Bill Text: IL HB5465 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-05 - Referred to Rules Committee [HB5465 Detail]

Download: Illinois-2009-HB5465-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5465 Introduced 2/5/2010, by Rep. Elizabeth Coulson SYNOPSIS AS INTRODUCED:
720 ILCS 5/17-24
Amends the Criminal Code of 1961. Expands the fraud statute to include fraudulent schemes and artifices that do not include wire or mail transmission.
LRB096 17417 RLC 32770 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5465 LRB096 17417 RLC 32770 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 17-24 as follows:
(720 ILCS 5/17-24)
Sec. 17-24. Fraudulent schemes and artifices.
(a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she: (A)
devises or intends to devise a scheme or artifice:
(A) to defraud or to obtain money or property by
means of false pretenses, representations, or
promises, or
(B) to sell, dispose of, loan, exchange, alter,
give away, distribute, supply, or furnish or procure
for unlawful use any counterfeit obligation, security,
or other article, or anything represented to be or
intimated or held out to be such counterfeit or
spurious article. ; and
(B) (i) transmits or causes to be transmitted from
within this State; or
(ii) transmits or causes to be transmitted so
that it is received by a person within this State;

HB5465 - 2 - LRB096 17417 RLC 32770 b
or
(iii) transmits or causes to be transmitted so
that it is reasonably foreseeable that it will be
accessed by a person within this State:
any writings, signals, pictures, sounds, or electronic or
electric impulses by means of wire, radio, or television
communications for the purpose of executing the scheme or
artifice.
(2) (Blank). A scheme or artifice to defraud using
electronic transmissions is deemed to occur in the county
from which a transmission is sent, if the transmission is
sent from within this State, the county in which a person
within this State receives the transmission, and the county
in which a person who is within this State is located when
the person accesses a transmission.
(3) Fraud Wire fraud is a Class 3 felony.
(b) (Blank). Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or
artifice to defraud or to obtain money or property by
means of false or fraudulent pretenses,
representations or promises, or to sell, dispose of,
loan, exchange, alter, give away, distribute, supply,
or furnish or procure for unlawful use any counterfeit
obligation, security, or other article, or anything
represented to be or intimidated or held out to be such

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counterfeit or spurious article; and
(B) for the purpose of executing such scheme or
artifice or attempting so to do, places in any post
office or authorized depository for mail matter within
this State, any matter or thing whatever to be
delivered by the Postal Service, or deposits or causes
to be deposited in this State by mail or by private or
commercial carrier according to the direction on the
matter or thing, or at the place at which it is
directed to be delivered by the person to whom it is
addressed, any such matter or thing.
(2) A scheme or artifice to defraud using a government
or private carrier is deemed to occur in the county in
which mail or other matter is deposited with the Postal
Service or a private commercial carrier for delivery, if
deposited with the Postal Service or a private or
commercial carrier within this State and the county in
which a person within this State receives the mail or other
matter from the Postal Service or a private or commercial
carrier.
(3) Mail fraud is a Class 3 felony.
(c) (Blank).
(d) The period of limitations for prosecution of any
offense defined in this Section begins at the time when the
last act in furtherance of the scheme or artifice is committed.
(e) In this Section:

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(1) "Scheme or artifice to defraud" includes a scheme
or artifice to deprive another of the intangible right to
honest services.
(2) (Blank).
(Source: P.A. 92-16, eff. 6-28-01; 93-440, eff. 8-5-03; revised
11-4-09.)