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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
| 5 | Section 33E-16 and by adding Section 16-1.4 as follows:
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| 6 | (720 ILCS 5/16-1.4 new) | ||||||
| 7 | Sec. 16-1.4. Theft of public funds. | ||||||
| 8 | (a) A person commits theft of public funds when he or she: | ||||||
| 9 | (1) embezzles, steals, purloins, obtains by fraud, or
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| 10 | knowingly converts to his or her use or the use of another,
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| 11 | or without authority sells, conveys, or disposes of, any
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| 12 | record, voucher, money, or thing of value of the State of
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| 13 | Illinois or any department or agency of the State, or of
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| 14 | any unit of local government or school district, or any
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| 15 | property made or being made under contract for the State of
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| 16 | Illinois or any department or agency of the State, or any
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| 17 | unit of local government or school district; or | ||||||
| 18 | (2) receives, conceals, or retains the record,
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| 19 | voucher, money, thing of value, or property described in
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| 20 | paragraph (1) with intent to convert it to his or her use
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| 21 | or gain, knowing it to have been embezzled, stolen,
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| 22 | purloined, obtained by fraud, or converted. | ||||||
| 23 | (b)
For the purposes of this Section, "value" means face,
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| 1 | par, or market value, or cost price, either wholesale or | ||||||
| 2 | retail,
whichever is greater. | ||||||
| 3 | (c) Sentence. | ||||||
| 4 | (1) Theft of public funds involving property not | ||||||
| 5 | exceeding $300 in value is a
Class 4 felony. | ||||||
| 6 | (2) Theft of public funds involving property exceeding | ||||||
| 7 | $300 and not exceeding
$10,000 in value, is a Class 2 | ||||||
| 8 | felony. | ||||||
| 9 | (3) Theft of public funds involving property exceeding | ||||||
| 10 | $10,000 and not
exceeding $100,000 in value is a Class 1 | ||||||
| 11 | felony. | ||||||
| 12 | (4) Theft of public funds involving property exceeding | ||||||
| 13 | $100,000 in value is a Class X felony.
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| 14 | (720 ILCS 5/33E-16)
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| 15 | Sec. 33E-16. Misapplication of funds. | ||||||
| 16 | (a) An officer,
director, agent, or employee of, or | ||||||
| 17 | affiliated in any capacity with the State
of Illinois or any | ||||||
| 18 | agency of the State, or any unit of
local government or school
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| 19 | district commits misapplication of funds when he or she | ||||||
| 20 | embezzles, steals, obtains by fraud, or otherwise without
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| 21 | authority knowingly converts to the use of any person other | ||||||
| 22 | than the rightful
owner or intentionally misapplies, property | ||||||
| 23 | that is owned by, or is under the
care, custody, or control of | ||||||
| 24 | the State of Illinois or of any agency of the
State, a unit of | ||||||
| 25 | local government, or school district knowingly
misapplies any | ||||||
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| 1 | of the moneys, funds, or credits of the unit of local | ||||||
| 2 | government
or school district.
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| 3 | (b) Sentence. Misapplication of funds is a Class 3 felony. | ||||||
| 4 | (Source: P.A. 97-1108, eff. 1-1-13.)
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