Full Text of SB3568 96th General Assembly
SB3568enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The State Finance Act is amended by adding | 5 |
| Section 5.755 as follows: | 6 |
| (30 ILCS 105/5.755 new) | 7 |
| Sec. 5.755. The Wage Theft Enforcement Fund. | 8 |
| Section 5. The Code of Criminal Procedure of 1963 is | 9 |
| amended by changing Section 111-4 as follows:
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| (725 ILCS 5/111-4) (from Ch. 38, par. 111-4)
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| Sec. 111-4. Joinder of offenses and defendants.
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| (a) Two or more offenses may be charged in the same | 13 |
| indictment,
information or complaint in a separate count for | 14 |
| each offense if the
offenses charged, whether felonies or | 15 |
| misdemeanors or both, are based on
the same act or on 2 or more | 16 |
| acts which are part of the same comprehensive
transaction.
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| (b) Two or more defendants may be charged in the same | 18 |
| indictment,
information or complaint if they are alleged to | 19 |
| have participated in the
same act or in the same comprehensive | 20 |
| transaction out of which the offense
or offenses arose. Such | 21 |
| defendants may be charged in one or more counts
together or |
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| separately and all of the defendants need not be charged in
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| each count.
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| (c) Two or more acts or transactions in violation of any | 4 |
| provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | 5 |
| 8A-5 of the Illinois
Public Aid Code , Section 14 of the | 6 |
| Illinois Wage Payment and Collection Act , Sections 16-1, 16-2, | 7 |
| 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3,
16B-2, 16C-2, 17-1, 17-3, | 8 |
| 17-6, 17-7, 17-8, 17-9 or 17-10 of the Criminal Code of
1961 | 9 |
| and Section 118 of Division I of the Criminal Jurisprudence | 10 |
| Act, may
be charged as a single offense in a single count of | 11 |
| the same indictment,
information or complaint, if such acts or | 12 |
| transactions by one or more
defendants are in furtherance of a | 13 |
| single intention and design or if the
property, labor or | 14 |
| services obtained are of the same person or are of
several | 15 |
| persons having a common interest in such property, labor or
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| services. In such a charge, the period between the dates of the | 17 |
| first and
the final such acts or transactions may be alleged as | 18 |
| the date of the
offense and, if any such act or transaction by | 19 |
| any defendant was committed
in the county where the prosecution | 20 |
| was commenced, such county may be
alleged as the county of the | 21 |
| offense.
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| (Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09.)
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| Section 10. The Illinois Wage Payment and Collection Act is | 24 |
| amended by changing Sections 11, 13, and 14 as follows:
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| (820 ILCS 115/11) (from Ch. 48, par. 39m-11)
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| Sec. 11. It shall be the duty of the Department of Labor to | 3 |
| inquire diligently
for any violations of this Act, and to | 4 |
| institute the actions for penalties
herein provided, and to | 5 |
| enforce generally the provisions of this Act.
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| An employee may file a complaint with the Department | 7 |
| alleging violations of the Act by submitting a signed, | 8 |
| completed wage claim application on the form provided by the | 9 |
| Department and by submitting copies of all supporting | 10 |
| documentation. Complaints shall be filed within one year after | 11 |
| the wages, final compensation, or wage supplements were due. | 12 |
| Applications shall be reviewed by the Department to | 13 |
| determine whether there is cause for investigation.
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| The Department shall have the following powers:
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| (a) To investigate and attempt equitably to adjust | 16 |
| controversies between
employees and employers in respect | 17 |
| of wage claims arising under this Act
and to that end the | 18 |
| Department through the Director of Labor or any other
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| person in the Department of Labor designated by him or her, | 20 |
| shall have the
power to administer oaths, subpoena and | 21 |
| examine witnesses, to issue subpoenas
duces tecum | 22 |
| requiring the production of such books, papers, records and
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| documents as may be evidence of any matter under inquiry | 24 |
| and to examine and
inspect the same as may relate to the | 25 |
| question in dispute. Service of such
subpoenas shall be | 26 |
| made by any sheriff or any person. Any
court in this State, |
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| upon the application of the Department
may compel | 2 |
| attendance of witnesses, the
production of books and | 3 |
| papers, and the giving of testimony before the
Department | 4 |
| by attachment for contempt or in any other way as the | 5 |
| production
of evidence may be compelled before such court.
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| (b) To take assignments of wage claims in the name of | 7 |
| the Director of
Labor and his or her successors in office | 8 |
| and prosecute actions for the
collection of wages for | 9 |
| persons financially unable to prosecute such claims when in
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| the judgment of the Department such claims are valid and | 11 |
| enforceable in the
courts. No court costs or any fees for | 12 |
| necessary process and
proceedings shall be payable in | 13 |
| advance by the Department for prosecuting
such actions. In | 14 |
| the event there is a judgment rendered against the
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| defendant, the court shall assess as part of such judgment | 16 |
| the costs of
such proceeding. Upon collection of such | 17 |
| judgments the Department shall pay
from the proceeds of | 18 |
| such judgment such costs to such person who is by law
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| entitled to same. The Department may join in a single | 20 |
| proceeding any number
of wage claims against the same | 21 |
| employer but the court shall have
discretionary power to | 22 |
| order a severance or separate trial for hearings.
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| (c) To make complaint in any court of competent | 24 |
| jurisdiction of
violations of this Act.
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| (d) In addition to the aforementioned powers, subject | 26 |
| to appropriation, the Department may establish an |
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| administrative procedure to adjudicate claims or specific | 2 |
| categories of claims filed with the Department for $3,000 | 3 |
| or less per individual employee, exclusive of penalties, | 4 |
| costs and fines, including instances where an employer | 5 |
| fails to timely respond to a notice of claim issued by the | 6 |
| Department; and to issue final and binding administrative | 7 |
| decisions on such claims subject to the Administrative | 8 |
| Review Law. To establish such a procedure, the Director of | 9 |
| Labor or her or his authorized representative may | 10 |
| promulgate rules and regulations. The adoption, amendment | 11 |
| or rescission of rules and regulations for such a procedure | 12 |
| shall be in conformity with the requirements of the | 13 |
| Illinois Administrative Procedure Act. | 14 |
| Nothing herein shall be construed to prevent any employee | 15 |
| from making
complaint or prosecuting his or her own claim for | 16 |
| wages. Any employee aggrieved by a violation of this Act or any | 17 |
| rule adopted under this Act may file suit in circuit court of | 18 |
| Illinois, in the county where the alleged violation occurred or | 19 |
| where any employee who is party to the action resides, without | 20 |
| regard to exhaustion of any alternative administrative | 21 |
| remedies provided in this Act. Actions may be brought by one or | 22 |
| more employees for and on behalf of themselves and other | 23 |
| employees similarly situated.
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| Nothing herein shall be construed to limit the authority of | 25 |
| the State's
attorney of any county to prosecute actions for | 26 |
| violation of this Act or
to enforce the provisions thereof |
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| independently and without specific direction
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| of Labor.
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| (Source: P.A. 95-209, eff. 8-16-07.)
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| (820 ILCS 115/13) (from Ch. 48, par. 39m-13)
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| Sec. 13.
In addition to an individual who is deemed to be | 6 |
| an employer pursuant to Section 2 of this Act, any Any officers | 7 |
| of a corporation or agents of an employer who knowingly
permit | 8 |
| such employer to violate the provisions of this Act shall be | 9 |
| deemed
to be the employers of the employees of the corporation.
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| (Source: P.A. 78-914.)
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| (820 ILCS 115/14) (from Ch. 48, par. 39m-14)
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| Sec. 14. | 13 |
| (a) Any employee not timely paid wages, final compensation, | 14 |
| or wage supplements by his or her employer as required by this | 15 |
| Act shall be entitled to recover through a claim filed with the | 16 |
| Department of Labor or in a civil action, but not both, the | 17 |
| amount of any such underpayments and damages of 2% of the | 18 |
| amount of any such underpayments for each month following the | 19 |
| date of payment during which such underpayments remain unpaid. | 20 |
| In a civil action, such employee shall also recover costs and | 21 |
| all reasonable attorney's fees. | 22 |
| (a-5) In addition to the remedies provided in subsections | 23 |
| (a), (b), and (c) of this Section, any Any employer or any | 24 |
| agent of an employer, who, being able to pay wages,
final |
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| compensation, or wage supplements and being under a duty to | 2 |
| pay,
wilfully refuses to pay as provided in this Act, or | 3 |
| falsely denies the
amount or validity thereof or that the same | 4 |
| is due, with intent to secure
for himself or other person any | 5 |
| underpayment of such indebtedness or with
intent to annoy, | 6 |
| harass, oppress, hinder, delay or defraud the person to
whom | 7 |
| such indebtedness is due, upon conviction, is guilty of : | 8 |
| (1) for unpaid wages, final compensation or wage | 9 |
| supplements in the amount of $5,000 or less, a Class B | 10 |
| misdemeanor; or | 11 |
| (2) for unpaid wages, final compensation or wage | 12 |
| supplements in the amount of more than $5,000, a Class A | 13 |
| misdemeanor a Class C
misdemeanor . | 14 |
| Each day during which any violation of this Act continues
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| shall constitute a separate and distinct offense.
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| Any employer or any agent of an employer who violates this | 17 |
| Section of the Act a subsequent time within 2 years of a prior | 18 |
| criminal conviction under this Section is guilty, upon | 19 |
| conviction, of a Class 4 felony. | 20 |
| (b) Any employer who has been demanded or ordered by the | 21 |
| Department Director of Labor or ordered by the court
to pay | 22 |
| wages , final compensation, or wage supplements due an employee | 23 |
| shall be required to pay a non-waivable administrative fee of | 24 |
| $250 to the Department of Labor. Any employer who has been so | 25 |
| demanded or ordered by the Department or ordered by a court to | 26 |
| pay such wages, final compensation, or wage supplements and who |
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| fails to seek timely review of such a demand or order as | 2 |
| provided for under this Act and who fails to comply within 15 | 3 |
| calendar days after such demand or within 35 days of an | 4 |
| administrative or court order is entered shall also be liable | 5 |
| to pay a penalty to the Department of Labor of 20% of the | 6 |
| amount found owing and a penalty to the employee of 1% per | 7 |
| calendar day of the amount found owing for each day of delay in | 8 |
| paying such wages to the employee. All moneys recovered as fees | 9 |
| and civil penalties under this Act, except those owing to the | 10 |
| affected employee, shall be deposited into the Wage Theft | 11 |
| Enforcement Fund, a special fund which is hereby created in the | 12 |
| State treasury. Moneys in the Fund may be used only for | 13 |
| enforcement of this Act. and who shall fail to do so within 15 | 14 |
| days
after such demand or order is entered shall be liable to | 15 |
| pay a penalty of 1% per
calendar day to the employee for each | 16 |
| day of delay in paying such wages to
the employee up to an | 17 |
| amount equal to twice the sum of unpaid wages due the
employee. | 18 |
| Such employer shall also be liable to the Department of Labor | 19 |
| for 20% of such unpaid wages.
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| (b-5) Penalties and fees under this Section may be assessed | 21 |
| by the Department and recovered in a civil action brought by | 22 |
| the Department Director in any circuit court or in any | 23 |
| administrative adjudicative proceeding under this Act . In any | 24 |
| such civil action or administrative adjudicative proceeding | 25 |
| under this Act this litigation , the Department Director of | 26 |
| Labor shall be represented by the Attorney General.
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| (c) Any employer, or any agent of an employer, who | 2 |
| knowingly discharges
or in any other manner knowingly | 3 |
| discriminates against any employee because
that employee
has | 4 |
| made a complaint to his employer, or to the Director of Labor | 5 |
| or his
authorized representative, in a public hearing, or to a | 6 |
| community organization that he or she has not been paid in | 7 |
| accordance
with the provisions of this Act, or because that | 8 |
| employee has caused to
be instituted any proceeding under or | 9 |
| related to this Act, or because that
employee has testified or | 10 |
| is about to testify in an investigation or proceeding
under | 11 |
| this Act, is guilty, upon conviction, of a Class C misdemeanor. | 12 |
| An employee who has been unlawfully retaliated against shall be | 13 |
| entitled to recover through a claim filed with the Department | 14 |
| of Labor or in a civil action, but not both, all legal and | 15 |
| equitable relief as may be appropriate. In a civil action, such | 16 |
| employee shall also recover costs and all reasonable attorney's | 17 |
| fees.
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| (Source: P.A. 94-1025, eff. 7-14-06; 95-209, eff. 8-16-07.)
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