Illinois 2023-2024 Regular Session

Illinois House Bill HB2566 Compare Versions

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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
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55 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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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 17-1 as follows:
1616 6 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
1717 7 Sec. 17-1. Deceptive practices.
1818 8 (A) General deception.
1919 9 A person commits a deceptive practice when, with intent to
2020 10 defraud, the person does any of the following:
2121 11 (1) He or she knowingly causes another, by deception
2222 12 or threat, to execute a document disposing of property or
2323 13 a document by which a pecuniary obligation is incurred.
2424 14 (2) Being an officer, manager or other person
2525 15 participating in the direction of a financial institution,
2626 16 he or she knowingly receives or permits the receipt of a
2727 17 deposit or other investment, knowing that the institution
2828 18 is insolvent.
2929 19 (3) He or she knowingly makes a false or deceptive
3030 20 statement addressed to the public for the purpose of
3131 21 promoting the sale or lease of property or services.
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3535 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2566 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
3636 720 ILCS 5/17-1 from Ch. 38, par. 17-1 720 ILCS 5/17-1 from Ch. 38, par. 17-1
3737 720 ILCS 5/17-1 from Ch. 38, par. 17-1
3838 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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6666 1 (B) Bad checks.
6767 2 A person commits a deceptive practice when:
6868 3 (1) With intent to obtain control over property or to
6969 4 pay for property, labor or services of another, or in
7070 5 satisfaction of an obligation for payment of tax under the
7171 6 Retailers' Occupation Tax Act or any other tax due to the
7272 7 State of Illinois, he or she issues or delivers a check or
7373 8 other order upon a real or fictitious depository for the
7474 9 payment of money, knowing that it will not be paid by the
7575 10 depository. The trier of fact may infer that the defendant
7676 11 knows that the check or other order will not be paid by the
7777 12 depository and that the defendant has acted with intent to
7878 13 defraud when the defendant fails to have sufficient funds
7979 14 or credit with the depository when the check or other
8080 15 order is issued or delivered, or when such check or other
8181 16 order is presented for payment and dishonored on each of 2
8282 17 occasions at least 7 days apart. In this paragraph (B)(1),
8383 18 "property" includes rental property (real or personal).
8484 19 (2) He or she issues or delivers a check or other order
8585 20 upon a real or fictitious depository in an amount
8686 21 exceeding $150 in payment of an amount owed on any credit
8787 22 transaction for property, labor or services, or in payment
8888 23 of the entire amount owed on any credit transaction for
8989 24 property, labor or services, knowing that it will not be
9090 25 paid by the depository, and thereafter fails to provide
9191 26 funds or credit with the depository in the face amount of
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102102 1 the check or order within 7 days of receiving actual
103103 2 notice from the depository or payee of the dishonor of the
104104 3 check or order.
105105 4 (C) Bank-related fraud.
106106 5 (1) False statement.
107107 6 A person commits false statement bank fraud if he or she,
108108 7 with intent to defraud, makes or causes to be made any false
109109 8 statement in writing in order to obtain an account with a bank
110110 9 or other financial institution, or to obtain credit from a
111111 10 bank or other financial institution, or to obtain services
112112 11 from a currency exchange, knowing such writing to be false,
113113 12 and with the intent that it be relied upon.
114114 13 For purposes of this subsection (C), a false statement
115115 14 means any false statement representing identity, address, or
116116 15 employment, or the identity, address, or employment of any
117117 16 person, firm, or corporation.
118118 17 (2) Possession of stolen or fraudulently obtained checks.
119119 18 A person commits possession of stolen or fraudulently
120120 19 obtained checks when he or she possesses, with the intent to
121121 20 obtain access to funds of another person held in a real or
122122 21 fictitious deposit account at a financial institution, makes a
123123 22 false statement or a misrepresentation to the financial
124124 23 institution, or possesses, transfers, negotiates, or presents
125125 24 for payment a check, draft, or other item purported to direct
126126 25 the financial institution to withdraw or pay funds out of the
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137137 1 account holder's deposit account with knowledge that such
138138 2 possession, transfer, negotiation, or presentment is not
139139 3 authorized by the account holder or the issuing financial
140140 4 institution. A person shall be deemed to have been authorized
141141 5 to possess, transfer, negotiate, or present for payment such
142142 6 item if the person was otherwise entitled by law to withdraw or
143143 7 recover funds from the account in question and followed the
144144 8 requisite procedures under the law. If the account holder,
145145 9 upon discovery of the withdrawal or payment, claims that the
146146 10 withdrawal or payment was not authorized, the financial
147147 11 institution may require the account holder to submit an
148148 12 affidavit to that effect on a form satisfactory to the
149149 13 financial institution before the financial institution may be
150150 14 required to credit the account in an amount equal to the amount
151151 15 or amounts that were withdrawn or paid without authorization.
152152 16 (3) Possession of implements of check fraud.
153153 17 A person commits possession of implements of check fraud
154154 18 when he or she possesses, with the intent to defraud and
155155 19 without the authority of the account holder or financial
156156 20 institution, any check imprinter, signature imprinter, or
157157 21 "certified" stamp.
158158 22 (D) Sentence.
159159 23 (1) The commission of a deceptive practice in
160160 24 violation of this Section, except as otherwise provided by
161161 25 this subsection (D), is a Class A misdemeanor.
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172172 1 (2) For purposes of paragraphs (A)(1) and (B)(1):
173173 2 (a) The commission of a deceptive practice in
174174 3 violation of paragraph (A)(1) or (B)(1), when the
175175 4 value of the property so obtained, in a single
176176 5 transaction or in separate transactions within a
177177 6 90-day period, exceeds $150, is a Class 4 felony. In
178178 7 the case of a prosecution for separate transactions
179179 8 totaling more than $150 within a 90-day period, those
180180 9 separate transactions shall be alleged in a single
181181 10 charge and prosecuted in a single prosecution.
182182 11 (b) The commission of a deceptive practice in
183183 12 violation of paragraph (B)(1) a second or subsequent
184184 13 time is a Class 4 felony.
185185 14 (3) For purposes of paragraph (C)(2), a person who,
186186 15 within any 12-month period, violates paragraph (C)(2) with
187187 16 respect to 3 or more checks or orders for the payment of
188188 17 money at the same time or consecutively, each the property
189189 18 of a different account holder or financial institution, is
190190 19 guilty of a Class 4 felony.
191191 20 (4) For purposes of paragraph (C)(3), a person who
192192 21 within any 12-month period violates paragraph (C)(3) as to
193193 22 possession of 3 or more such devices at the same time or
194194 23 consecutively is guilty of a Class 4 felony.
195195 24 (E) Civil liability. A person who issues a check or order
196196 25 to a payee in violation of paragraph (B)(1) and who fails to
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207207 1 pay the amount of the check or order to the payee within 30
208208 2 days following either delivery and acceptance by the addressee
209209 3 of a written demand both by certified mail and by first class
210210 4 mail to the person's last known address or attempted delivery
211211 5 of a written demand sent both by certified mail and by first
212212 6 class mail to the person's last known address and the demand by
213213 7 certified mail is returned to the sender with a notation that
214214 8 delivery was refused or unclaimed shall be liable to the payee
215215 9 or a person subrogated to the rights of the payee for, in
216216 10 addition to the amount owing upon such check or order, damages
217217 11 of treble the amount so owing, but in no case less than $100
218218 12 nor more than $1,500, plus attorney's fees and court costs. An
219219 13 action under this subsection (E) may be brought in small
220220 14 claims court or in any other appropriate court. As part of the
221221 15 written demand required by this subsection (E), the plaintiff
222222 16 shall provide written notice to the defendant of the fact that
223223 17 prior to the hearing of any action under this subsection (E),
224224 18 the defendant may tender to the plaintiff and the plaintiff
225225 19 shall accept, as satisfaction of the claim, an amount of money
226226 20 equal to the sum of the amount of the check and the incurred
227227 21 court costs, including the cost of service of process, and
228228 22 attorney's fees.
229229 23 (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)
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