ILCS » Chapter 760 · Act 100
Illinois Compiled Statutes

760 ILCS 100/24 (2026)

Whoever intentionally fails to deposit the required amounts into a trust provided for in this Act, intentionally and improperly withdraws or uses trust funds for his or her own benefit, or otherwise intentionally violates any provision of this Act (other than the provisions of Section 23 and subsections (b), (c), (d), and (e) of Section 2a) shall be guilty of a Class 4 felony, and each day such provisions are violated shall constitute a separate offense

✓ current as of May 2026
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(760 ILCS 100/24) (from Ch. 21, par. 64.24)
    Sec. 24. Whoever intentionally fails to deposit the required amounts into a trust provided for in this Act, intentionally and improperly withdraws or uses trust funds for his or her own benefit, or otherwise intentionally violates any provision of this Act (other than the provisions of Section 23 and subsections (b), (c), (d), and (e) of Section 2a) shall be guilty of a Class 4 felony, and each day such provisions are violated shall constitute a separate offense.
    If any person intentionally violates this Act or fails or refuses to comply with any order of the Comptroller or any part of an order that has become final to such person and is still in effect, the Comptroller may, after notice and hearing at which it is determined that a violation of this Act or such order has been committed, further order that such person shall forfeit and pay to the State of Illinois a sum not to exceed $5,000 for each violation. Such liability shall be enforced in an action brought in any court of competent jurisdiction by the Comptroller in the name of the People of the State of Illinois.
    In addition to the other penalties and remedies provided in this Act, the Comptroller may bring a civil action in the county of residence of the licensee or any person accepting care funds to enjoin any violation or threatened violation of this Act.
    The powers vested in the Comptroller by this Section are additional to any and all other powers and remedies vested in the Comptroller by law.
(Source: P.A. 92-419, eff. 1-1-02.)

    
Notes of Decisions
Cited in 3 cases, 2016–2017 · leading case: Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2017).
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Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2017). “760 ILCS 100/24 (West 2012). ¶ 45 Under the statutory scheme outlined above, the legislature placed the licensing, investigations, and determination of violations of the Care Act and the penalties to be imposed under the authority of the Comptroller.”
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2016). “760 ILCS 100/24 (West 2012). ¶ 45 Under the statutory scheme outlined above, the legislature placed the licensing, investigations and determination of violations of the Care Act and the penalties to be imposed under the authority of the Comptroller.”
Kagan v. Waldheim Cemetery Co., 2016 IL App (1st) 131274 (Ill. App. Ct. 2016). “760 ILCS 100/24 (West 2012). ¶ 45 Under the statutory scheme outlined above, the legislature placed the licensing, investigations and determination of violations of the Care Act and the penalties to be imposed under the authority of the Comptroller.”
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