Illinois 95th Regular Session Status: Enacted

HB 239 — CRIM CD-BAD CHECK DIVERSION

Last action — Public Act . . . . . . . . . 95-0041

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2007. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Provides that the fee collected from an offender diverted to the State's Attorney's bad check diversion program may be used in the enforcement and prosecution of criminal laws.

Bill Text

What changed in the latest version

11 added · 11 removed

Plain-language change summary

In the latest version of HB 239, the word "Enrolled" has replaced "Engrossed" in the document title, indicating that the bill has moved forward in the legislative process, likely towards final approval. This change is important because it signifies that the bill has been finalized and is now ready for official adoption, which could mean new regulations or funding depending on the bill's contents.

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Previous
Latest
HB0239 Engrossed LRB095 04650 RLC 24708 b AN ACT concerning criminal law.
HB0239 Enrolled LRB095 04650 RLC 24708 b AN ACT concerning criminal law.
"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 HB0239 Engrossed - 2 - LRB095 04650 RLC 24708 b of this Code.
"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 HB0239 Enrolled - 2 - LRB095 04650 RLC 24708 b of this Code.
HB0239 Engrossed - 3 - LRB095 04650 RLC 24708 b (d) The bad check diversion program may require an offender to do one or more of the following:
HB0239 Enrolled - 3 - LRB095 04650 RLC 24708 b (d) The bad check diversion program may require an offender to do one or more of the following:
The amount of the administrative fees collected by the State’s Attorney under the program may not exceed $35 per HB0239 Engrossed - 4 - LRB095 04650 RLC 24708 b check.
The amount of the administrative fees collected by the State’s Attorney under the program may not exceed $35 per HB0239 Enrolled - 4 - LRB095 04650 RLC 24708 b check.
HB0239 Engrossed - 5 - LRB095 04650 RLC 24708 b (B) The trust account shall be established in a bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule.
HB0239 Enrolled - 5 - LRB095 04650 RLC 24708 b (B) The trust account shall be established in a bank, savings and loan association, or other recognized depository which is federally or State insured or otherwise secured as defined by rule.
jurisdiction which is a felony, a HB0239 Engrossed - 6 - LRB095 04650 RLC 24708 b misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
jurisdiction which is a felony, a HB0239 Enrolled - 6 - LRB095 04650 RLC 24708 b misdemeanor an essential element of which is dishonesty, or of any crime which directly relates to the practice of the profession.
(D) Initiating or threatening to initiate communication with an offender’s employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by HB0239 Engrossed - 7 - LRB095 04650 RLC 24708 b law or court order.
(D) Initiating or threatening to initiate communication with an offender’s employer unless there has been a default of the payment of the obligation for at least 30 days and at least 5 days prior written notice, to the last known address of the offender, of the intention to communicate with the employer has been given to the employee, except as expressly permitted by HB0239 Enrolled - 7 - LRB095 04650 RLC 24708 b law or court order.
HB0239 Engrossed - 8 - LRB095 04650 RLC 24708 b (v) Using profane, obscene or abusive language in communicating with an offender, his or her family, or others.
HB0239 Enrolled - 8 - LRB095 04650 RLC 24708 b (v) Using profane, obscene or abusive language in communicating with an offender, his or her family, or others.
(xi) Using any badge, uniform, or other HB0239 Engrossed - 9 - LRB095 04650 RLC 24708 b indicia of any governmental agency or official, except as authorized by law or by the State’s Attorney.
(xi) Using any badge, uniform, or other HB0239 Enrolled - 9 - LRB095 04650 RLC 24708 b indicia of any governmental agency or official, except as authorized by law or by the State’s Attorney.
(xvi) Collecting or attempting to collect any interest or other charge or fee in excess of the actual restitution or claim unless the interest or HB0239 Engrossed - 10 - LRB095 04650 RLC 24708 b other charge or fee is expressly authorized by the State’s Attorney, who shall determine what constitutes a reasonable collection fee.
(xvi) Collecting or attempting to collect any interest or other charge or fee in excess of the actual restitution or claim unless the interest or HB0239 Enrolled - 10 - LRB095 04650 RLC 24708 b other charge or fee is expressly authorized by the State’s Attorney, who shall determine what constitutes a reasonable collection fee.
HB0239 Engrossed - 11 - LRB095 04650 RLC 24708 b (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.
HB0239 Enrolled - 11 - LRB095 04650 RLC 24708 b (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.
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Action History

  1. Public Act . . . . . . . . . 95-0041

  2. Effective Date January 1, 2008

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 058-000-000

  7. Placed on Calendar Order of 3rd Reading May 8, 2007

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading April 20, 2007

  10. Do Pass Judiciary Criminal Law; 007-000-000

  11. Assigned to Judiciary Criminal Law

  12. Referred to Rules

  13. First Reading

  14. Chief Senate Sponsor Sen. John J. Millner

  15. Placed on Calendar Order of First Reading February 23, 2007

  16. Arrive in Senate

  17. Third Reading - Short Debate - Passed 116-000-000

  18. Placed on Calendar Order of 3rd Reading - Short Debate

  19. Second Reading - Short Debate

  20. Placed on Calendar 2nd Reading - Short Debate

  21. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000

  22. Assigned to Judiciary II - Criminal Law Committee

  23. Referred to Rules Committee

  24. First Reading

  25. Filed with the Clerk by Rep. Timothy L. Schmitz

Sponsors

  • Timothy L. Schmitz · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Timothy L. Schmitz

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Hultgren — Yea
Link — Yea
Luechtefeld — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Sieben — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Munoz — Yea
Clayborne — Yea
Crotty — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Cullerton — Yea
Jacobs — Yea
Lauzen — Yea
Watson — Yea
Jones, J. — Yea
Demuzio — Yea
Noland — Yea
Peterson — Yea
Radogno — Yea
Viverito — Yea
Wilhelmi — Yea
Dahl — Yea
Dillard — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Rutherford — Not Voting
Sandoval — Yea
Silverstein — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Cronin — Yea
DeLeo — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 116 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 103002
Republican 4000
Democrat 9000
Total 116002
% of votes cast 98%0%0%2%
How each member voted (118)
Member Party Vote
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Lang — Yea
Dugan — Yea
Leitch — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Moffitt — Yea
Lyons — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Schock — Yea
Scully — Yea
Tryon — Yea
Turner — Yea
McGuire — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Mitchell, Jerry — Yea
Burke — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Coladipietro — Yea
Cole — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Gordon — Yea
Graham — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Hernandez — Yea
Madigan — Yea
Watson — Yea
Howard — Yea
Nekritz — Yea
Davis, Monique — Yea
Osterman — Yea
Patterson — Not Voting
Phelps — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Colvin — Yea
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Sommer — Yea
Soto — Yea
Lindner — Not Voting
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Subjects

public-safety finance labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 239 do?
Amends the Criminal Code of 1961. Provides that the fee collected from an offender diverted to the State's Attorney's bad check diversion program may be used in the enforcement and prosecution of criminal laws.
Who sponsors HB 239?
HB 239 is sponsored by Timothy L. Schmitz.
What is the current status of HB 239?
This bill has been enacted into law. Introduced January 10, 2007. Enacted.
Where can I track HB 239?
Track HB 239 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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