96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3645


 
Introduced 2/11/2010, by Sen. Linda Holmes
 
SYNOPSIS AS INTRODUCED:
 		





 


  



815 ILCS 515/5
  from Ch. 121 1/2, par. 1605








     Amends the Home Repair Fraud Act. Provides that a person commits the offense
of aggravated home repair fraud when he commits home repair fraud in connection with a home repair project intended to assist a disabled person. Provides that aggravated home repair involving misrepresentation or deception is a Class 3 (instead of Class 4) felony when the amount of the contract or agreement is $500 or less and a Class 2 (instead of Class 3) felony for a second or subsequent offense when the amount of the contract or agreement is $500 or less. Effective immediately.
  















LRB096 20744 DRJ 36488 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






SB3645

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    AN ACT concerning business.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Home Repair Fraud Act is amended  by changing 
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Section 5 as follows:
 



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    (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)



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    Sec. 5. Aggravated Home Repair Fraud. A person commits the 
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offense
of aggravated home repair fraud when he commits home 
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repair fraud: 
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        (i) against a
person 60 years of age or older or a 
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    disabled person as defined in Section
16-1.3 of the 
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    Criminal Code of 1961; or
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        (ii) in connection with a home repair project intended 
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    to assist a disabled person. 

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    (a) Aggravated violation of paragraphs (1) or (2) of 
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subsection (a) of
Section 3 of this Act shall be a Class 2 
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felony when the amount of
the
contract or agreement is more 
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than $500, a Class 3 4
felony when the amount
of the contract 
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or agreement is $500 or less, and a Class 2
3 felony for a

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second or subsequent offense when the amount of the contract or 
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agreement
is $500 or less.  If 2 or more contracts or agreements 
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for home
repair
exceed an aggregate amount of $500 or more and 
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such contracts or
agreements are entered into with the same 
 


 






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victim by one or more of the
defendants as part of or in 
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furtherance of a common fraudulent scheme,
design or intention, 
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the violation shall be a Class 2 felony.

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    (b) Aggravated violation of paragraph (3) of subsection (a) 
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of Section 3
of this Act shall be a Class 2 felony when the 
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amount of the contract
or
agreement is more than $5,000 and a 
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Class 3 felony
when the amount of the
contract or agreement is 
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$5,000 or less.

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    (c) Aggravated violation of paragraph (4) of subsection (a) 
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of
Section 3 of this Act shall be a Class 3 felony when the 
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amount of
the
contract or agreement is more than $500, a Class 
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4
felony when the amount
of the contract or agreement is $500 
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or less and a Class
3 felony for a
second or subsequent offense 
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when the amount of the contract or agreement
is $500 or less.

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    (d) Aggravated violation of paragraphs (1) or (2) of 
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subsection (b) of
Section 3 of this Act shall be a Class 3 
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felony.

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    (e) If a person commits aggravated home repair fraud, then 
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any State or
local license or permit held by that person that 
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relates to the business of
home repair may be appropriately 
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suspended or revoked by the issuing authority,
commensurate 
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with the severity of the offense.

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    (f) A defense to aggravated home repair fraud does not 
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exist merely
because
the accused reasonably believed the victim 
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to be a person less than 60 years
of age.

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(Source: P.A. 93-542, eff. 1-1-04.)

 
 
 


 






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    Section 99. Effective date. This Act takes effect upon 
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becoming law.