdrawn or paid without authorization.
16    (3) Possession of implements of check fraud.
17    A person commits possession of implements of check fraud
18when he or she possesses, with the intent to defraud and
19without the authority of the account holder or financial
20institution, any check imprinter, signature imprinter, or
21"certified" stamp.
 
22    (D) Sentence.
23        (1) The commission of a deceptive practice in
24    violation of this Section, except as otherwise provided by
25    this subsection (D), is a Class A misdemeanor.

 

 

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1        (2) For purposes of paragraphs (A)(1) and (B)(1):
2            (a) The commission of a deceptive practice in
3        violation of paragraph (A)(1) or (B)(1), when the
4        value of the property so obtained, in a single
5        transaction or in separate transactions within a
6        90-day period, exceeds $150, is a Class 4 felony. In
7        the case of a prosecution for separate transactions
8        totaling more than $150 within a 90-day period, those
9        separate transactions shall be alleged in a single
10        charge and prosecuted in a single prosecution.
11            (b) The commission of a deceptive practice in
12        violation of paragraph (B)(1) a second or subsequent
13        time is a Class 4 felony.
14        (3) For purposes of paragraph (C)(2), a person who,
15    within any 12-month period, violates paragraph (C)(2) with
16    respect to 3 or more checks or orders for the payment of
17    money at the same time or consecutively, each the property
18    of a different account holder or financial institution, is
19    guilty of a Class 4 felony.
20        (4) For purposes of paragraph (C)(3), a person who
21    within any 12-month period violates paragraph (C)(3) as to
22    possession of 3 or more such devices at the same time or
23    consecutively is guilty of a Class 4 felony.
 
24    (E) Civil liability. A person who issues a check or order
25to a payee in violation of paragraph (B)(1) and who fails to

 

 

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1pay the amount of the check or order to the payee within 30
2days following either delivery and acceptance by the addressee
3of a written demand both by certified mail and by first class
4mail to the person's last known address or attempted delivery
5of a written demand sent both by certified mail and by first
6class mail to the person's last known address and the demand by
7certified mail is returned to the sender with a notation that
8delivery was refused or unclaimed shall be liable to the payee
9or a person subrogated to the rights of the payee for, in
10addition to the amount owing upon such check or order, damages
11of treble the amount so owing, but in no case less than $100
12nor more than $1,500, plus attorney's fees and court costs. An
13action under this subsection (E) may be brought in small
14claims court or in any other appropriate court. As part of the
15written demand required by this subsection (E), the plaintiff
16shall provide written notice to the defendant of the fact that
17prior to the hearing of any action under this subsection (E),
18the defendant may tender to the plaintiff and the plaintiff
19shall accept, as satisfaction of the claim, an amount of money
20equal to the sum of the amount of the check and the incurred
21court costs, including the cost of service of process, and
22attorney's fees.
23(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)