Bill Status of HB2412  103rd General Assembly

Short Description:  CRIM CD-BAD CHECK DIVERSION

House Sponsors
Rep. Ed Sullivan, Jr. - Tom Cross - John J. Millner - Thomas Holbrook - Barbara Flynn Currie, Patricia Bailey, Maria Antonia Berrios, Susana Mendoza, Chapin Rose, Monique D. Davis, Eddie Washington, JoAnn D. Osmond, Robert S. Molaro, James H. Meyer, Michael P. McAuliffe, Mark H. Beaubien, Jr., Frank Aguilar and Rosemary Mulligan

Senate Sponsors
(Sen. James F. Clayborne, Jr.)

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/17-1b new


Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that a State's Attorney may create within his or her office a bad check diversion program for offenders who agree to voluntarily participate in the program instead of undergoing prosecution. Provides that the program may be conducted by the State's Attorney or by a private entity under contract with the State's Attorney. Provides that the bad check diversion program may require an offender to: (1) pay for, at his or her own expense, and successfully complete an educational class held by the State's Attorney or a private entity under contract with the State's Attorney; (2) make full restitution for the offense; (3) pay a per-check administrative fee. Provides that the State's Attorney, or private entity under contract with the State's Attorney, may recover, in addition to the face amount of the dishonored check or draft, a transaction fee to defray the costs and expenses incurred by a victim who received a dishonored check that was made or delivered by the offender. Provides that the transaction fee shall be paid to the victim as restitution for the offense.

House Floor Amendment No. 1
Provides that these private entities must maintain adequate liability insurance of $1,000,000 per occurrence and adequate coverage for potential loss resulting from employee dishonesty. Establishes grounds for the State's Attorney to revoke a contract with a private entity to operate a bad check diversion program. Provides that the State's Attorney must annually audit the program. Provides that funds of the program must be maintained in a special trust account. Provides that the information obtained by the private entity is confidential between the entity and the State's Attorney. Eliminates the provision that permits the State's Attorney or private entity under contract to collect an administrative fee to pay for the costs of the program. Provides that the State's Attorney shall resolve grievances between an offender and the private entity contracted to operate the bad check diversion program.

Actions 
DateChamber Action
  2/20/2003HouseFiled with the Clerk by Rep. Tom Cross
  2/20/2003HouseFirst Reading
  2/20/2003HouseReferred to Rules Committee
  2/26/2003HouseAssigned to Judiciary II - Criminal Law Committee
  3/6/2003HouseAdded Chief Co-Sponsor Rep. John J. Millner
  3/6/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/6/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/13/2003HouseChief Sponsor Changed to Rep. Ed Sullivan, Jr.
  3/13/2003HouseAdded Chief Co-Sponsor Rep. Tom Cross
  3/21/2003HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Ed Sullivan, Jr.
  3/21/2003HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/21/2003HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  3/26/2003HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/26/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  3/26/2003HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/26/2003HouseAdded Co-Sponsor Rep. Susana Mendoza
  3/26/2003HouseAdded Co-Sponsor Rep. Chapin Rose
  3/26/2003HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/27/2003HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/27/2003HouseAdded Co-Sponsor Rep. Eddie Washington
  3/27/2003HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  3/27/2003HouseAdded Co-Sponsor Rep. Robert S. Molaro
  3/27/2003HouseAdded Co-Sponsor Rep. James H. Meyer
  3/27/2003HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  3/27/2003HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  3/27/2003HouseSecond Reading - Short Debate
  3/27/2003HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/27/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/28/2003HouseAdded Co-Sponsor Rep. Frank Aguilar
  3/28/2003HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  3/28/2003HouseThird Reading - Short Debate - Passed 110-006-001
  4/2/2003SenateArrive in Senate
  4/2/2003SenatePlaced on Calendar Order of First Reading April 3, 2003
  4/7/2003SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  4/8/2003SenateFirst Reading
  4/8/2003SenateReferred to Rules
  1/11/2005HouseSession Sine Die