HB2691eng 98TH GENERAL ASSEMBLY

HB2691 Engrossed LRB098 09363 RLC 39504 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 2012 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.

(a) 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 commits misapplication of funds when he or she 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 knowingly misapplies any of the moneys, funds, or credits of the unit of local government or school district.

(b) Sentence. Misapplication of funds is a Class 3 felony.

(Source: P.A. 97-1108, eff. 1-1-13.)

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