Bill Text: IL HB5749 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that in a criminal prosecution in which the defendant is accused of an offense of driving under the influence or aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, evidence of the defendant's commission of another offense or offenses of driving under the influence or aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof is admissible, and may be considered for its bearing on any matter to which it is relevant. Provides that the court shall weigh the probative value of the evidence against undue prejudice to the defendant. Establishes notice requirements if the prosecution intends to offer this evidence. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2010-08-11 - Public Act . . . . . . . . . 96-1432 [HB5749 Detail]

Download: Illinois-2009-HB5749-Enrolled.html

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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 17-1 as follows:
(720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
Sec. 17-1. Deceptive practices.
(A) Definitions.
As used in this Section:
(i) "Financial institution" means any bank, savings
and loan association, credit union, or other depository of
money, or medium of savings and collective investment.
(ii) An "account holder" is any person having a
checking account or savings account in a financial
institution.
(iii) To act with the "intent to defraud" means to act
wilfully, and with the specific intent to deceive or cheat,
for the purpose of causing financial loss to another, or to
bring some financial gain to oneself. It is not necessary
to establish that any person was actually defrauded or
deceived.
(B) General Deception.

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A person commits a deceptive practice when, with intent to
defraud, the person does any of the following:
(a) He or she causes another, by deception or threat,
to execute a document disposing of property or a document
by which a pecuniary obligation is incurred.
(b) Being an officer, manager or other person
participating in the direction of a financial institution,
he or she knowingly receives or permits the receipt of a
deposit or other investment, knowing that the institution
is insolvent.
(c) He or she knowingly makes or directs another to
make a false or deceptive statement addressed to the public
for the purpose of promoting the sale of property or
services.
(d) With intent to obtain control over property or to
pay for property, labor or services of another, or in
satisfaction of an obligation for payment of tax under the
Retailers' Occupation Tax Act or any other tax due to the
State of Illinois, he or she issues or delivers a check or
other order upon a real or fictitious depository for the
payment of money, knowing that it will not be paid by the
depository. Failure to have sufficient funds or credit with
the depository when the check or other order is issued or
delivered, or when such check or other order is presented
for payment and dishonored on each of 2 occasions at least
7 days apart, is prima facie evidence that the offender

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knows that it will not be paid by the depository, and that
he or she has the intent to defraud. In this paragraph (d),
"property" includes rental property (real or personal).
(e) He or she issues or delivers a check or other order
upon a real or fictitious depository in an amount exceeding
$150 in payment of an amount owed on any credit transaction
for property, labor or services, or in payment of the
entire amount owed on any credit transaction for property,
labor or services, knowing that it will not be paid by the
depository, and thereafter fails to provide funds or credit
with the depository in the face amount of the check or
order within 7 days of receiving actual notice from the
depository or payee of the dishonor of the check or order.
Sentence.
A person convicted of a deceptive practice under paragraph
(a), (b), (c), (d), or (e) of this subsection (B), except as
otherwise provided by this Section, is guilty of a Class A
misdemeanor.
A person convicted of a deceptive practice in violation of
paragraph (d) a second or subsequent time shall be guilty of a
Class 4 felony.
A person convicted of deceptive practices in violation of
paragraph (a) or (d), when the value of the property so
obtained, in a single transaction, or in separate transactions
within a 90 day period, exceeds $150, shall be guilty of a
Class 4 felony. In the case of a prosecution for separate

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transactions totaling more than $150 within a 90 day period,
such separate transactions shall be alleged in a single charge
and provided in a single prosecution.
(C) Deception on a Bank or Other Financial Institution.
(1) False Statements.
Any person who, with the intent to defraud, makes or causes
to be made any false statement in writing in order to obtain an
account with a bank or other financial institution, or to
obtain credit from a bank or other financial institution, or to
obtain services from a currency exchange, knowing such writing
to be false, and with the intent that it be relied upon, is
guilty of a Class A misdemeanor.
For purposes of this subsection (C), a false statement
shall mean any false statement representing identity, address,
or employment, or the identity, address or employment of any
person, firm or corporation.
(2) Possession of Stolen or Fraudulently Obtained Checks.
Any person who possesses, with the intent to obtain access
to funds of another person held in a real or fictitious deposit
account at a financial institution, makes a false statement or
a misrepresentation to the financial institution, or
possesses, transfers, negotiates, or presents for payment a
check, draft, or other item purported to direct the financial
institution to withdraw or pay funds out of the account
holder's deposit account with knowledge that such possession,

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transfer, negotiation, or presentment is not authorized by the
account holder or the issuing financial institution is guilty
of a Class A misdemeanor. A person shall be deemed to have been
authorized to possess, transfer, negotiate, or present for
payment such item if the person was otherwise entitled by law
to withdraw or recover funds from the account in question and
followed the requisite procedures under the law. In the event
that the account holder, upon discovery of the withdrawal or
payment, claims that the withdrawal or payment was not
authorized, the financial institution may require the account
holder to submit an affidavit to that effect on a form
satisfactory to the financial institution before the financial
institution may be required to credit the account in an amount
equal to the amount or amounts that were withdrawn or paid
without authorization.
Any person who, within any 12 month period, violates this
Section with respect to 3 or more checks or orders for the
payment of money at the same time or consecutively, each the
property of a different account holder or financial
institution, is guilty of a Class 4 felony.
(3) Possession of Implements of Check Fraud.
Any person who possesses, with the intent to defraud and
without the authority of the account holder or financial
institution, any check imprinter, signature imprinter, or
"certified" stamp is guilty of a Class A misdemeanor.
A person who within any 12 month period violates this

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subsection (C) as to possession of 3 or more such devices at
the same time or consecutively, is guilty of a Class 4 felony.
(4) Possession of Identification Card.
Any person who, with the intent to defraud, possesses any
check guarantee card or key card or identification card for
cash dispensing machines without the authority of the account
holder or financial institution is guilty of a Class A
misdemeanor.
A person who, within any 12 month period, violates this
Section at the same time or consecutively with respect to 3 or
more cards, each the property of different account holders, is
guilty of a Class 4 felony.
A person convicted under this Section, when the value of
property so obtained, in a single transaction, or in separate
transactions within any 90 day period, exceeds $150 shall be
guilty of a Class 4 felony.
(Source: P.A. 94-872, eff. 6-16-06.)