Illinois 2023-2024 Regular Session

Illinois House Bill HB2566 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-1 from Ch. 38, par. 17-1 Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor. LRB103 25855 RLC 52206 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/17-1 from Ch. 38, par. 17-1 Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor. LRB103 25855 RLC 52206 b LRB103 25855 RLC 52206 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/17-1 from Ch. 38, par. 17-1
4	4	720 ILCS 5/17-1 from Ch. 38, par. 17-1
5	5	Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor.
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8	8	A BILL FOR
9	9	HB2566LRB103 25855 RLC 52206 b HB2566 LRB103 25855 RLC 52206 b
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11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 17-1 as follows:
16	16	6 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
17	17	7 Sec. 17-1. Deceptive practices.
18	18	8 (A) General deception.
19	19	9 A person commits a deceptive practice when, with intent to
20	20	10 defraud, the person does any of the following:
21	21	11 (1) He or she knowingly causes another, by deception
22	22	12 or threat, to execute a document disposing of property or
23	23	13 a document by which a pecuniary obligation is incurred.
24	24	14 (2) Being an officer, manager or other person
25	25	15 participating in the direction of a financial institution,
26	26	16 he or she knowingly receives or permits the receipt of a
27	27	17 deposit or other investment, knowing that the institution
28	28	18 is insolvent.
29	29	19 (3) He or she knowingly makes a false or deceptive
30	30	20 statement addressed to the public for the purpose of
31	31	21 promoting the sale or lease of property or services.
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35	35	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
36	36	720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/17-1 from Ch. 38, par. 17-1
37	37	720 ILCS 5/17-1 from Ch. 38, par. 17-1
38	38	Amends the Criminal Code of 2012. Provides that a person commits a deceptive practice when he or she knowingly makes a false or deceptive statement addressed to the public for the purpose of promoting the sale or lease (rather than only the sale) of property or services. Provides that a violation is a Class A misdemeanor.
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41	41	A BILL FOR
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66	66	1 (B) Bad checks.
67	67	2 A person commits a deceptive practice when:
68	68	3 (1) With intent to obtain control over property or to
69	69	4 pay for property, labor or services of another, or in
70	70	5 satisfaction of an obligation for payment of tax under the
71	71	6 Retailers' Occupation Tax Act or any other tax due to the
72	72	7 State of Illinois, he or she issues or delivers a check or
73	73	8 other order upon a real or fictitious depository for the
74	74	9 payment of money, knowing that it will not be paid by the
75	75	10 depository. The trier of fact may infer that the defendant
76	76	11 knows that the check or other order will not be paid by the
77	77	12 depository and that the defendant has acted with intent to
78	78	13 defraud when the defendant fails to have sufficient funds
79	79	14 or credit with the depository when the check or other
80	80	15 order is issued or delivered, or when such check or other
81	81	16 order is presented for payment and dishonored on each of 2
82	82	17 occasions at least 7 days apart. In this paragraph (B)(1),
83	83	18 "property" includes rental property (real or personal).
84	84	19 (2) He or she issues or delivers a check or other order
85	85	20 upon a real or fictitious depository in an amount
86	86	21 exceeding $150 in payment of an amount owed on any credit
87	87	22 transaction for property, labor or services, or in payment
88	88	23 of the entire amount owed on any credit transaction for
89	89	24 property, labor or services, knowing that it will not be
90	90	25 paid by the depository, and thereafter fails to provide
91	91	26 funds or credit with the depository in the face amount of
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102	102	1 the check or order within 7 days of receiving actual
103	103	2 notice from the depository or payee of the dishonor of the
104	104	3 check or order.
105	105	4 (C) Bank-related fraud.
106	106	5 (1) False statement.
107	107	6 A person commits false statement bank fraud if he or she,
108	108	7 with intent to defraud, makes or causes to be made any false
109	109	8 statement in writing in order to obtain an account with a bank
110	110	9 or other financial institution, or to obtain credit from a
111	111	10 bank or other financial institution, or to obtain services
112	112	11 from a currency exchange, knowing such writing to be false,
113	113	12 and with the intent that it be relied upon.
114	114	13 For purposes of this subsection (C), a false statement
115	115	14 means any false statement representing identity, address, or
116	116	15 employment, or the identity, address, or employment of any
117	117	16 person, firm, or corporation.
118	118	17 (2) Possession of stolen or fraudulently obtained checks.
119	119	18 A person commits possession of stolen or fraudulently
120	120	19 obtained checks when he or she possesses, with the intent to
121	121	20 obtain access to funds of another person held in a real or
122	122	21 fictitious deposit account at a financial institution, makes a
123	123	22 false statement or a misrepresentation to the financial
124	124	23 institution, or possesses, transfers, negotiates, or presents
125	125	24 for payment a check, draft, or other item purported to direct
126	126	25 the financial institution to withdraw or pay funds out of the
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137	137	1 account holder's deposit account with knowledge that such
138	138	2 possession, transfer, negotiation, or presentment is not
139	139	3 authorized by the account holder or the issuing financial
140	140	4 institution. A person shall be deemed to have been authorized
141	141	5 to possess, transfer, negotiate, or present for payment such
142	142	6 item if the person was otherwise entitled by law to withdraw or
143	143	7 recover funds from the account in question and followed the
144	144	8 requisite procedures under the law. If the account holder,
145	145	9 upon discovery of the withdrawal or payment, claims that the
146	146	10 withdrawal or payment was not authorized, the financial
147	147	11 institution may require the account holder to submit an
148	148	12 affidavit to that effect on a form satisfactory to the
149	149	13 financial institution before the financial institution may be
150	150	14 required to credit the account in an amount equal to the amount
151	151	15 or amounts that were withdrawn or paid without authorization.
152	152	16 (3) Possession of implements of check fraud.
153	153	17 A person commits possession of implements of check fraud
154	154	18 when he or she possesses, with the intent to defraud and
155	155	19 without the authority of the account holder or financial
156	156	20 institution, any check imprinter, signature imprinter, or
157	157	21 "certified" stamp.
158	158	22 (D) Sentence.
159	159	23 (1) The commission of a deceptive practice in
160	160	24 violation of this Section, except as otherwise provided by
161	161	25 this subsection (D), is a Class A misdemeanor.
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172	172	1 (2) For purposes of paragraphs (A)(1) and (B)(1):
173	173	2 (a) The commission of a deceptive practice in
174	174	3 violation of paragraph (A)(1) or (B)(1), when the
175	175	4 value of the property so obtained, in a single
176	176	5 transaction or in separate transactions within a
177	177	6 90-day period, exceeds $150, is a Class 4 felony. In
178	178	7 the case of a prosecution for separate transactions
179	179	8 totaling more than $150 within a 90-day period, those
180	180	9 separate transactions shall be alleged in a single
181	181	10 charge and prosecuted in a single prosecution.
182	182	11 (b) The commission of a deceptive practice in
183	183	12 violation of paragraph (B)(1) a second or subsequent
184	184	13 time is a Class 4 felony.
185	185	14 (3) For purposes of paragraph (C)(2), a person who,
186	186	15 within any 12-month period, violates paragraph (C)(2) with
187	187	16 respect to 3 or more checks or orders for the payment of
188	188	17 money at the same time or consecutively, each the property
189	189	18 of a different account holder or financial institution, is
190	190	19 guilty of a Class 4 felony.
191	191	20 (4) For purposes of paragraph (C)(3), a person who
192	192	21 within any 12-month period violates paragraph (C)(3) as to
193	193	22 possession of 3 or more such devices at the same time or
194	194	23 consecutively is guilty of a Class 4 felony.
195	195	24 (E) Civil liability. A person who issues a check or order
196	196	25 to a payee in violation of paragraph (B)(1) and who fails to
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207	207	1 pay the amount of the check or order to the payee within 30
208	208	2 days following either delivery and acceptance by the addressee
209	209	3 of a written demand both by certified mail and by first class
210	210	4 mail to the person's last known address or attempted delivery
211	211	5 of a written demand sent both by certified mail and by first
212	212	6 class mail to the person's last known address and the demand by
213	213	7 certified mail is returned to the sender with a notation that
214	214	8 delivery was refused or unclaimed shall be liable to the payee
215	215	9 or a person subrogated to the rights of the payee for, in
216	216	10 addition to the amount owing upon such check or order, damages
217	217	11 of treble the amount so owing, but in no case less than $100
218	218	12 nor more than $1,500, plus attorney's fees and court costs. An
219	219	13 action under this subsection (E) may be brought in small
220	220	14 claims court or in any other appropriate court. As part of the
221	221	15 written demand required by this subsection (E), the plaintiff
222	222	16 shall provide written notice to the defendant of the fact that
223	223	17 prior to the hearing of any action under this subsection (E),
224	224	18 the defendant may tender to the plaintiff and the plaintiff
225	225	19 shall accept, as satisfaction of the claim, an amount of money
226	226	20 equal to the sum of the amount of the check and the incurred
227	227	21 court costs, including the cost of service of process, and
228	228	22 attorney's fees.
229	229	23 (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
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