Judiciary II - Criminal Law Committee
Filed: 2/10/2005
 
 

 




 

 		












09400HB0381ham001

LRB094 06805 RLC 39560 a






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AMENDMENT TO HOUSE BILL 381




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    AMENDMENT NO. ______. Amend House Bill 381 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 17-29 as follows:
 
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    (720 ILCS 5/17-29  new)
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    Sec. 17-29. Businesses owned by minorities, females, and 
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persons with disabilities;  fraudulent contracts with 
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governmental units.
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    (a) In this Section:
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        "Minority person" means a person who is:
        (1) African 
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    American (a person having origins in any

of the black 
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    racial groups in Africa);
        (2) Hispanic (a person of Spanish 
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    or Portuguese

culture with origins in Mexico, South or 
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    Central America, or the Caribbean Islands, regardless of 
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    race);
        (3) Asian American (a person having origins in any


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    of the original peoples of the Far East, Southeast Asia, 
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    the Indian Subcontinent or the Pacific Islands); or
        (4) 
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    Native American or Alaskan Native (a person

having origins 
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    in any of the original peoples of North America).
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        "Female" means a person who is of the female gender.

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        "Person with a disability" means a person who is a 
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    person qualifying as being disabled.

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        "Disabled" means a severe physical or mental 
 


 






09400HB0381ham001
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    disability that:
    (1) results from:
    amputation,
    arthritis,
    
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    autism,
    blindness,
    burn injury,
    cancer,
    cerebral palsy,
    
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    cystic fibrosis,
    deafness,
    head injury,
    heart disease,
    
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    hemiplegia,
    hemophilia,
    respiratory or pulmonary 
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    dysfunction,
    mental retardation,
    mental illness,
    multiple 
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    sclerosis,
    muscular dystrophy,
    musculoskeletal disorders,
    
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    neurological disorders, including stroke and epilepsy,
    
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    paraplegia,
    quadriplegia and other spinal cord conditions,
    
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    sickle cell anemia,
    specific learning disabilities, or
    end 
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    stage renal failure disease; and
    (2) substantially limits 
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    one or more of the person's major life activities.
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        "Minority owned business" means a business concern 
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    that is at least 51% owned by one or more minority persons, 
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    or in the case of a corporation, at least 51% of the stock 
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    in which is owned by one or more minority persons; and the 
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    management and daily business operations of which are 
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    controlled by one or more of the minority individuals who 
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    own it.
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        "Female owned business" means a business concern that 
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    is at least 51% owned by one or more females, or, in the 
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    case of a corporation, at least 51% of the stock in which 
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    is owned by one or more females; and the management and 
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    daily business operations of which are controlled by one or 
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    more of the females who own it.
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        "Business owned by a person with a disability" means a 
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    business concern that is at least 51% owned by one or more 
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    persons with a disability and the management and daily 
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    business operations of which are controlled by one or more 
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    of the persons with disabilities who own it. A 
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    not-for-profit agency for persons with disabilities that 
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    is exempt from taxation under Section 501 of the Internal 
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    Revenue Code of 1986 is also considered a "business owned 
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    by a person with a disability".
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        "Governmental unit" means the State, a unit of local 
 


 






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    government, or school district.
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    (b) In addition to any other penalties imposed by law or by 
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an ordinance or resolution of a unit of local government or 
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school district, any individual or entity that knowingly 
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obtains, or knowingly assists another to obtain, a contract 
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with a governmental unit by falsely representing that the 
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individual or entity, or the individual or entity assisted, is 
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a minority owned business, female owned business, or business 
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owned by a person with a disability is guilty of a Class 2 
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felony, regardless of whether the preference for awarding the 
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contract to a minority owned business, female owned business, 
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or business owned by a person with a disability was established 
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by statute or by local ordinance or resolution.
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    (c) In addition to any other penalties authorized by law, 
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the court shall order that an individual or entity convicted of 
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a violation of this Section must pay to the governmental unit 
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that awarded the contract a penalty equal to one and one-half 
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times the amount of the contract obtained because of the false 
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representation.".