Bill Text: IL SB2301 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the use of force in defense of a person.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2301 Detail]

Download: Illinois-2011-SB2301-Amended.html

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Sen. Kirk W. Dillard

Filed: 4/8/2011

09700SB2301sam001 LRB097 10014 RLC 53646 a
AMENDMENT TO SENATE BILL 2301
AMENDMENT NO. ______. Amend Senate Bill 2301 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by
changing Section 17-10.6 as follows:
(720 ILCS 5/17-10.6)
(Text of Section before amendment by P.A. 96-1532)
Sec. 17-10.6. Financial institution fraud.
(a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.

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(b) Commercial bribery of a financial institution.
(1) A person commits commercial bribery of a financial
institution when he or she knowingly confers or offers or
agrees to confer any benefit upon any employee, agent, or
fiduciary without the consent of the latter's employer or
principal, with the intent to influence his or her conduct
in relation to his or her employer's or principal's
affairs.
(2) An employee, agent, or fiduciary of a financial
institution commits commercial bribery of a financial
institution when, without the consent of his or her
employer or principal, he or she knowingly solicits,
accepts, or agrees to accept any benefit from another
person upon an agreement or understanding that such benefit
will influence his or her conduct in relation to his or her
employer's or principal's affairs.
(c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, by means of
pretenses, representations, or promises he or she knows to
be false.
(d) Loan fraud. A person commits loan fraud when he or she

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knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
crime when, with the intent that any violation of this
Section be committed, he or she agrees with another person
to the commission of that offense.
(2) No person may be convicted of conspiracy to commit

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a financial crime unless an overt act or acts in
furtherance of the agreement is alleged and proved to have
been committed by that person or by a co-conspirator and
the accused is a part of a common scheme or plan to engage
in the unlawful activity.
(3) It shall not be a defense to conspiracy to commit a
financial crime that the person or persons with whom the
accused is alleged to have conspired:
(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;
(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses under this Section or, if involving a
financial institution, any other felony offenses under this
Code.
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a continuing
financial crimes enterprise when he or she:
(A) with the intent to commit any offense under
this Section, or, if involving a financial
institution, any other felony offense under this Code,
agrees with another person to the commission of that

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offense on 3 or more separate occasions within an
18-month period; and
(B) with respect to the other persons within the
conspiracy, occupies a position of organizer,
supervisor, or financier or other position of
management.
(2) The person with whom the accused agreed to commit
the 3 or more offenses under this Section, or, if involving
a financial institution, any other felony offenses under
this Code, need not be the same person or persons for each
offense, as long as the accused was a part of the common
scheme or plan to engage in each of the 3 or more alleged
offenses.
(j) Sentence.
(1) Except as otherwise provided in this subsection, a
violation of this Section, the full value of which:
(A) does not exceed $500, is a Class A misdemeanor;
(B) does not exceed $500, and the person has been
previously convicted of a financial crime or any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or
home invasion, is guilty of a Class 4 felony;
(C) exceeds $500 but does not exceed $10,000, is a
Class 3 felony;
(D) exceeds $10,000 but does not exceed $100,000,
is a Class 2 felony;

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(E) exceeds $100,000, is a Class 1 felony.
(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X felony.
(k) A "financial crime" means an offense described in this
Section.
(l) Period of limitations. 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 offense is
committed.
(Source: P.A. 96-1551, eff. 7-1-11.)
(Text of Section after amendment by P.A. 96-1532)
Sec. 17-10.6. Financial institution fraud.
(a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.
(b) Commercial bribery of a financial institution.
(1) A person commits commercial bribery of a financial
institution when he or she knowingly confers or offers or
agrees to confer any benefit upon any employee, agent, or

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fiduciary without the consent of the latter's employer or
principal, with the intent to influence his or her conduct
in relation to his or her employer's or principal's
affairs.
(2) An employee, agent, or fiduciary of a financial
institution commits commercial bribery of a financial
institution when, without the consent of his or her
employer or principal, he or she knowingly solicits,
accepts, or agrees to accept any benefit from another
person upon an agreement or understanding that such benefit
will influence his or her conduct in relation to his or her
employer's or principal's affairs.
(c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, by means of
pretenses, representations, or promises he or she knows to
be false.
(d) Loan fraud. A person commits loan fraud when he or she
knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,

09700SB2301sam001 - 8 - LRB097 10014 RLC 53646 a
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
crime when, with the intent that any violation of this
Section be committed, he or she agrees with another person
to the commission of that offense.
(2) No person may be convicted of conspiracy to commit
a financial crime unless an overt act or acts in
furtherance of the agreement is alleged and proved to have
been committed by that person or by a co-conspirator and
the accused is a part of a common scheme or plan to engage

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in the unlawful activity.
(3) It shall not be a defense to conspiracy to commit a
financial crime that the person or persons with whom the
accused is alleged to have conspired:
(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;
(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses constituting any combination of the
following:
(1) an offense under this Section;
(2) a felony offense in violation of Section 16A-3 or
paragraph (4) or (5) of subsection (a) of Section 16-1 of
this Code for the purpose of reselling or otherwise
re-entering the merchandise in commerce, including
conveying the merchandise to a merchant in exchange for
anything of value; or
(3) , if involving a financial institution, any other
felony offense offenses under this Code.
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a continuing
financial crimes enterprise when he or she:

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(A) with the intent to commit any offense under
this Section, agrees with another person to the
commission of any combination of the following
offenses on 3 or more separate occasions within an
18-month period:
(i) an offense under this Section;
(ii) a felony offense in violation of Section
16A-3 or paragraph (4) or (5) of subsection (a) of
Section 16-1 of this Code for the purpose of
reselling or otherwise re-entering the merchandise
in commerce, including conveying the merchandise
to a merchant in exchange for anything of value; or
(iii) , if involving a financial institution,
any other felony offense under this Code, agrees
with another person to the commission of that
offense on 3 or more separate occasions within an
18-month period; and
(B) with respect to the other persons within the
conspiracy, occupies a position of organizer,
supervisor, or financier or other position of
management.
(2) The person with whom the accused agreed to commit
the 3 or more offenses under this Section, or, if involving
a financial institution, any other felony offenses under
this Code, need not be the same person or persons for each
offense, as long as the accused was a part of the common

09700SB2301sam001 - 11 - LRB097 10014 RLC 53646 a
scheme or plan to engage in each of the 3 or more alleged
offenses.
(j) Sentence.
(1) Except as otherwise provided in this subsection, a
violation of this Section, the full value of which:
(A) does not exceed $500, is a Class A misdemeanor;
(B) does not exceed $500, and the person has been
previously convicted of a financial crime or any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or
home invasion, is guilty of a Class 4 felony;
(C) exceeds $500 but does not exceed $10,000, is a
Class 3 felony;
(D) exceeds $10,000 but does not exceed $100,000,
is a Class 2 felony;
(E) exceeds $100,000, is a Class 1 felony.
(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X felony.
(k) A "financial crime" means an offense described in this
Section.
(l) Period of limitations. 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 offense is
committed.
(m) Forfeiture. Any violation of subdivision (2) of

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subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
the remedies, procedures, and forfeiture as set forth in
subsections (f) through (s) of Section 29B-1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
eff. 1-1-12; revised 3-23-11.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect July 1,
2011.".