96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3645

 

Introduced 2/11/2010, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 515/5   from Ch. 121 1/2, par. 1605

    Amends the Home Repair Fraud Act. Provides that a person commits the offense of aggravated home repair fraud when he commits home repair fraud in connection with a home repair project intended to assist a disabled person. Provides that aggravated home repair involving misrepresentation or deception is a Class 3 (instead of Class 4) felony when the amount of the contract or agreement is $500 or less and a Class 2 (instead of Class 3) felony for a second or subsequent offense when the amount of the contract or agreement is $500 or less. Effective immediately.


LRB096 20744 DRJ 36488 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3645 LRB096 20744 DRJ 36488 b

1     AN ACT concerning business.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Home Repair Fraud Act is amended by changing
5 Section 5 as follows:
 
6     (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)
7     Sec. 5. Aggravated Home Repair Fraud. A person commits the
8 offense of aggravated home repair fraud when he commits home
9 repair fraud:
10         (i) against a person 60 years of age or older or a
11     disabled person as defined in Section 16-1.3 of the
12     Criminal Code of 1961; or
13         (ii) in connection with a home repair project intended
14     to assist a disabled person.
15     (a) Aggravated violation of paragraphs (1) or (2) of
16 subsection (a) of Section 3 of this Act shall be a Class 2
17 felony when the amount of the contract or agreement is more
18 than $500, a Class 3 4 felony when the amount of the contract
19 or agreement is $500 or less, and a Class 2 3 felony for a
20 second or subsequent offense when the amount of the contract or
21 agreement is $500 or less. If 2 or more contracts or agreements
22 for home repair exceed an aggregate amount of $500 or more and
23 such contracts or agreements are entered into with the same

 

 

SB3645 - 2 - LRB096 20744 DRJ 36488 b

1 victim by one or more of the defendants as part of or in
2 furtherance of a common fraudulent scheme, design or intention,
3 the violation shall be a Class 2 felony.
4     (b) Aggravated violation of paragraph (3) of subsection (a)
5 of Section 3 of this Act shall be a Class 2 felony when the
6 amount of the contract or agreement is more than $5,000 and a
7 Class 3 felony when the amount of the contract or agreement is
8 $5,000 or less.
9     (c) Aggravated violation of paragraph (4) of subsection (a)
10 of Section 3 of this Act shall be a Class 3 felony when the
11 amount of the contract or agreement is more than $500, a Class
12 4 felony when the amount of the contract or agreement is $500
13 or less and a Class 3 felony for a second or subsequent offense
14 when the amount of the contract or agreement is $500 or less.
15     (d) Aggravated violation of paragraphs (1) or (2) of
16 subsection (b) of Section 3 of this Act shall be a Class 3
17 felony.
18     (e) If a person commits aggravated home repair fraud, then
19 any State or local license or permit held by that person that
20 relates to the business of home repair may be appropriately
21 suspended or revoked by the issuing authority, commensurate
22 with the severity of the offense.
23     (f) A defense to aggravated home repair fraud does not
24 exist merely because the accused reasonably believed the victim
25 to be a person less than 60 years of age.
26 (Source: P.A. 93-542, eff. 1-1-04.)
 

 

 

SB3645 - 3 - LRB096 20744 DRJ 36488 b

1     Section 99. Effective date. This Act takes effect upon
2 becoming law.