(720 ILCS 5/17B‑0.05)
Sec. 17B‑0.05.
Re‑enactment; findings; purposes.
(a) The General Assembly finds and declares that:
(1) Section 50‑5 of Public Act 88‑680, effective |
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January 1, 1995, contained provisions adding the WIC Fraud Article to the Criminal Code of 1961.
Section 50‑5 also contained other provisions.
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(2) In addition, Public Act 88‑680 was entitled "An
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Act to create a Safe Neighborhoods Law". (i) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (ii) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (iii) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (iv) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (v) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (vi) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (vii) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (viii) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (ix) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.
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(3) On September 22, 1998, the Third District
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Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88‑680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.
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(4) WIC fraud is a vital concern to the people of
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this State and the validity of future prosecutions under the WIC fraud provisions of the Criminal Code of 1961 is in grave doubt.
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(b) It is the purpose of this amendatory Act of 1999 to prevent or minimize
any
problems relating to prosecutions for WIC fraud that may result from challenges
to the
constitutional validity of Public Act 88‑680 by re‑enacting the Sections
relating to WIC
fraud that were included in Public Act 88‑680.
(c) This amendatory Act of 1999 re‑enacts Article 17B of the Criminal Code
of
1961, as it has been amended. This re‑enactment is intended to remove any
question as
to the validity or content of that Article; it is not intended to supersede any
other Public
Act that amends the text of a Section as set forth in this amendatory Act of
1999.
Except for a grammatical correction in Section 17B‑10 and a correction of the
Section number to Section 17B‑30, the
material is
shown as existing text (i.e., without underscoring) because, as of the time
this
amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to
the
Illinois Supreme Court.
(d) The re‑enactment by this amendatory Act of 1999 of certain Sections
relating
to
WIC fraud that were enacted by Public Act 88‑680 is not intended, and shall not
be
construed, to imply that Public Act 88‑680 is invalid or to limit or impair any
legal
argument concerning whether those provisions were substantially re‑enacted by
other
Public Acts.
(Source: P.A. 91‑155, eff. 7‑16‑99.)
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(720 ILCS 5/17B‑20)
Sec. 17B‑20.
Penalties.
(a) If a person, firm, corporation, association, agency,
institution, or other legal entity is found by a court to have
engaged in an act, practice, or course of conduct declared unlawful under
Sections 17B‑5 or 17B‑15 of this Article and:
(1) the total amount of money involved in the |
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class A misdemeanor;
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(2) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 4 felony;
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(3) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 3 felony;
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(4) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $5,000 or more but less than $10,000, the violation is a Class 2 felony; or
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(5) the total amount of money involved in the
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violation, including the monetary value of Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities is $10,000 or more, the violation is a Class 1 felony and the defendant shall be permanently ineligible to participate in the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC).
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The State's Attorney of the County in which the violation of this
Article occurred or the Attorney General shall bring actions arising under this
Article in the name of the people of the State of Illinois.
(b) If a person, firm, corporation, association, agency, institution, or
other legal entity commits a second or subsequent violation of this Article
and:
(1) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is less than $150, the violation is a Class 4 felony;
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(2) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $150 or more but less than $1,000, the violation is a Class 3 felony;
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(3) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $1,000 or more but less than $5,000, the violation is a Class 2 felony; or
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(4) the total amount of money involved in the
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violation, including the monetary value of the Illinois Department of Public Health or Department of Human Services Special Supplemental Food Program for Women, Infants and Children (WIC) Food Instruments and the value of commodities, is $5,000 or more but less than $10,000, the violation is a Class 1 felony.
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(c) For purposes of determining the classification of offense under this
Section, all of the money received as a result of the unlawful act, practice,
or course of conduct, including the value of any WIC Food Instruments, shall be
aggregated.
(Source: P.A. 91‑155, eff. 7‑16‑99.)
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(720 ILCS 5/17B‑25)
Sec. 17B‑25.
Forfeiture.
(a) A person who commits a felony violation
of this Article shall forfeit,
according to
this Section, (i) any moneys, profits, or proceeds the person acquired, in
whole or in part, as a result of committing the violation and (ii) any property
or interest in property
that the sentencing
court determines the person
acquired, in whole or in part, as a result of committing the violation or the
person maintained or used, in whole or in part, to facilitate,
directly
or indirectly, the commission of the violation.
The person shall forfeit any interest
in, securities of claim
against, or contractual right of any kind that affords the person a source of
influence over, any enterprise
that the person has established, operated, controlled, conducted, or
participated in
conducting, if the person's
relationship to or connection with the interest, security of claim, or
contractual right, directly or
indirectly, in whole or
in part, is traceable to any thing or benefit that the person has obtained or
acquired
as a result of a felony violation of this Article.
(b) The following items are subject to forfeiture:
(1) All moneys, things of value, books, records, and |
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research products and materials that are used or intended to be used in committing a felony violation of this Article.
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(2) Everything of value furnished, or intended to be
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furnished, in exchange for a substance in violation of this Article, all proceeds traceable to that exchange, and all moneys, negotiable instruments, and securities used or intended to be used to commit or in any manner to facilitate the commission of a felony violation of this Article.
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(3) All real property, including any right, title,
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and interest (including, but not limited to, any leasehold interest or the beneficial interest in a land trust) in the whole of any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or in any manner to facilitate the commission of a felony violation of this Article or that is the proceeds of any act that constitutes a felony violation of this Article.
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(c) Property subject to forfeiture under this Article may be seized by the
Director of State Police or any
local law enforcement agency upon process or seizure warrant issued by any
court having
jurisdiction over the
property. The Director or a local law enforcement agency may seize property
under this
Section without process under any of the following circumstances:
(1) If the seizure is incident to inspection under
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an administrative inspection warrant.
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(2) If the property subject to seizure has been the
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subject of a prior judgment in favor of the State in a criminal proceeding or in an injunction or forfeiture proceeding under this Article.
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(3) If there is probable cause to believe that the
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property is directly or indirectly dangerous to health or safety.
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(4) If there is probable cause to believe that the
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property is subject to forfeiture under this Article and the property is seized under circumstances in which a warrantless seizure or arrest would be reasonable.
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(5) In accordance with the Code of Criminal
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(d) Proceedings instituted pursuant to this Section shall be subject to and
conducted in
accordance with the procedures set forth in this subsection.
The sentencing court, on petition by the Attorney General
or State's
Attorney at any time following sentencing of the defendant, shall conduct a
hearing
to determine
whether any property
or property interest of the defendant is subject to forfeiture under this
Section. At the
forfeiture hearing the
People have the burden of establishing, by a preponderance of the
evidence, that the property
or property interest is subject to forfeiture.
In an action brought by the People of the State of Illinois under
this Section,
in which a restraining order, injunction, prohibition, or other action
in
connection with any
property or interest subject to forfeiture under this Section is sought, the
circuit court presiding over
the trial of the person charged with a felony violation of this Article
shall first determine
whether there is probable cause to believe that the person so charged has
committed an
offense under this Article and whether the property or interest is
subject to forfeiture under
this Section. To make
that determination, before entering an order in connection with that property
or interest, the court shall conduct
a hearing without
a jury, at which the People must establish that there is (i) probable cause
that the person charged
committed a felony offense under this Article and (ii) probable cause that
property or
interest may be
subject to forfeiture under this Section. The hearing may be
conducted simultaneously
with a preliminary hearing, if the prosecution is commenced by information or
complaint, or by
motion of the People at any stage in the proceedings. The court may accept,
at a preliminary hearing, (i) the filing of an information charging
that the defendant committed
a felony offense
under this Article (ii) the return of an indictment by a
grand jury charging that the defendant committed
a felony offense under this Article as sufficient
evidence of probable
cause that the person committed the offense.
Upon making finding of probable cause, the circuit court
shall enter a
restraining order, injunction, or prohibition or shall take other action
in
connection with the property or other interest subject to forfeiture under this
Article as is
necessary to insure that the
property is not removed from the jurisdiction of the court, concealed,
destroyed,
or otherwise
disposed of by the owner of that property or interest before a forfeiture
hearing under this
subsection. The Attorney General or State's Attorney shall file a certified
copy of the restraining
order, injunction, or other prohibition with the recorder or registrar
of titles of each county
in which the property may be located. No injunction,
restraining order,
or other prohibition issued under this Section shall affect the rights of any
bonafide purchaser,
mortgagee, judgment creditor,
or other lien holder that arose before the date the certified copy is filed.
The court may
at
any time, on verified
petition by the defendant, conduct a hearing to determine whether all or
any portion of the
property or interest, which the court previously determined to be subject to
forfeiture or subject to
any restraining order, injunction, prohibition, or other action, should be
released. The court may
in its discretion release the property to the defendant for good cause shown.
Upon conviction of a person for a felony violation of this Article, the court
shall
authorize the
Director or State Police to seize any property or
other interest declared
forfeited under this Section on terms and conditions the court
deems proper.
(e) Property taken or detained under this Section shall not be subject to
replevin, but is
deemed to be in the custody of the Director subject only to the order and
judgments of the circuit
court having jurisdiction over the forfeiture proceedings and the decisions of
the Attorney General
or State's Attorney under this Article. When property is seized under this
Article,
the
seizing agency shall
promptly conduct an inventory of the seized property and estimate the
property's
value and shall
forward a copy of the estimate of the property's value to the Director of State
Police. Upon
receiving the notice
of seizure, the
Director may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the
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(3) Keep the property in the possession of the
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(4) Remove the property to a storage area for
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safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, deposit it in an interest bearing account.
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(5) Place the property under constructive seizure by
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posting notice of the pending forfeiture on it, by giving notice of the pending forfeiture to its owners and interest holders, or by filing a notice of the pending forfeiture in any appropriate public record relating to the property.
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(6) Provide for another agency or custodian,
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including an owner, secured party, or lienholder, to take custody of the property on terms and conditions set by the Director.
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(f) When property is forfeited under this Article the Director of State
Police
shall sell the property
unless the property is required by law to be destroyed or is harmful to the
public. The Director shall
distribute the proceeds of the sale, together with any moneys forfeited or
seized, in accordance with
subsection (g). On the application of the seizing agency or
prosecutor who was
responsible for the investigation, arrest, and prosecution that lead
to the forfeiture, however, the
Director may return any item of forfeited property to the seizing agency or
prosecutor for official
use in the enforcement of laws relating to this Article if the agency or
prosecutor
can demonstrate that
the item requested would be useful to the agency or prosecutor in their
enforcement efforts. When
any real property returned to the seizing agency is sold by the agency or its
unit of government, the
proceeds of the sale shall be delivered to the Director and distributed in
accordance with subsection (g).
(g) Except as provided in subsection (f), all moneys from penalties and the
proceeds of sale of all property
forfeited and
seized under this Article shall be distributed to the WIC program administered
by the Illinois Department of Human Services.
(Source: P.A. 91‑155, eff. 7‑16‑99.)
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