There is a newer version of the Illinois Compiled Statutes
2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 17 - Deception
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(ii) An "account holder" is any person having a | ||
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(iii) To act with the "intent to defraud" means to | ||
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(B) General Deception.
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 | ||
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(b) Being an officer, manager or other person | ||
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(c) He or she knowingly makes or directs another to | ||
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(d) With intent to obtain control over property or | ||
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(e) He or she issues or delivers a check or other | ||
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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 (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
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, 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 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.)
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(720 ILCS 5/17‑1a) (from Ch. 38, par. 17‑1a)
Sec. 17‑1a.
Civil Liability for Deceptive Practices.
A person who issues
a check or order to a payee in violation of Section 17‑1(B) (d) and who
fails to pay the amount of the check or order to the payee within 30 days
following either delivery and acceptance by the addressee of a written
demand
by both certified mail and by first class mail to the person's last
know address; or attempted delivery of a written demand sent by both
certified mail and by first class mail to the person's last known address
and the demand by certified mail is returned to the sender with a notation
that delivery was refused or unclaimed, shall be
liable to the payee or a person subrogated to the
rights of the payee for, in addition to the amount owing upon such check or
order, damages of treble the amount so owing, but in no case less than $100
nor more than $1,500, plus attorney fees and court costs.
A cause of action under this Section may be brought in small claims court
or in any other appropriate court. As part of the written demand required
by this Section, the plaintiff shall
provide written notice to the defendant of the fact that prior to the hearing
of any action under
this Section, the defendant may tender to the plaintiff and the plaintiff
shall accept as satisfaction of the claim, an amount of money equal to the
sum of the amount of the check and the incurred court costs, and service
and attorney fees.
(Source: P.A. 89‑378, eff. 8‑18‑95; 90‑227, eff. 1‑1‑98; 90‑721, eff. 1‑1‑99.)
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(720 ILCS 5/17‑1b)
Sec. 17‑lb.
State's Attorney's bad check diversion program.
(a) In this Section:
"Offender" means a person charged with, or for whom probable cause
exists to charge the person with, deceptive practices.
"Pretrial diversion" means the decision of a prosecutor to refer an
offender to a diversion program on condition that the criminal charges against
the offender will be dismissed after a specified period of time, or the case
will not be charged, if the offender successfully completes the program.
"Restitution" means all amounts payable to a victim of deceptive practices
under the bad check diversion program created under this Section, including
the amount of the check and any transaction fees payable to a victim as set
forth in subsection (g)
but does not include amounts
recoverable under Section 3‑806 of the Uniform Commercial Code and Section
17‑1a of this Code.
(b) A State's Attorney may create within his or her office a bad check
diversion program for offenders who agree to voluntarily participate in the
program instead of undergoing prosecution. The program may be conducted by the
State's Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private entity to perform
any services in operating the program, the entity shall operate under the
supervision, direction, and control of the State's Attorney. Any private entity
providing services under this Section is not a "collection agency" as that
term is defined under the Collection Agency Act.
(c) If an offender is referred to the State's Attorney, the State's
Attorney may determine whether the offender is appropriate for acceptance in
the
program. The State's Attorney may consider, but shall not be limited to
consideration of, the
following factors:
(1) the amount of the check that was drawn or passed;
(2) prior referrals of the offender to the program;
(3) whether other charges of deceptive practices are | ||
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(4) the evidence presented to the State's Attorney | ||
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(5) the offender's criminal history; and
(6) the reason the check was dishonored by the | ||
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(d) The bad check diversion program may require an offender to do one or
more of the following:
(i) pay for, at his or her own expense, and | ||
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(ii) make full restitution for the offense;
(iii) pay a per‑check administrative fee as set | ||
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(e) If an offender is diverted to the program, the State's Attorney shall
agree in writing not to prosecute the offender upon the offender's successful
completion of the program conditions. The State's Attorney's agreement to
divert the offender shall specify the
offenses that will not be prosecuted by identifying the checks involved in the
transactions.
(f) The State's Attorney, or private entity under contract with the
State's Attorney, may collect a fee from an offender diverted to the State's
Attorney's bad check diversion program. This fee may be deposited in a
bank account maintained by the State's Attorney for the purpose of
depositing fees and paying the expenses of the program. The State's
Attorney may require that the fee be paid directly to a private entity that
administers the program under a contract with the State's Attorney.
The amount of the administrative fees collected by the State's Attorney
under the program may not exceed $35 per check. The county board may,
however, by ordinance, increase the fees allowed by this Section if the
increase is justified by an acceptable cost study showing that the fees
allowed by this Section are not sufficient to cover the cost of providing the
service.
(g) (1) The private entity shall be required to | ||
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(2) (A) Each private entity that has a contract | ||
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(B) The trust account shall be established in a | ||
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(C) Each private entity shall keep on file the | ||
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(3) The State's Attorney may cancel a contract | ||
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(A) Conviction of the private entity or the | ||
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(B) A determination that the private entity has | ||
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(4) The State's Attorney may determine whether the | ||
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(A) Using or threatening to use force or | ||
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(B) Threatening the seizure, attachment, or sale | ||
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(C) Disclosing or threatening to disclose | ||
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(D) Initiating or threatening to initiate | ||
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(E) Communicating with the offender or any | ||
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(i) Communicating with the offender or any | ||
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(ii) The threat of publication or | ||
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(iii) The threat of advertisement or | ||
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(iv) Causing a telephone to ring or engaging | ||
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(v) Using profane, obscene or abusive | ||
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(vi) Disclosing or threatening to | ||
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(vii) Disclosing or threatening to | ||
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(viii) Engaging in any conduct which the | ||
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(ix) Attempting or threatening to enforce a | ||
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(x) Except as authorized by the State's | ||
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(xi) Using any badge, uniform, or other | ||
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(xii) Except as authorized by the State's | ||
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(xiii) Misrepresenting the amount of the | ||
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(xiv) Except as authorized by the State's | ||
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(xv) Except as authorized by the State's | ||
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(xvi) Collecting or attempting to collect | ||
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(xvii) Communicating or threatening to | ||
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(xviii) Engaging in dishonorable, unethical, | ||
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(5) The State's Attorney shall audit the accounts of | ||
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(6) Any information obtained by a private entity | ||
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(h) The State's Attorney, or private entity under contract with the
State's Attorney, shall recover, in addition to the face amount of the
dishonored check or draft, a transaction fee to defray the costs and expenses
incurred by a victim who received a dishonored check that was made or
delivered by the offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or private entity
under contract with the State's Attorney to the victim as
restitution for the offense. The amount of the transaction fee must not
exceed: $25 if the face amount of the check or draft does not exceed $100;
$30 if the face amount of the check or draft is greater than $100 but does not
exceed $250; $35 if the face amount of the check or draft is greater than
$250 but does not exceed $500; $40 if the face amount of the
check or draft is greater than $500 but does not exceed $1,000; and $50 if the
face amount of the check or draft is greater than $1,000.
(i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may submit a
grievance to
the State's Attorney who may then resolve the grievance. The private entity
must give notice to the offender that the grievance procedure is available. The
grievance procedure shall be established by the State's Attorney.
(Source: P.A. 93‑394, eff. 7‑29‑03.)
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(2) for a costume worn, or intended to be worn, by a | ||
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(b) No person shall use the words "Chicago Police," "Chicago Police
Department," "Chicago Patrolman," "Chicago
Sergeant," "Chicago Lieutenant,"
"Chicago Peace Officer"
or
any other words to the same effect in the title
of any organization, magazine, or other publication without the express
approval of the Chicago Police Board.
(b‑5) No person shall use the words "Cook County Sheriff's Police" or
"Cook County Sheriff" or any other words to the same effect in the title of any
organization, magazine, or other publication without the express approval of
the office of the Cook County Sheriff's Merit Board. The references to names
and titles in
this
Section may not be construed as authorizing use of the names and titles of
other organizations or public safety personnel organizations otherwise
prohibited by this Section or the Solicitation for Charity Act.
(c) (Blank).
(c‑1) No person may claim or represent that he or she is acting on behalf
of
any police
department, chief of a police department, fire department, chief of a fire
department, sheriff's
department, or sheriff when soliciting financial contributions or selling or
delivering or offering
to sell or deliver any merchandise, goods, services, memberships, or
advertisements unless the
chief of the police department, fire department, and the
corporate or municipal authority thereof,
or the sheriff has first
entered into a written
agreement with the person or with an organization with which the person is
affiliated and the
agreement permits the activity.
(c‑2) No person, when soliciting financial contributions or selling or
delivering or offering
to sell or deliver any merchandise, goods, services, memberships, or
advertisements may claim
or represent that he or she is representing or acting on behalf of any
nongovernmental
organization by any name which includes "officer", "peace officer", "police",
"law
enforcement", "trooper", "sheriff", "deputy", "deputy sheriff", "State police",
or any other word
or words which would reasonably be understood to imply that the organization is
composed of
law enforcement personnel unless the person is actually representing or acting
on behalf of the
nongovernmental organization, and the nongovernmental organization is
controlled by and
governed by a membership of and represents a group or association of active
duty peace officers,
retired peace officers, or injured peace officers and before commencing the
solicitation or the
sale or the offers to sell any merchandise, goods, services, memberships, or
advertisements, a
written contract between the soliciting or selling person and the
nongovernmental
organization has been entered into.
(c‑3) No person may solicit financial contributions or sell or deliver or
offer to sell or
deliver any merchandise, goods, services, memberships, or advertisements on
behalf of a police,
sheriff, or other law enforcement department unless that person is actually
representing or acting
on behalf of the department or governmental organization and has entered into a
written contract
with the police chief, or head of the law enforcement department,
and the corporate or
municipal authority thereof, or the sheriff, which specifies and states clearly
and fully the purposes for which
the proceeds of the solicitation, contribution, or sale will be used.
(c‑4) No person, when soliciting financial contributions or selling or
delivering or
offering to sell or deliver any merchandise, goods, services, memberships, or
advertisements,
may claim or represent that he or she is representing or acting on behalf of
any nongovernmental
organization by any name which includes the term "fireman", "fire fighter",
"paramedic", or any
other word or words which would reasonably be understood to imply that the
organization is
composed of fire fighter or paramedic personnel unless the person is actually
representing or
acting on behalf of the nongovernmental organization, and the nongovernmental
organization is
controlled by and governed by a membership of and represents a group or
association of active
duty, retired, or injured fire fighters (for the purposes of this Section,
"fire fighter" has the
meaning ascribed to that term in Section 2 of the Illinois Fire Protection
Training Act)
or active duty, retired, or injured emergency medical technicians ‑ ambulance,
emergency
medical technicians ‑ intermediate, emergency medical technicians ‑ paramedic,
ambulance
drivers, or other medical assistance or first aid personnel, and before
commencing the solicitation
or the sale or delivery or the offers to sell or deliver any merchandise,
goods, services,
memberships, or advertisements, a written contract between the soliciting
or selling person
and the nongovernmental organization has been entered into.
(c‑5) No person may solicit financial contributions or sell or deliver or
offer to sell or
deliver any merchandise, goods, services, memberships, or advertisements on
behalf of a
department or departments of fire fighters unless that person is actually
representing or acting on
behalf of the department or departments and has entered into a written contract
with the
department chief and corporate or municipal authority thereof which specifies
and states clearly
and fully the purposes for which the proceeds of the solicitation,
contribution, or sale will be
used.
(c‑6) No person may claim or represent that he or she is an airman, airline employee, airport employee, or contractor at an airport in order to obtain the uniform, identification card, license, or other identification paraphernalia of an airman, airline employee, airport employee, or contractor at an airport.
(d) Sentence. False personation, unapproved use of a name or title,
or solicitation in violation of subsection (a), (b), or (b‑5)
of
this Section is a Class C misdemeanor. False personation in violation of
subsections (a‑5) and (c‑6) is a Class A misdemeanor.
False personation in violation of subsection (a‑6) of this Section is a petty offense for which the offender shall be fined at least $100 and not exceeding $200. Engaging in any activity in violation of subsection (c‑1), (c‑2), (c‑3),
(c‑4), or (c‑5) of this Section is a Class 4 felony.
(Source: P.A. 94‑548, eff. 8‑11‑05; 94‑755, eff. 1‑1‑07.)
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(720 ILCS 5/17‑2.5)
Sec. 17‑2.5.
False academic degrees.
(a) It is unlawful for a person to knowingly manufacture or produce
for profit or for sale a false academic degree, unless the degree explicitly
states "for novelty purposes only".
(b) It is unlawful for a person to knowingly use a false academic
degree for the purpose of obtaining employment or admission to an
institution of higher learning or admission to an advanced degree
program at an institution of higher learning or for the purpose of obtaining
a promotion or higher compensation in employment.
(c) Sentence. A person who violates this Section is guilty of a Class
A misdemeanor.
(d) In this Section:
"False academic degree" means a certificate, diploma, transcript, or other
document purporting to be issued by an institution of higher learning or
purporting to indicate that a person has completed an organized academic
program of study at an institution of higher learning when the person has not
completed the organized academic program of study indicated
on the certificate, diploma, transcript, or other document.
"Institution of higher learning" means a public or private college,
university, or community college located in the State of Illinois that is
authorized by the Board of Higher Education or the Illinois Community
College Board to issue post‑secondary degrees, or a public or private college,
university, or community college located anywhere in the United States that is
or has been legally constituted to offer degrees and instruction in its state
of origin or incorporation.
(Source: P.A. 93‑239, eff. 7‑22‑03.)
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(2) issues or delivers such document knowing it to | ||
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(3) possesses, with intent to issue or deliver, any | ||
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(4) unlawfully uses the digital signature, as | ||
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(5) unlawfully uses the signature device of another | ||
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(b) An intent to defraud means an intention to cause another to assume,
create, transfer, alter or terminate any right, obligation or power with
reference to any person or property.
As used in this Section, "document" includes, but is not limited to, any
document, representation, or image produced manually, electronically, or by
computer.
(c) A document apparently capable of defrauding another includes, but is
not limited to, one by which any right, obligation or power with reference
to any person or property may be created, transferred, altered or
terminated. A document includes any record or electronic record as those
terms are defined in the Electronic Commerce Security Act.
(d) Sentence.
Forgery is a Class 3 felony.
(Source: P.A. 94‑458, eff. 8‑4‑05.)
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(720 ILCS 5/17‑4) (from Ch. 38, par. 17‑4)
Sec. 17‑4.
Deceptive altering or sale of coins.
(a) A person commits a deceptive altering of coins when he in any manner
alters any coin to increase the value of the coin to coin collectors.
(b) A person commits a deceptive sale of coins when he sells or
advertises for sale any coin he knows has been deceptively altered for a
higher rate or value than is indicated by the denomination of the coin.
(c) Sentence.
Deceptive altering or sale of coins is a Class A misdemeanor.
(Source: P.A. 77‑2638.)
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(720 ILCS 5/17‑5) (from Ch. 38, par. 17‑5)
Sec. 17‑5.
Deceptive collection practices.
A collection agency as defined in the "Collection Agency Act" or any
employee of such collection agency commits a deceptive collection practice
when, with the intent to collect a debt owed to a person, corporation, or
other entity, he:
(a) represents falsely that he is an attorney, a policeman, a sheriff or
deputy sheriff, a bailiff, a county clerk or employee of a county clerk's
office, or any other person who by statute is authorized to enforce the law
or any order of a court; or
(b) while attempting to collect an alleged debt, misrepresents to the
alleged debtor or to his immediate family the corporate, partnership or
proprietary name or other trade or business name under which the debt
collector is engaging in debt collections and which he is legally
authorized to use; or
(c) while attempting to collect an alleged debt, adds to the debt any
service charge, interest or penalty which he is not entitled by law to add;
or
(d) threatens to ruin, destroy, or otherwise adversely affect an alleged
debtor's credit rating unless, at the same time, a disclosure is made in
accordance with federal law that the alleged debtor has a right to inspect
his credit rating; or
(e) accepts from an alleged debtor a payment which he knows is not owed.
The commission of a deceptive collection practice is a Business Offense
punishable by a fine not to exceed $3,000.
(Source: P. A. 78‑1248.)
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(720 ILCS 5/17‑5.5)
Sec. 17‑5.5.
Unlawful attempt to collect compensated debt against a crime
victim.
(a) As used in this Section, "crime victim" means a victim of a violent
crime or applicant
as defined in the Crime Victims Compensation Act.
"Compensated debt" means a debt incurred by or on behalf of a
crime victim and approved for payment by the Court of Claims under the Crime
Victims Compensation Act.
(b) A person or a vendor commits the offense of unlawful attempt to collect
a compensated debt against a crime victim when, with intent to collect funds
for a debt incurred by or on behalf of a crime victim, which debt has been
approved for payment by the Court of Claims under the Crime Victims
Compensation Act, but the funds are involuntarily
withheld from the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or vendor to the State under the
Uncollected State Claims Act, the person or vendor:
(1) communicates with, harasses, or intimidates the | ||
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(2) contacts or distributes information to affect | ||
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(3) takes any other action adverse to the crime | ||
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(c) Unlawful attempt to collect a compensated debt against a crime victim is
a Class A misdemeanor.
(d) Nothing in this Act prevents the attempt to collect an uncompensated
debt or an uncompensated portion of a compensated debt incurred by or on behalf
of a crime victim and not covered under the Crime Victims Compensation
Act.
(Source: P.A. 92‑286, eff. 1‑1‑02.)
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(720 ILCS 5/17‑7) (from Ch. 38, par. 17‑7)
Sec. 17‑7.
Promotion of pyramid sales schemes.
(a) The term "pyramid
sales scheme" means any plan or operation whereby a person, in exchange
for money or other thing of value, acquires the opportunity to receive a
benefit or thing of value, which is primarily based upon the inducement
of additional persons, by himself or others, regardless of number, to participate
in the same plan or operation and is not primarily contingent on the volume
or quantity of goods, services, or other property sold or distributed or
to be sold or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of value" shall not
include payments
made for sales demonstration equipment and materials furnished on a nonprofit
basis for use in making sales and not for resale.
(b) Any person who knowingly sells, offers to sell, or attempts to sell
the right to participate in a pyramid sales scheme commits a Class A misdemeanor.
(Source: P.A. 83‑808.)
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(720 ILCS 5/17‑8) (from Ch. 38, par. 17‑8)
Sec. 17‑8.
Health Care Benefits Fraud.
(a) A person commits health
care benefits fraud if he or she with the intent
to defraud or deceive any provider, other than a governmental unit
or agency, obtains or attempts to obtain health care benefits.
(b) Health care benefits fraud is a Class A misdemeanor.
(Source: P.A. 84‑418.)
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(720 ILCS 5/17‑9) (from Ch. 38, par. 17‑9)
Sec. 17‑9.
Public aid wire fraud.
(a) Whoever knowingly makes or
transmits any communication by means of telephone, wire, radio or
television, such communication being made, transmitted or received within
the State of Illinois, intending that such
communication be made or transmitted in furtherance of any plan, scheme or
design to obtain, unlawfully, any
benefit or payment under "The Illinois Public Aid Code", as amended,
commits the offense of public aid wire fraud.
(b) Whoever knowingly directs or causes any communication to be made or
transmitted by means of telephone, wire, radio or television, intending
that such communication be made or transmitted in furtherance of any plan,
scheme or design to obtain, unlawfully, any benefit or payment under "The
Illinois Public Aid
Code", as amended, commits the offense of public aid wire fraud.
(c) Penalty. Public aid wire fraud is a Class 4 felony.
(Source: P.A. 84‑1255.)
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(720 ILCS 5/17‑10) (from Ch. 38, par. 17‑10)
Sec. 17‑10.
Public aid mail fraud.
(a) Whoever knowingly places any
communication with the United States Postal Service, or with any private or
other mail, package or delivery service or system, such communication being
placed or received within the State of Illinois, intending that such
communication be delivered in furtherance of any plan, scheme or design to
obtain, unlawfully,
any benefit or payment under "The Illinois Public Aid Code", as amended,
commits the offense of public aid mail fraud.
(b) Whoever knowingly directs or causes any communication to be placed
with the United States Postal Service, or with any private or other mail,
package or delivery service or system, intending that such communication be
delivered in furtherance of any plan, scheme or design to obtain,
unlawfully, any benefit or payment under "The Illinois Public Aid Code", as
amended, commits the offense of public aid mail fraud.
(c) Penalty. Public aid mail fraud is a Class 4 felony.
(Source: P.A. 84‑1256; 84‑1438.)
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(720 ILCS 5/17‑11) (from Ch. 38, par. 17‑11)
Sec. 17‑11.
Odometer Fraud.
Any person who shall, with intent to
defraud another, disconnect, reset, or
alter, or cause to be disconnected, reset or altered, the odometer of any
used motor vehicle with the intent to conceal or change the actual miles
driven shall be
guilty of a Class A misdemeanor. A person convicted of a second or
subsequent violation of this Section shall be guilty of a Class 4 felony.
This Section shall not apply to legitimate business practices of automotive
parts recyclers who recycle used odometers for resale.
(Source: P.A. 84‑1391; 84‑1438.)
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(720 ILCS 5/17‑11.1)
Sec. 17‑11.1.
Hour meter fraud.
Any person who, with intent
to defraud another, disconnects, resets, or alters, or causes to be
disconnected, reset, or altered, the hour meter of any used farm implement,
including but not limited to tractors and combines, with intent to conceal or
change the actual hours of operation, shall be guilty of a Class A misdemeanor.
A person convicted of a second or subsequent violation of this Section shall
be guilty of a Class 4 felony. This Section shall not apply to legitimate
practices of implement parts recyclers who recycle used hour meters for resale.
(Source: P.A. 89‑255, eff. 1‑1‑96; 89‑626, eff. 8‑9‑96.)
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(720 ILCS 5/17‑11.2)
Sec. 17‑11.2.
Installation of object in lieu of air bag.
Any person who
for consideration knowingly
installs or reinstalls in a vehicle any object in lieu of an air bag that was
designed in
accordance with federal safety regulations for the make, model, and year of the
vehicle as
part of a vehicle inflatable restraint system is guilty of a Class A
misdemeanor.
(Source: P.A. 92‑809, eff. 1‑1‑03.)
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(720 ILCS 5/17‑13)
Sec. 17‑13.
Fraudulent land sales.
A person, after once
selling, bartering, or disposing of a
tract or tracts of land, town lot or lots, or executing a bond or
agreement for the sale of lands, or town lot or lots, who
again knowingly and fraudulently sells, barters, or
disposes of the same tract or tracts of land, or town lot or
lots, or any parts of those tracts of land, town lot or lots,
or
knowingly and fraudulently executes a bond or agreement to
sell, barter, or dispose of the same land, or lot or lots, or any
part of that land, lot or lots, to any other person for a
valuable consideration is guilty of a Class 3 felony.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑14)
Sec. 17‑14.
Party to fraudulent land conveyance.
A
person who is a party to a fraudulent conveyance of lands,
tenements or hereditaments, goods or chattels, or a right or
interest issuing out of the same, or to a bond, action,
judgment, or enforcement thereof; contract or conveyance had, made, or
contrived, with intent to deceive and defraud others, or to defeat, hinder,
or delay creditors or others of their just debts, damages, or demands, or
who is a party as stated in this Section, at any
time wittingly and willingly puts in use, avow, maintain, justify, or
defend the same or any of them as true, and done, had,
or made in good faith, or upon good consideration, or sells, aliens, or
assigns any of the lands, tenements, hereditaments, goods, chattels, or
other things mentioned in this Section, to him or her
conveyed as stated in this Section, or any part thereof, is
guilty of a business offense and shall be fined not exceeding $1,000.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑15)
Sec. 17‑15.
Acknowledgment of fraudulent conveyance.
If an officer
authorized to take the proof and acknowledgment of
a conveyance of real or personal property, or other instrument,
wilfully certifies that the conveyance or other instrument was
duly proven or acknowledged by a party to the conveyance or other
instrument, when no such acknowledgment or proof was
made, or was not made at the time it was certified to have been made, with
intent to injure or defraud, or to enable any other person to injure or
defraud, he or she is guilty of a Class 4 felony.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑16)
Sec. 17‑16.
Fraudulent production of infant.
A person
who fraudulently produces an infant, falsely
pretending it to have been born of parents whose child would be entitled to a
share of a personal estate, or to inherit real estate, with
the intent of intercepting the inheritance of the real estate,
or the distribution of the personal property from a person lawfully entitled to
the personal property,
is guilty of a Class 3 felony.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑17)
Sec. 17‑17.
Fraudulent issuance of stock.
Every president,
cashier, treasurer, secretary, or other officer and every agent,
attorney, servant, or employee of a bank, railroad, or
manufacturing or other corporation, and every other person who,
knowingly and designedly, and with intent to defraud a person,
bank, railroad, or manufacturing or other corporation, issues, sells,
transfers, assigns, or pledges, or causes or procures to be issued, sold,
transferred, assigned, or
pledged, any false, fraudulent, or simulated certificate or other evidence
of ownership of a share or shares of the capital stock of a bank, railroad, or
manufacturing or other corporation, is guilty of a Class 3 felony.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑18)
Sec. 17‑18.
Fraudulent stock; officer signing.
Every president,
cashier, treasurer, secretary, or other officer, and every agent of a bank,
railroad, or manufacturing or other corporation, who wilfully and designedly
signs, with intent to issue,
sell, pledge, or cause to be issued, sold, or pledged, any false,
fraudulent, or simulated certificate or other evidence of the ownership or
transfer of a share or shares of the capital stock of that corporation, or an
instrument purporting to be a
certificate or other evidence of the ownership or transfer, the
signing, issuing, selling, or pledging of which by the
president, cashier, treasurer, or other officer or agent is
not authorized by the charter and by‑laws of the
corporations, or by some amendment of the charter or by‑laws, is, guilty of a
Class 3 felony.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑19)
Sec. 17‑19.
Use of name Pawners' Society.
No person, firm,
copartnership, or corporation (except corporations organized and doing business
under the Pawners Societies Act)
shall use a name that contains in it the words
"Pawners' Society". A person, firm, copartnership, or
corporation violating the provisions of this Section is guilty
of a petty offense for each day the person, firm,
copartnership, or corporation continues to use a name that
contains those words and shall be fined not less than $5, nor
more than $100.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑20)
Sec. 17‑20.
Obstructing gas, water, and electric current meters.
A person,
who, with intent to injure or defraud a
company, body corporate, copartnership, or individual, injures, alters,
obstructs, or prevents the
action of a meter provided for the purpose of measuring and
registering the quantity of gas, water, or electric current consumed by or
at a burner, orifice, or place, or supplied to a
lamp, motor, machine, or appliance, or causes,
procures, or aids the injuring or altering of any
such meter or the obstruction or prevention of its action, or makes or causes
to be made with a gas pipe, water
pipe, or
electrical conductor any connection so as to conduct or supply illumination or
inflammable gas, water, or electric current to any burner,
orifice, lamp, motor, or other machine or appliance
from which the gas, water, or electricity may be consumed or
utilized without passing through or being registered by a meter or without the
consent or acquiescence of the company, municipal corporation, body corporate,
copartnership, or individual furnishing or transmitting the
gas, water, or electric current through the gas pipe, water
pipe, or electrical conductor, is guilty of a Class B
misdemeanor.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑21)
Sec. 17‑21.
Obstructing service meters.
A person, who,
with the intent to defraud, tampers with, alters, obstructs or prevents the
action of a meter, register, or other counting device that is a part of a
mechanical or electrical machine,
equipment, or device that measures service, without the
consent of the owner of the machine, equipment, or device,
is guilty of a Class B misdemeanor.
(Source: P.A. 89‑234, eff. 1‑1‑96.)
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(720 ILCS 5/17‑22)
Sec. 17‑22.
False information on an application for employment with
certain public or private agencies.
(a) It is unlawful for an applicant for employment with a public or private
agency that provides State funded services to persons with mental illness or
developmental disabilities to wilfully furnish false information regarding
professional certification, licensing, criminal background, or employment
history for the 5 years immediately preceding the date of application
on an
application for
employment with the agency if the position of employment requires or provides
opportunity for contact with persons with mental illness or developmental
disabilities.
(b) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 90‑390, eff. 1‑1‑98.)
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(720 ILCS 5/17‑23)
Sec. 17‑23.
Counterfeit Universal Price Code Label.
(a) A person who, with intent to defraud a merchant, possesses, uses,
transfers, makes, sells, reproduces, tenders, or delivers a false, counterfeit,
altered, or simulated Universal Price Code Label is guilty of a Class 4 felony.
(b) A person who possesses more than one false, counterfeit, altered, or
simulated Universal Price Code Label or who possesses a device the purpose of
which is to manufacture false, counterfeit, altered, or simulated Universal
Price Code Labels is guilty of a Class 3 felony.
(c) (Blank).
(d) Definitions. In this Section:
"Universal Price Code Label" means a unique symbol that consists of a machine
readable code and human readable numbers.
"Merchant" has the meaning ascribed to it in Section 16A‑2.4 of this Code.
"Intent to defraud" has the meaning ascribed to it in paragraph (iii) of
subsection (A) of Section 17‑1 of this Code.
(Source: P.A. 91‑136, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(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 | ||
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(B) (i) transmits or causes to be transmitted | ||
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(ii) transmits or causes to be transmitted | ||
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(iii) transmits or causes to be transmitted | ||
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any writings, signals, pictures, sounds, or electronic | ||
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(2) A scheme or artifice to defraud using electronic | ||
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(3) Wire fraud is a Class 3 felony.
(b) Mail fraud.
(1) A person commits mail fraud when he or she:
(A) devises or intends to devise any scheme or | ||
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(B) for the purpose of executing such scheme or | ||
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(2) A scheme or artifice to defraud using a | ||
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(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:
(1) "Scheme or artifice to defraud" includes a | ||
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(2) (Blank).
(Source: P.A. 92‑16, eff. 6‑28‑01; 93‑440, eff. 8‑5‑03.)
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(720 ILCS 5/17‑25)
Sec. 17‑25.
Use of scanning device or reencoder to defraud.
(a) In this Section:
"Scanning device" means a scanner, reader, or any other electronic device
that is used to access, read, scan, obtain, memorize, or store, temporarily or
permanently, information encoded on the magnetic strip or stripe of a payment
card.
"Reencoder" means an electronic device that places encoded information from
the magnetic strip or stripe of a payment card onto the magnetic strip or
stripe of a different payment card.
"Payment card" means a credit card, charge card, debit card, or any other
card that is issued to an authorized card user and that allows the user to
obtain, purchase, or receive goods, services, money, or anything else of value
from a merchant.
"Merchant" means an owner or operator of any retail mercantile
establishment or any agent, employee, lessee, consignee, officer, director,
franchisee, or independent contractor of the owner or operator. "Merchant"
also means a person who receives from an authorized user of a payment card, or
someone the person believes to be an authorized user, a payment card or
information from a payment card, or what the person believes to be a payment
card or information from a payment card, as the instrument for obtaining,
purchasing or receiving goods, services, money, or anything else of value from
the person.
(b) It is unlawful for a person to use:
(1) a scanning device to access, read, obtain, | ||
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(2) a reencoder to place information encoded on the | ||
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(c) Sentence. A violation of this Section is a Class 4 felony. A second or
subsequent violation of this Section is a Class 3 felony.
(Source: P.A. 92‑818, eff. 8‑21‑02.)
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(720 ILCS 5/17‑26)
Sec. 17‑26.
Misconduct by a corporate official.
(a) A person is guilty of a crime when:
(1) being a director of a corporation, he knowingly | ||
|
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(A) making a dividend except in the manner | ||
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(B) dividing, withdrawing or in any manner | ||
|
||
(C) discounting or receiving any note or other | ||
|
||
(D) receiving or discounting any note or other | ||
|
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(E) applying any portion of the funds of such | ||
|
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(2) being a director or officer of a corporation, | ||
|
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(A) issues, participates in issuing, or concurs | ||
|
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(B) sells, or agrees to sell, or is directly | ||
|
||
(C) executes a scheme or attempts to execute a | ||
|
||
(3) being a director or officer of a corporation, he | ||
|
||
(A) causes or attempts to cause a corporation or | ||
|
||
(B) causes or attempts to cause a corporation or | ||
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(b) If the benefit derived from a violation of this Section is $500,000
or more, the offender is guilty of a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the offender is guilty of a
Class 3 felony.
(Source: P.A. 93‑496, eff. 1‑1‑04.)
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(720 ILCS 5/17‑27)
Sec. 17‑27.
Fraud in insolvency.
(a) A person commits a crime if, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or other person
entitled to administer property for the benefit of creditors, or that any other
composition or liquidation for the benefit of creditors has been or is about to
be made, he:
(1) destroys, removes, conceals, encumbers, | ||
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(2) knowingly falsifies any writing or record | ||
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(3) knowingly misrepresents or refuses to disclose | ||
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(b) If the benefit derived from a violation of this Section is $500,000
or more, the offender is guilty of a Class 2 felony. If the benefit derived
from
a violation of this Section is less than $500,000, the offender is guilty of a
Class 3 felony.
(Source: P.A. 93‑496, eff. 1‑1‑04.)
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(720 ILCS 5/17‑28) Sec. 17‑28. Defrauding drug and alcohol screening tests. (a) It is unlawful for a person to: (1) manufacture, sell, give away, distribute, or | ||
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(2) attempt to foil or defeat a drug or alcohol | ||
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(3) adulterate synthetic or human substances with the | ||
|
||
(4) manufacture, sell, or possess adulterants that | ||
|
||
(b) For the purpose of determining the intent of the | ||
|
||
(c) Sentence. A violation of this Section is a Class 4 | ||
|
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(d) For the purposes of this Section, "drug or alcohol | ||
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(Source: P.A. 93‑691, eff. 7‑9‑04.) |
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"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a | ||
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"Disabled" means a severe physical or mental | ||
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"Minority owned business" means a business concern | ||
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"Female owned business" means a business concern that | ||
|
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"Business owned by a person with a disability" means | ||
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"Governmental unit" means the State, a unit of local | ||
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(b) In addition to any other penalties imposed by law or | ||
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(c) In addition to any other penalties authorized by law, | ||
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(Source: P.A. 94‑126, eff. 1‑1‑06; 94‑863, eff. 6‑16‑06.) |
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