Bill Text: IL SB0769 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Amends the Home Repair Fraud Act. Provides that a person commits home repair fraud when he or she knowingly promises performance which the person knows will not be completed at any time during the performance of the service.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-06-15 - Chief Sponsor Changed to Sen. Don Harmon [SB0769 Detail]

Download: Illinois-2021-SB0769-Engrossed.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 Home Repair Fraud Act is amended by
changing Section 3 as follows:
(815 ILCS 515/3) (from Ch. 121 1/2, par. 1603)
Sec. 3. Home Repair Fraud.
(a) A person commits the offense of home repair fraud when
he knowingly enters into an agreement or contract, written or
oral, with a person for home repair, and he knowingly:
(1) Misrepresents a material fact relating to the
terms of the contract or agreement or the preexisting or
existing condition of any portion of the property
involved, or creates or confirms another's impression
which is false and which he does not believe to be true, or
promises performance which he does not intend to perform
or knows will not be performed; or
(2) uses or employs any deception, false pretense or
false promises in order to induce, encourage or solicit
such person to enter into any contract or agreement; or
(3) enters into an unconscionable agreement or
contract requiring payment to the contractor of at least
$4,000. A contract is unconscionable within the meaning of

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this Act when an unreasonable difference exists between
the value of the services, materials and work to be
performed and the amount charged for those services,
materials and work. For purposes of this Section, prima
facie evidence shall exist that the contract or agreement
is unconscionable if the total payment called for by the
contract or agreement is in excess of four times the fair
market value for those services, materials and work; or
(4) fails to comply with the provisions of "An Act in
relation to the use of an assumed name in the conduct or
transaction of business in this State", approved July 17,
1941, as amended, and misrepresents or conceals either his
real name, the name of his business, or his business
address.
(b) A person commits the offense of home repair fraud when
he knowingly:
(1) damages the property of a person with the intent
to enter into an agreement or contract for home repair; or
(2) misrepresents himself or another to be an employee
or agent of any unit of the federal, State or municipal
government or any other governmental unit, or an employee
or agent of any public utility, with the intent to cause a
person to enter into, with himself or another, any
contract or agreement for home repair; or .
(3) promises performance which the person knows will
not be completed at any time during the performance of the

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service.
(c) For purposes of subsection (a), paragraph (1), it
shall be a rebuttable presumption of intent or knowledge that
a person promises performance which he does not intend to
perform and knows will not be performed when, after no
performance or no substantial performance of a contract or
agreement for home repair, he fails or refuses to return
payments made by the victim and he:
(1) fails to acknowledge or respond to a written
demand for commencement or completion of home repair
within 10 days after such demand is mailed or presented to
him by the victim or by the victim's legal representative
or by a law enforcement or consumer agency acting on
behalf of the victim; or
(2) fails to notify the victim in writing of a change
of business name or address prior to the completion of the
home repair; or
(3) makes false statements or representations to the
victim to excuse his non-performance or non-substantial
performance; or
(4) uses deception to obtain the victim's consent to
modification of the terms of the original contract or
agreement; or
(5) fails to employ qualified personnel necessary to
perform the home repair; or
(6) fails to order or purchase the basic materials

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required for performance of the home repair; or
(7) fails to comply with municipal, county, State or
federal regulations or codes relating to the performance
of home repair.
Intent and knowledge shall be determined by an evaluation
of all circumstances surrounding a transaction and the
determination shall not be limited to the time of contract or
agreement.
Substantial performance shall not include work performed
in a manner of little or no value or work that fails to comply
with the appropriate municipal, county, State or federal
regulations or codes.
(Source: P.A. 87-820.)