HB3613 97TH GENERAL ASSEMBLY

LRB097 08529 RLC 48656 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3613

Introduced 2/24/2011, by Rep. David Harris - Sidney H. Mathias - Renée Kosel - Sandra M. Pihos - Richard Morthland

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-1.4 new
720 ILCS 5/33E-16

Amends the Criminal Code of 1961. Creates the offense of theft of public funds. Provides that a person commits the offense when he or she: (1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district; or (2) receives, conceals, or retains the record, voucher, money, thing of value, or property of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted. Establishes penalties based on the value of the property unlawfully obtained. Changes the statute concerning misapplication of funds. Includes embezzling, stealing, obtaining by fraud, or otherwise without authority knowingly converting to the use of any person other than the rightful owner or intentionally misapplying, property that is owned by, or is under the care, custody, or control of the State of Illinois or of any agency of the State, a unit of local government, or school district.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 33E-16 and by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Theft of public funds.

(a) A person commits theft of public funds when he or she:

(1) embezzles, steals, purloins, obtains by fraud, or knowingly converts to his or her use or the use of another, or without authority sells, conveys, or disposes of, any record, voucher, money, or thing of value of the State of Illinois or any department or agency of the State, or of any unit of local government or school district, or any property made or being made under contract for the State of Illinois or any department or agency of the State, or any unit of local government or school district; or

(2) receives, conceals, or retains the record, voucher, money, thing of value, or property described in paragraph (1) with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, obtained by fraud, or converted.

(b) For the purposes of this Section, "value" means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

(c) Sentence.

(1) Theft of public funds involving property not exceeding $300 in value is a Class 4 felony.

(2) Theft of public funds involving property exceeding $300 and not exceeding $10,000 in value, is a Class 2 felony.

(3) Theft of public funds involving property exceeding $10,000 and not exceeding $100,000 in value is a Class 1 felony.

(4) Theft of public funds involving property exceeding $100,000 in value is a Class X felony.

(720 ILCS 5/33E-16)

Sec. 33E-16. Misapplication of funds. Whoever, being an officer, director, agent, or employee of, or affiliated in any capacity with the State of Illinois or any agency of the State, or any unit of local government or school district, embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that is owned by, or is under the care, custody, or control of the State of Illinois or of any agency of the State, a unit of local government, or school district , willfully misapplies any of the moneys, funds, or credits of the unit of local government or school district is guilty of a Class 3 felony.

(Source: P.A. 90-800, eff. 1-1-99.)