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2008 Uniform Complaint Book


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PUBLIC ASSISTANCE FRAUD VIOLATION CLASSIFICATIONS

8A-6 Classification of Violations: (a) any person, firm, corporation, association, agency, institution or other legal entity that has been found by a court to have engaged in an act, practice or course of conduct declared unlawful under Sections 8A-2 through 8A-5 or Section 8A-13 or 8A-14 where:

(1) the total amount of money involved in the violation, including the monetary value of federal food stamps and the value of commodities, is less than $150, shall be guilty of a Class A misdemeanor;

(2) the total amount of money involved in the violation, including the monetary value of federal food stamps and the value of commodities, is $150 or more but less than $1000, shall be guilty of a Class 4 felony;

(3) the total amount of money involved in the violation, including the monetary value of federal food stamps and the value of commodities, is $1000 or more but less than $5000, shall be guilty of a Class 3 felony;

(4) the total amount of money involved in the violation, including the monetary value of federal food stamps and the value of commodities, is $5000 or more but less than $10,000, shall be guilty of a Class 2 felony; or

(5) the total amount of money involved in the violation, including the monetary value of federal food stamps and the value of commodities, is $10,000 or more, shall be guilty of a Class 1 felony, and notwithstanding the provisions of Section 8A-8 except for subsection (c) of Section 8A-8, shall be ineligible for financial aid under this Article for a period of two years following conviction or until the total amount of money, including the value of federal food stamps, is repaid, whichever first occurs.

(b) any person, firm, corporation, association, agency, institution or other legal entity that commits a subsequent violation of any of the provisions of Sections 8A-2 through 8A-5 and:

(1) the total amount of money involved in the subsequent violation, including the monetary value of federal food stamps and the value of commodities, is less than $150, shall be guilty of a Class 4 felony;

(2) the total amount of money involved in the subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $150 or more but less than $1000, shall be guilty of a Class 3 felony.

(3) the total amount of money involved in the subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $1000 or more but less than $5000, shall be guilty of a Class 2 felony.

(4) the total amount of money involved in the subsequent violation, including the monetary value of federal food stamps and the value of commodities, is $5000 or more but less than $10,000, shall be guilty of a Class 1 felony.

(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 can be accumulated.

NOTE A: Click here for discussion of necessity of alleging mental state.

NOTE B: A person convicted of insurance fraud, vendor fraud, or a federal criminal violation associated with defrauding the Medicaid program shall be ordered to pay monetary restitution to the insurance company or self-insured entity or any other person for any financial loss sustained as a result of a violation of this Section, including any court costs and attorneys fees. (305 ILCS 5/8A-3.5).

CAVEAT: The charging instrument in cases of subsequent offenses must state the prior conviction. Click here and see Note C for explanation and model complaint.

IMPORTANT: Click here for discussion of Apprendi problem.

This page was amended by Public Act 94-577 (Eff: 1-1-06).

Legislative History: Created - P.A. 82-440 (September 14, 1981); Amended - P.A.s 85-286, 85-555, 85-1209, 90-538 and 94-577.

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