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91_HB2848eng HB2848 Engrossed LRB9105366RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 17-1. 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 Section 17-1 as follows: 7 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) 8 Sec. 17-1. Deceptive practices. (A) As used in this 9 Section: 10 (i) A financial institution means any bank, savings and 11 loan association, credit union, or other depository of money, 12 or medium of savings and collective investment. 13 (ii) An account holder is any person, having a checking 14 account or savings account in a financial institution. 15 (iii) To act with the "intent to defraud" means to act 16 wilfully, and with the specific intent to deceive or cheat, 17 for the purpose of causing financial loss to another, or to 18 bring some financial gain to oneself. It is not necessary to 19 establish that any person was actually defrauded or deceived. 20 (B) General Deception 21 A person commits a deceptive practice when, with intent to 22 defraud: 23 (a) He causes another, by deception or threat to execute 24 a document disposing of property or a document by which a 25 pecuniary obligation is incurred, or 26 (b) Being an officer, manager or other person 27 participating in the direction of a financial institution, he 28 knowingly receives or permits the receipt of a deposit or 29 other investment, knowing that the institution is insolvent, 30 or 31 (c) He knowingly makes or directs another to make a HB2848 Engrossed -2- LRB9105366RCks 1 false or deceptive statement addressed to the public for the 2 purpose of promoting the sale of property or services, or 3 (d) With intent to obtain control over property or to 4 pay for property, labor or services of another, or in 5 satisfaction of an obligation for payment of tax under the 6 Retailers' Occupation Tax Act or any other tax due to the 7 State of Illinois, any payment to the circuit clerk, court 8 ordered child support payment or court ordered maintenance 9 payment, he issues or delivers a check or other order upon a 10 real or fictitious depository for the payment of money, 11 knowing that it will not be paid by the depository. Failure 12 to have sufficient funds or credit with the depository when 13 the check or other order is issued or delivered, or when such 14 check or other order is presented for payment and dishonored 15 on each of 2 occasions at least 7 days apart, is prima facie 16 evidence that the offender knows that it will not be paid by 17 the depository, and that he has the intent to defraud. 18 (e) He issues or delivers a check or other order upon a 19 real or fictitious depository in an amount exceeding $150 in 20 payment of an amount owed on any credit transaction for 21 property, labor or services, or in payment of the entire 22 amount owed on any credit transaction for property, labor or 23 services, knowing that it will not be paid by the depository, 24 and thereafter fails to provide funds or credit with the 25 depository in the face amount of the check or order within 26 seven days of receiving actual notice from the depository or 27 payee of the dishonor of the check or order. 28 Sentence. 29 A person convicted of deceptive practice under paragraphs 30 (a) through (e) of this subsection (B), except as otherwise 31 provided by this Section, is guilty of a Class A misdemeanor. 32 A person convicted of a deceptive practice in violation 33 of paragraph (d) a second or subsequent time shall be guilty 34 of a Class 4 felony. HB2848 Engrossed -3- LRB9105366RCks 1 A person convicted of deceptive practices in violation of 2 paragraph (d), when the value of the property so obtained, in 3 a single transaction, or in separate transactions within a 90 4 day period, exceeds $150, shall be guilty of a Class 4 5 felony. In the case of a prosecution for separate 6 transactions totaling more than $150 within a 90 day period, 7 such separate transactions shall be alleged in a single 8 charge and provided in a single prosecution. 9 (C) Deception on a Bank or Other Financial Institution 10 False Statements 11 1) Any person who, with the intent to defraud, makes or 12 causes to be made, any false statement in writing in order to 13 obtain an account with a bank or other financial institution, 14 or to obtain credit from a bank or other financial 15 institution, knowing such writing to be false, and with the 16 intent that it be relied upon, is guilty of a Class A 17 misdemeanor. 18 For purposes of this subsection (C), a false statement 19 shall mean any false statement representing identity, 20 address, or employment, or the identity, address or 21 employment of any person, firm or corporation. 22 Possession of Stolen or Fraudulently Obtained Checks 23 2) Any person who possesses, with the intent to defraud, 24 any check or order for the payment of money, upon a real or 25 fictitious account, without the consent of the account 26 holder, or the issuing financial institution, is guilty of a 27 Class A misdemeanor. 28 Any person who, within any 12 month period, violates this 29 Section with respect to 3 or more checks or orders for the 30 payment of money at the same time or consecutively, each the 31 property of a different account holder or financial 32 institution, is guilty of a Class 4 felony. 33 3) Possession of Implements of Check Fraud. Any person 34 who possesses, with the intent to defraud, and without the HB2848 Engrossed -4- LRB9105366RCks 1 authority of the account holder or financial institution any 2 check imprinter, signature imprinter, or "certified" stamp is 3 guilty of a Class A misdemeanor. 4 A person who within any 12 month period violates this 5 subsection (C) as to possession of 3 or more such devices at 6 the same time or consecutively, is guilty of a Class 4 7 felony. 8 Possession of Identification Card 9 4) Any person, who with the intent to defraud, possesses 10 any check guarantee card or key card or identification card 11 for cash dispensing machines without the authority of the 12 account holder or financial institution, is guilty of a Class 13 A misdemeanor. 14 A person who, within any 12 month period, violates this 15 Section at the same time or consecutively with respect to 3 16 or more cards, each the property of different account 17 holders, is guilty of a class 4 felony. 18 A person convicted under this Section, when the value of 19 property so obtained, in a single transaction, or in separate 20 transactions within any 90 day period, exceeds $150 shall be 21 guilty of a Class 4 felony. 22 (Source: P.A. 84-897.) 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.