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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1305enr HB1305 Enrolled LRB9101090RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 46-1, 46-1.1, 46-2, and 46-5. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Sections 46-1, 46-1.1, 46-2, and 46-5 as follows: 7 (720 ILCS 5/46-1) 8 Sec. 46-1. Insurance fraud. 9 (a) A person commits the offense of insurance fraud when 10 he or she knowingly obtains, attempts to obtain, or causes to 11 be obtained, by deception, control over the property of an 12 insurance company or self-insured entity by the making of a 13 false claim or by causing a false claim to be made on any 14 policy of insurance issued by an insurance company or by the 15 making of a false claim to a self-insured entity, intending 16 to deprive an insurance company or self-insured entity 17 permanently of the use and benefit of that property. 18 (b) Sentence. 19 (1) A violation of this Section in which the value 20 of the property obtained or attempted to be obtained is 21 $300 or less is a Class A misdemeanor. 22 (2) A violation of the Section in which the value 23 of the property obtained or attempted to be obtained is 24 more than $300 but not more than $10,000 is a Class 3 25 felony. 26 (3) A violation of this Section in which the value 27 of the property obtained or attempted to be obtained is 28 more than $10,000 but not more than $100,000 is a Class 2 29 felony. 30 (4) A violation of this Section in which the value 31 of the property obtained or attempted to be obtained is HB1305 Enrolled -2- LRB9101090RCks 1 more than $100,000 is a Class 1 felony. 2 (c) For the purposes of this Article, where the exact 3 value of property obtained or attempted to be obtained is 4 either not alleged by the accused or not specifically set by 5 the terms of a policy of insurance, the value of the property 6 shall be the fair market replacement value of the property 7 claimed to be lost, the reasonable costs of reimbursing a 8 vendor or other claimant for services to be rendered, or 9 both. 10 (d) Definitions. For the purposes of this Article: 11 (1) "Insurance company" means "company" as defined 12 under Section 2 of the Illinois Insurance Code. 13 (2) "Self-insured entity" means any person, 14 business, partnership, corporation, or organization that 15 sets aside funds to meet his, her, or its losses or to 16 absorb fluctuations in the amount of loss, the losses 17 being charged against the funds set aside or accumulated. 18 (3) "Obtain", "obtains control", "deception", 19 "property" and "permanent deprivation" have the meanings 20 ascribed to those terms in Article 15 of this Code. 21 (4) "Governmental entity" means each officer, 22 board, commission, and agency created by the 23 constitution, whether in the executive, legislative, or 24 judicial branch of State government; each officer, 25 department, board, commission, agency, institution, 26 authority, university, and body politic and corporate of 27 the State; each administrative unit or corporate 28 outgrowth of State government that is created by or 29 pursuant to statute, including units of local government 30 and their officers, school districts, and boards of 31 election commissioners; and each administrative unit or 32 corporate outgrowth of the above and as may be created by 33 executive order of the Governor. 34 (5) "False claim" means any statement made to any HB1305 Enrolled -3- LRB9101090RCks 1 insurer, purported insurer, servicing corporation, insurance 2 broker, or insurance agent, or any agent or employee of the 3 entities, and made as part of, or in support of, a claim for 4 payment or other benefit under a policy of insurance, or as 5 part of, or in support of, an application for the issuance 6 of, or the rating of, any insurance policy, when the 7 statement contains any false, incomplete, or misleading 8 information concerning any fact or thing material to the 9 claim, or conceals the occurrence of an event that is 10 material to any person's initial or continued right or 11 entitlement to any insurance benefit or payment, or the 12 amount of any benefit or payment to which the person is 13 entitled. 14 (6) "Statement" means any assertion, oral, written, or 15 otherwise, and includes, but is not limited to, any notice, 16 letter, or memorandum; proof of loss; bill of lading; receipt 17 for payment; invoice, account, or other financial statement; 18 estimate of property damage; bill for services; diagnosis or 19 prognosis; prescription; hospital, medical or dental chart or 20 other record, x-ray, photograph, videotape, or movie film; 21 test result; other evidence of loss, injury, or expense; 22 computer-generated document; and data in any form. 23 (Source: P.A. 90-333, eff. 1-1-98.) 24 (720 ILCS 5/46-1.1) 25 Sec. 46-1.1. Fraud on a governmental entity. 26 (a) A person commits the offense of fraud on a 27 governmental entity when he or she knowingly obtains, 28 attempts to obtain, or causes to be obtained, by deception, 29 control over the property of any governmental entity by the 30 making of a false claim of bodily injury or of damage to or 31 loss or theft of property or by causing a false claim of 32 bodily injury or of damage to or loss or theft of property to 33 be made against the governmental entity, intending to deprive HB1305 Enrolled -4- LRB9101090RCks 1 the governmental entity permanently of the use and benefit of 2 that property. 3 (b) Sentence. 4 (1) A violation of this Section in which the value 5 of the property obtained or attempted to be obtained is 6 $300 or less is a Class A misdemeanor. 7 (2) A violation of this Section in which the value 8 of the property obtained or attempted to be obtained is 9 more than $300 but not more than $10,000 is a Class 3 10 felony. 11 (3) A violation of this Section in which the value 12 of the property obtained or attempted to be obtained is 13 more than $10,000 but not more than $100,000 is a Class 2 14 felony. 15 (4) A violation of this Section in which the value 16 of the property obtained or attempted to be obtained is 17 more than $100,000 is a Class 1 felony. 18 (Source: P.A. 90-333, eff. 1-1-98.) 19 (720 ILCS 5/46-2) 20 Sec. 46-2. Aggravated fraud. 21 (a) A person commits the offense of aggravated fraud 22 when he or she, within an 18 month period, obtains, attempts 23 to obtain, or causes to be obtained, by deception, control 24 over the property of an insurance company or insurance 25 companies, a self-insured entity or self-insured entities, or 26 any governmental entity or governmental entities by the 27 making of 3 or more false claims or by causing 3 or more 28 false claims to be made arising out of separate incidents or 29 transactions in violation of Section 46-1 or 46-1.1 of this 30 Code. 31 (b) Sentence. A violation of this Section is a Class 1 32 felony, regardless of the value of the property obtained, 33 attempted to be obtained, or caused to be obtained. HB1305 Enrolled -5- LRB9101090RCks 1 (Source: P.A. 90-333, eff. 1-1-98.) 2 (720 ILCS 5/46-5) 3 Sec. 46-5. Civil damages for insurance fraud or fraud on 4 a governmental entity. 5 (a) A person who knowingly obtains, attempts to obtain, 6 or causes to be obtained, by deception, control over the 7 property of any insurance company by the making of a false 8 claim or by causing a false claim to be made on a policy of 9 insurance issued by an insurance company, or by the making of 10 a false claim or by causing a false claim to be made to a 11 self-insured entity intending to deprive an insurance company 12 or self-insured entity permanently of the use and benefit of 13 that property, shall be civilly liable to the insurance 14 company or self-insured entity that paid the claim or against 15 whom the claim was made or to the subrogee of that insurance 16 company or self-insured entity in an amount equal to either 3 17 times the value of the property wrongfully obtained or, if no 18 property was wrongfully obtained, twice the value of the 19 property attempted to be obtained, whichever amount is 20 greater, plus reasonable attorneys fees. A person who 21 knowingly obtains, attempts to obtain, or causes to be 22 obtained, by deception, control over the property of a 23 governmental entity by the making of a false claim of bodily 24 injury or of damage to or loss or theft of property, 25 intending to deprive the governmental entity permanently of 26 the use and benefit of that property, shall be civilly liable 27 to the governmental entity that paid the claim or against 28 whom the claim was made or to the subrogee of the 29 governmental entity in an amount equal to either 3 times the 30 value of the property wrongfully obtained or, if property was 31 not wrongfully obtained, twice the value of the property 32 attempted to be obtained, whichever amount is greater, plus 33 reasonable attorneys fees. HB1305 Enrolled -6- LRB9101090RCks 1 (b) An insurance company or self-insured entity that 2 brings an action against a person under subsection (a) of 3 this Section in bad faith shall be liable to that person for 4 twice the value of the property claimed, plus reasonable 5 attorneys fees. In determining whether an insurance company 6 or self-insured entity acted in bad faith, the court shall 7 relax the rules of evidence to allow for the introduction of 8 any facts or other information on which the insurance company 9 or self-insured entity may have relied in bringing an action 10 under subsection (a) of this Section. 11 (c) For the purposes of this Section, where the exact 12 value of the property attempted to be obtained is either not 13 alleged by the claimant or not specifically set by the terms 14 of a policy of insurance, the value of the property shall be 15 the fair market replacement value of the property claimed to 16 be lost, the reasonable costs of reimbursing a vendor or 17 other claimant for services to be rendered, or both. 18 (Source: P.A. 90-333, eff. 1-1-98.)