100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0327
 
Introduced , by Rep. Scott Drury
 
SYNOPSIS AS INTRODUCED:



    
225 ILCS 10/4.2 from Ch. 23, par. 2214.2
720 ILCS 5/17-24
 Amends the Criminal Code of 2012. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission. Makes a conforming change in the Child Care Act of 1969.



LRB100 04208 SLF 14214 b


CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0327LRB100 04208 SLF 14214 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Child Care Act of 1969 is amended by 
5changing Section 4.2 as follows:



6 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)



7 Sec. 4.2. (a) No applicant may receive a license from the 
8Department and
no person may be employed by a licensed child 
9care facility who refuses to
authorize an investigation as 
10required by Section 4.1.

11 (b) In addition to the other provisions of this Section, no 
12applicant
may
receive a license from the Department and no 
13person
may be employed by a child care facility licensed by the 
14Department who has
been declared a sexually dangerous person 
15under "An Act in relation to
sexually dangerous persons, and 
16providing for their commitment, detention
and supervision", 
17approved July 6, 1938, as amended, or convicted of
committing 
18or attempting to commit any of the following offenses 
19stipulated
under the Criminal Code of 1961 or the Criminal Code 
20of 2012:


21  (1) murder;


22  (1.1) solicitation of murder;


23  (1.2) solicitation of murder for hire;


 
 
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1  (1.3) intentional homicide of an unborn child;


2  (1.4) voluntary manslaughter of an unborn child;


3  (1.5) involuntary manslaughter;


4  (1.6) reckless homicide;


5  (1.7) concealment of a homicidal death;


6  (1.8) involuntary manslaughter of an unborn child;


7  (1.9) reckless homicide of an unborn child;


8  (1.10) drug-induced homicide;


9  (2) a sex offense under Article 11, except offenses 
10 described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, 
11 11-40, and 11-45;


12  (3) kidnapping;


13  (3.1) aggravated unlawful restraint;


14  (3.2) forcible detention;


15  (3.3) harboring a runaway;


16  (3.4) aiding and abetting child abduction;


17  (4) aggravated kidnapping;


18  (5) child abduction;


19  (6) aggravated battery of a child as described in 
20 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;


21  (7) criminal sexual assault;


22  (8) aggravated criminal sexual assault;


23  (8.1) predatory criminal sexual assault of a child;


24  (9) criminal sexual abuse;


25  (10) aggravated sexual abuse;


26  (11) heinous battery as described in Section 12-4.1 or 
 
 
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1 subdivision (a)(2) of Section 12-3.05;


2  (12) aggravated battery with a firearm as described in 
3 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 
4 (e)(4) of Section 12-3.05;


5  (13) tampering with food, drugs, or cosmetics;


6  (14) drug induced infliction of great bodily harm as 
7 described in Section 12-4.7 or subdivision (g)(1) of 
8 Section 12-3.05;


9  (15) hate crime;


10  (16) stalking;


11  (17) aggravated stalking;


12  (18) threatening public officials;


13  (19) home invasion;


14  (20) vehicular invasion;


15  (21) criminal transmission of HIV;


16  (22) criminal abuse or neglect of an elderly person or 
17 person with a disability as described in Section 12-21 or 
18 subsection (e) of Section 12-4.4a;


19  (23) child abandonment;


20  (24) endangering the life or health of a child;


21  (25) ritual mutilation;


22  (26) ritualized abuse of a child;


23  (27) an offense in any other jurisdiction the elements 
24 of
which are similar and
bear a substantial relationship to 
25 any of the foregoing offenses.

26 (b-1) In addition to the other provisions of this Section, 
 
 
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1beginning
January 1, 2004, no new applicant and, on the date of

2licensure renewal, no current licensee may operate or receive a 
3license from
the
Department to operate, no person may be 
4employed by, and no adult person may
reside in a child care 
5facility licensed by the Department who has been
convicted of 
6committing or attempting to commit any of the following 
7offenses
or an offense in any other jurisdiction the elements 
8of which are similar and
bear a substantial relationship to any 
9of the following offenses:



10
(I) BODILY HARM




11  (1) Felony aggravated assault.


12  (2) Vehicular endangerment.


13  (3) Felony domestic battery.


14  (4) Aggravated battery.


15  (5) Heinous battery.


16  (6) Aggravated battery with a firearm.


17  (7) Aggravated battery of an unborn child.


18  (8) Aggravated battery of a senior citizen.


19  (9) Intimidation.


20  (10) Compelling organization membership of persons.


21  (11) Abuse and criminal neglect of a long term care 
22 facility resident.


23  (12) Felony violation of an order of protection.



 
 
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1
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY




2  (1) Felony unlawful use of weapons.


3  (2) Aggravated discharge of a firearm.


4  (3) Reckless discharge of a firearm.


5  (4) Unlawful use of metal piercing bullets.


6  (5) Unlawful sale or delivery of firearms on the 
7 premises of any
school.


8  (6) Disarming a police officer.


9  (7) Obstructing justice.


10  (8) Concealing or aiding a fugitive.


11  (9) Armed violence.


12  (10) Felony contributing to the criminal delinquency 
13 of a juvenile.



14
(III) DRUG OFFENSES




15  (1) Possession of more than 30 grams of cannabis.


16  (2) Manufacture of more than 10 grams of cannabis.


17  (3) Cannabis trafficking.


18  (4) Delivery of cannabis on school grounds.


19  (5) Unauthorized production of more than 5 cannabis 
20 sativa plants.


21  (6) Calculated criminal cannabis conspiracy.


22  (7) Unauthorized manufacture or delivery of controlled 
23 substances.


 
 
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1  (8) Controlled substance trafficking.


2  (9) Manufacture, distribution, or advertisement of 
3 look-alike
substances.


4  (10) Calculated criminal drug conspiracy.


5  (11) Street gang criminal drug conspiracy.


6  (12) Permitting unlawful use of a building.


7  (13) Delivery of controlled, counterfeit, or 
8 look-alike substances to
persons under age 18, or at truck 
9 stops, rest stops, or safety rest areas, or
on school 
10 property.


11  (14) Using, engaging, or employing persons under 18 to 
12 deliver
controlled, counterfeit, or look-alike substances.


13  (15) Delivery of controlled substances.


14  (16) Sale or delivery of drug paraphernalia.


15  (17) Felony possession, sale, or exchange of 
16 instruments adapted
for use of a controlled substance, 
17 methamphetamine, or cannabis by subcutaneous injection.


18  (18) Felony possession of a controlled substance.

19  (19) Any violation of the Methamphetamine Control and 
20 Community Protection Act.


21 (b-1.5) In addition to any other provision of this Section, 
22for applicants with access to confidential financial 
23information or who submit documentation to support billing, no 
24applicant whose initial application was considered after the 
25effective date of this amendatory Act of the 97th General 
26Assembly may receive a license from the Department or a child 
 
 
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1care facility licensed by the Department who has been convicted 
2of committing or attempting to commit any of the following 
3felony offenses:
4  (1) financial institution fraud under Section 17-10.6 
5 of the Criminal Code of 1961 or the Criminal Code of 2012;
6  (2) identity theft under Section 16-30 of the Criminal 
7 Code of 1961 or the Criminal Code of 2012;
8  (3) financial exploitation of an elderly person or a 
9 person with a disability under Section 17-56 of the 
10 Criminal Code of 1961 or the Criminal Code of 2012;
11  (4) computer tampering under Section 17-51 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012;
13  (5) aggravated computer tampering under Section 17-52 
14 of the Criminal Code of 1961 or the Criminal Code of 2012;
15  (6) computer fraud under Section 17-50 of the Criminal 
16 Code of 1961 or the Criminal Code of 2012;
17  (7) deceptive practices under Section 17-1 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012;
19  (8) forgery under Section 17-3 of the Criminal Code of 
20 1961 or the Criminal Code of 2012;
21  (9) State benefits fraud under Section 17-6 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012;
23  (10) mail fraud, and wire fraud, or fraud under Section 
24 17-24 of the Criminal Code of 1961 or the Criminal Code of 
25 2012;
26  (11) theft under paragraphs (1.1) through (11) of 
 
 
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1 subsection (b) of Section 16-1 of the Criminal Code of 1961 
2 or the Criminal Code of 2012. 
3 (b-2) Notwithstanding subsection (b-1), the Department may 
4make an exception and, for child care facilities other than 
5foster family homes,
issue a new child care facility license to 
6or renew the
existing child care facility license of an 
7applicant, a person employed by a
child care facility, or an 
8applicant who has an adult residing in a home child
care 
9facility who was convicted of an offense described in 
10subsection (b-1),
provided that all of the following 
11requirements are met:


12  (1) The relevant criminal offense occurred more than 5 
13 years prior to the
date of application or renewal, except 
14 for drug offenses. The relevant drug
offense must have 
15 occurred more than 10 years prior to the date of 
16 application
or renewal, unless the applicant passed a drug 
17 test, arranged and paid for by
the child care facility, no 
18 less than 5 years after the offense.


19  (2) The Department must conduct a background check and 
20 assess all
convictions and recommendations of the child 
21 care facility to determine if hiring or licensing the 
22 applicant is in
accordance with Department administrative 
23 rules and
procedures.


24  (3) The applicant meets all other requirements and 
25 qualifications to be
licensed as the pertinent type of 
26 child care facility under this Act and the
Department's 
 
 
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1 administrative rules.

2 (c) In addition to the other provisions of this Section, no

3applicant may receive a license from the Department to operate 
4a foster family
home, and no adult person may reside in a 
5foster family home licensed by the
Department, who has been 
6convicted of committing or attempting to commit any of
the 
7following offenses stipulated under the Criminal Code of 1961, 
8the Criminal Code of 2012, the Cannabis
Control Act, the 
9Methamphetamine Control and Community Protection Act, and the 
10Illinois Controlled Substances Act:



11
(I) OFFENSES DIRECTED AGAINST THE PERSON




12 (A) KIDNAPPING AND RELATED OFFENSES


13  (1) Unlawful restraint.



14 (B) BODILY HARM


15  (2) Felony aggravated assault.


16  (3) Vehicular endangerment.


17  (4) Felony domestic battery.


18  (5) Aggravated battery.


19  (6) Heinous battery.


20  (7) Aggravated battery with a firearm.


21  (8) Aggravated battery of an unborn child.


22  (9) Aggravated battery of a senior citizen.


23  (10) Intimidation.


 
 
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1  (11) Compelling organization membership of persons.


2  (12) Abuse and criminal neglect of a long term care 
3 facility resident.


4  (13) Felony violation of an order of protection.



5
(II) OFFENSES DIRECTED AGAINST PROPERTY




6  (14) Felony theft.


7  (15) Robbery.


8  (16) Armed robbery.


9  (17) Aggravated robbery.


10  (18) Vehicular hijacking.


11  (19) Aggravated vehicular hijacking.


12  (20) Burglary.


13  (21) Possession of burglary tools.


14  (22) Residential burglary.


15  (23) Criminal fortification of a residence or 
16 building.


17  (24) Arson.


18  (25) Aggravated arson.


19  (26) Possession of explosive or explosive incendiary 
20 devices.



21
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY




22  (27) Felony unlawful use of weapons.


 
 
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1  (28) Aggravated discharge of a firearm.


2  (29) Reckless discharge of a firearm.


3  (30) Unlawful use of metal piercing bullets.


4  (31) Unlawful sale or delivery of firearms on the 
5 premises of any school.


6  (32) Disarming a police officer.


7  (33) Obstructing justice.


8  (34) Concealing or aiding a fugitive.


9  (35) Armed violence.


10  (36) Felony contributing to the criminal delinquency 
11 of a juvenile.



12
(IV) DRUG OFFENSES




13  (37) Possession of more than 30 grams of cannabis.


14  (38) Manufacture of more than 10 grams of cannabis.


15  (39) Cannabis trafficking.


16  (40) Delivery of cannabis on school grounds.


17  (41) Unauthorized production of more than 5 cannabis 
18 sativa plants.


19  (42) Calculated criminal cannabis conspiracy.


20  (43) Unauthorized manufacture or delivery of 
21 controlled substances.


22  (44) Controlled substance trafficking.


23  (45) Manufacture, distribution, or advertisement of 
24 look-alike substances.


 
 
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1  (46) Calculated criminal drug conspiracy.


2  (46.5) Streetgang criminal drug conspiracy.


3  (47) Permitting unlawful use of a building.


4  (48) Delivery of controlled, counterfeit, or 
5 look-alike substances to
persons under age 18, or at truck 
6 stops, rest stops, or safety rest areas, or
on school 
7 property.


8  (49) Using, engaging, or employing persons under 18 to 
9 deliver controlled,
counterfeit, or look-alike substances.


10  (50) Delivery of controlled substances.


11  (51) Sale or delivery of drug paraphernalia.


12  (52) Felony possession, sale, or exchange of 
13 instruments adapted for use
of a controlled substance, 
14 methamphetamine, or cannabis by subcutaneous injection.
15  (53) Any violation of the Methamphetamine Control and 
16 Community Protection Act.


17 (d) Notwithstanding subsection (c), the Department may 
18make an exception and issue a new foster
family home license or 
19may renew an existing
foster family home license of an 
20applicant who was convicted of an offense
described in 
21subsection (c), provided all of the following requirements are

22met:


23  (1) The relevant criminal offense or offenses occurred 
24 more than 10 years
prior to the date of application or 
25 renewal.


26  (2) The applicant had previously disclosed the 
 
 
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1 conviction or convictions
to the Department for purposes of 
2 a background check.


3  (3) After the disclosure, the Department either placed 
4 a child in the home
or the foster family home license was 
5 issued.


6  (4) During the background check, the Department had 
7 assessed and
waived the conviction in compliance with the 
8 existing statutes and rules in
effect at the time of the 
9 hire or licensure.


10  (5) The applicant meets all other requirements and 
11 qualifications to be
licensed as a foster family home under 
12 this Act and the Department's
administrative
rules.


13  (6) The applicant has a history of providing a safe, 
14 stable home
environment and appears able to continue to 
15 provide a safe, stable home
environment.

16 (e) In evaluating the exception pursuant to subsections 
17(b-2) and (d), the Department must carefully review any 
18relevant documents to determine whether the applicant, despite 
19the disqualifying convictions, poses a substantial risk to 
20State resources or clients. In making such a determination, the 
21following guidelines shall be used:
22  (1) the age of the applicant when the offense was 
23 committed;
24  (2) the circumstances surrounding the offense;
25  (3) the length of time since the conviction;
26  (4) the specific duties and responsibilities 
 
 
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1 necessarily related to the license being applied for and 
2 the bearing, if any, that the applicant's conviction 
3 history may have on his or her fitness to perform these 
4 duties and responsibilities;
5  (5) the applicant's employment references;
6  (6) the applicant's character references and any 
7 certificates of achievement;
8  (7) an academic transcript showing educational 
9 attainment since the disqualifying conviction;
10  (8) a Certificate of Relief from Disabilities or 
11 Certificate of Good Conduct; and
12  (9) anything else that speaks to the applicant's 
13 character. 
14(Source: P.A. 99-143, eff. 7-27-15.)

15 Section 10. The Criminal Code of 2012 is amended by 
16changing Section 17-24 as follows:



17 (720 ILCS 5/17-24)



18 Sec. 17-24. Fraud Mail fraud and wire fraud. 

19 (a) Mail fraud. A person commits mail fraud when he or she:
20  (1) knowingly devises or intends to devise any scheme 
21 or artifice to defraud, or to obtain money or property by 
22 means of false or fraudulent pretenses, representations, 
23 or promises, or to sell, dispose of, loan, exchange, alter, 
24 give away, distribute, supply, or furnish or procure for 
 
 
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1 unlawful use any counterfeit obligation, security, or 
2 other article, or anything represented to be or intimated 
3 or held out to be such a counterfeit or spurious article. ; 
4 and
5  (2) (blank). with the intent to execute such scheme or 
6 artifice or to attempt to do so, does any of the following:
7   (A) Places in any post office or authorized 
8 depository for mail matter within this State any matter 
9 or thing to be delivered by the United States Postal 
10 Service, according to the direction on the matter or 
11 thing.
12   (B) Deposits or causes to be deposited in this 
13 State any matter or thing to be sent or delivered by 
14 mail or by private or commercial carrier, according to 
15 the direction on the matter or thing.
16   (C) Takes or receives from mail or from a private 
17 or commercial carrier any such matter or thing at the 
18 place at which it is directed to be delivered by the 
19 person to whom it is addressed.
20   (D) Knowingly causes any such matter or thing to be 
21 delivered by mail or by private or commercial carrier, 
22 according to the direction on the matter or thing. 
23 (b) (Blank). Wire fraud. A person commits wire fraud when 
24he or she:


25  (1) devises or intends to devise a scheme or artifice 
26 to defraud or to
obtain money or property by means of false 
 
 
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1 pretenses, representations, or
promises; and


2  (2) for the purpose of executing the scheme or 
3 artifice, transmits or causes to be transmitted any 
4 writings, signals, pictures, sounds, or electronic or 
5 electric impulses by means of wire, radio, or television 
6 communications: 
7   (A) from within this State;
or


8   (B) so that the transmission is received by a 
9 person within this State; or


10   (C) so that the transmission may be accessed by a 
11 person within this State.

12 (c) (Blank). Jurisdiction.
13  (1) Mail fraud using a government or private carrier 
14 occurs in the county in which mail or other matter is 
15 deposited with the United States Postal Service or a 
16 private commercial carrier for delivery, if deposited with 
17 the United States Postal Service or a private or commercial 
18 carrier within this State, and the county in which a person 
19 within this State receives the mail or other matter from 
20 the United States Postal Service or a private or commercial 
21 carrier. 

22  (2) Wire fraud occurs in the county from which a

23 transmission is sent, if the transmission is sent from 
24 within this State, the
county in which a person within this 
25 State receives the transmission, and the
county in which a 
26 person who is within this State is located when the person

 
 
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1 accesses a transmission.

2 (d) Sentence. A violation of this Section is a Class 3 
3felony. 

4 (e) The period of limitations for prosecution of any 
5offense defined in this
Section begins at the time when the 
6last act in furtherance of the scheme or
artifice is committed.

7(Source: P.A. 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11.)