Full Text of HB2691 98th General Assembly
HB2691eng 98TH GENERAL ASSEMBLY
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)
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.
For the purposes of this Section, "value" means face,
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par, or market value, or cost price, either wholesale or
whichever is greater.
(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
(3) Theft of public funds involving property exceeding
$10,000 and not
exceeding $100,000 in value is a Class 1
(4) Theft of public funds involving property exceeding
$100,000 in value is a Class X felony.
(720 ILCS 5/33E-16)
Misapplication of funds.
(a) An officer,
director, agent, or employee of, or
affiliated in any capacity with
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
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of the moneys, funds, or credits of the unit of local
or school district
(b) Sentence. Misapplication of funds is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
This Act takes effect upon