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Full Text of HB3337  100th General Assembly

HB3337 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3337

 

Introduced , by Rep. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1  from Ch. 38, par. 16-1
720 ILCS 5/16-25

    Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Provides that an enhancement from a misdemeanor to a felony based on a prior conviction must only be for felony theft.


LRB100 11049 RLC 21288 b

 

 

A BILL FOR

 

HB3337LRB100 11049 RLC 21288 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 16-1 and 16-25 as follows:
 
6    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
7    Sec. 16-1. Theft.
8    (a) A person commits theft when he or she knowingly:
9        (1) Obtains or exerts unauthorized control over
10    property of the owner; or
11        (2) Obtains by deception control over property of the
12    owner; or
13        (3) Obtains by threat control over property of the
14    owner; or
15        (4) Obtains control over stolen property knowing the
16    property to have been stolen or under such circumstances as
17    would reasonably induce him or her to believe that the
18    property was stolen; or
19        (5) Obtains or exerts control over property in the
20    custody of any law enforcement agency which any law
21    enforcement officer or any individual acting in behalf of a
22    law enforcement agency explicitly represents to the person
23    as being stolen or represents to the person such

 

 

HB3337- 2 -LRB100 11049 RLC 21288 b

1    circumstances as would reasonably induce the person to
2    believe that the property was stolen, and
3            (A) Intends to deprive the owner permanently of the
4        use or benefit of the property; or
5            (B) Knowingly uses, conceals or abandons the
6        property in such manner as to deprive the owner
7        permanently of such use or benefit; or
8            (C) Uses, conceals, or abandons the property
9        knowing such use, concealment or abandonment probably
10        will deprive the owner permanently of such use or
11        benefit.
12    (b) Sentence.
13        (1) Theft of property not from the person and not
14    exceeding $2,000 $500 in value is a Class A misdemeanor.
15        (1.1) Theft of property not from the person and not
16    exceeding $2,000 $500 in value is a Class 4 felony if the
17    theft was committed in a school or place of worship or if
18    the theft was of governmental property.
19        (2) A person who has been convicted of theft of
20    property not from the person and not exceeding $2,000 $500
21    in value who has been previously convicted of felony any
22    type of theft, robbery, armed robbery, burglary,
23    residential burglary, possession of burglary tools, home
24    invasion, forgery, a violation of Section 4-103, 4-103.1,
25    4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
26    to the possession of a stolen or converted motor vehicle,

 

 

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1    or a violation of Section 17-36 of the Criminal Code of
2    1961 or the Criminal Code of 2012, or Section 8 of the
3    Illinois Credit Card and Debit Card Act is guilty of a
4    Class 4 felony.
5        (3) (Blank).
6        (4) Theft of property from the person not exceeding
7    $500 in value, or theft of property exceeding $2,000 $500
8    and not exceeding $10,000 in value, is a Class 3 felony.
9        (4.1) Theft of property from the person not exceeding
10    $500 in value, or theft of property exceeding $2,000 $500
11    and not exceeding $10,000 in value, is a Class 2 felony if
12    the theft was committed in a school or place of worship or
13    if the theft was of governmental property.
14        (5) Theft of property exceeding $10,000 and not
15    exceeding $100,000 in value is a Class 2 felony.
16        (5.1) Theft of property exceeding $10,000 and not
17    exceeding $100,000 in value is a Class 1 felony if the
18    theft was committed in a school or place of worship or if
19    the theft was of governmental property.
20        (6) Theft of property exceeding $100,000 and not
21    exceeding $500,000 in value is a Class 1 felony.
22        (6.1) Theft of property exceeding $100,000 in value is
23    a Class X felony if the theft was committed in a school or
24    place of worship or if the theft was of governmental
25    property.
26        (6.2) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value is a Class 1
2    non-probationable felony.
3        (6.3) Theft of property exceeding $1,000,000 in value
4    is a Class X felony.
5        (7) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, in which the offender
7    obtained money or property valued at $5,000 or more from a
8    victim 60 years of age or older is a Class 2 felony.
9        (8) Theft by deception, as described by paragraph (2)
10    of subsection (a) of this Section, in which the offender
11    falsely poses as a landlord or agent or employee of the
12    landlord and obtains a rent payment or a security deposit
13    from a tenant is a Class 3 felony if the rent payment or
14    security deposit obtained does not exceed $500.
15        (9) Theft by deception, as described by paragraph (2)
16    of subsection (a) of this Section, in which the offender
17    falsely poses as a landlord or agent or employee of the
18    landlord and obtains a rent payment or a security deposit
19    from a tenant is a Class 2 felony if the rent payment or
20    security deposit obtained exceeds $500 and does not exceed
21    $10,000.
22        (10) Theft by deception, as described by paragraph (2)
23    of subsection (a) of this Section, in which the offender
24    falsely poses as a landlord or agent or employee of the
25    landlord and obtains a rent payment or a security deposit
26    from a tenant is a Class 1 felony if the rent payment or

 

 

HB3337- 5 -LRB100 11049 RLC 21288 b

1    security deposit obtained exceeds $10,000 and does not
2    exceed $100,000.
3        (11) Theft by deception, as described by paragraph (2)
4    of subsection (a) of this Section, in which the offender
5    falsely poses as a landlord or agent or employee of the
6    landlord and obtains a rent payment or a security deposit
7    from a tenant is a Class X felony if the rent payment or
8    security deposit obtained exceeds $100,000.
9    (c) When a charge of theft of property exceeding a
10specified value is brought, the value of the property involved
11is an element of the offense to be resolved by the trier of
12fact as either exceeding or not exceeding the specified value.
13    (d) Theft by lessee; permissive inference. The trier of
14fact may infer evidence that a person intends to deprive the
15owner permanently of the use or benefit of the property (1) if
16a lessee of the personal property of another fails to return it
17to the owner within 10 days after written demand from the owner
18for its return or (2) if a lessee of the personal property of
19another fails to return it to the owner within 24 hours after
20written demand from the owner for its return and the lessee had
21presented identification to the owner that contained a
22materially fictitious name, address, or telephone number. A
23notice in writing, given after the expiration of the leasing
24agreement, addressed and mailed, by registered mail, to the
25lessee at the address given by him and shown on the leasing
26agreement shall constitute proper demand.

 

 

HB3337- 6 -LRB100 11049 RLC 21288 b

1    (e) Permissive inference; evidence of intent that a person
2obtains by deception control over property. The trier of fact
3may infer that a person "knowingly obtains by deception control
4over property of the owner" when he or she fails to return,
5within 45 days after written demand from the owner, the
6downpayment and any additional payments accepted under a
7promise, oral or in writing, to perform services for the owner
8for consideration of $3,000 or more, and the promisor knowingly
9without good cause failed to substantially perform pursuant to
10the agreement after taking a down payment of 10% or more of the
11agreed upon consideration. This provision shall not apply where
12the owner initiated the suspension of performance under the
13agreement, or where the promisor responds to the notice within
14the 45-day notice period. A notice in writing, addressed and
15mailed, by registered mail, to the promisor at the last known
16address of the promisor, shall constitute proper demand.
17    (f) Offender's interest in the property.
18        (1) It is no defense to a charge of theft of property
19    that the offender has an interest therein, when the owner
20    also has an interest to which the offender is not entitled.
21        (2) Where the property involved is that of the
22    offender's spouse, no prosecution for theft may be
23    maintained unless the parties were not living together as
24    man and wife and were living in separate abodes at the time
25    of the alleged theft.
26(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;

 

 

HB3337- 7 -LRB100 11049 RLC 21288 b

196-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
21-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
3eff. 1-25-13.)
 
4    (720 ILCS 5/16-25)
5    Sec. 16-25. Retail theft.
6    (a) A person commits retail theft when he or she knowingly:
7        (1) Takes possession of, carries away, transfers or
8    causes to be carried away or transferred any merchandise
9    displayed, held, stored or offered for sale in a retail
10    mercantile establishment with the intention of retaining
11    such merchandise or with the intention of depriving the
12    merchant permanently of the possession, use or benefit of
13    such merchandise without paying the full retail value of
14    such merchandise; or
15        (2) Alters, transfers, or removes any label, price tag,
16    marking, indicia of value or any other markings which aid
17    in determining value affixed to any merchandise displayed,
18    held, stored or offered for sale in a retail mercantile
19    establishment and attempts to purchase such merchandise at
20    less than the full retail value with the intention of
21    depriving the merchant of the full retail value of such
22    merchandise; or
23        (3) Transfers any merchandise displayed, held, stored
24    or offered for sale in a retail mercantile establishment
25    from the container in or on which such merchandise is

 

 

HB3337- 8 -LRB100 11049 RLC 21288 b

1    displayed to any other container with the intention of
2    depriving the merchant of the full retail value of such
3    merchandise; or
4        (4) Under-rings with the intention of depriving the
5    merchant of the full retail value of the merchandise; or
6        (5) Removes a shopping cart from the premises of a
7    retail mercantile establishment without the consent of the
8    merchant given at the time of such removal with the
9    intention of depriving the merchant permanently of the
10    possession, use or benefit of such cart; or
11        (6) Represents to a merchant that he, she, or another
12    is the lawful owner of property, knowing that such
13    representation is false, and conveys or attempts to convey
14    that property to a merchant who is the owner of the
15    property in exchange for money, merchandise credit or other
16    property of the merchant; or
17        (7) Uses or possesses any theft detection shielding
18    device or theft detection device remover with the intention
19    of using such device to deprive the merchant permanently of
20    the possession, use or benefit of any merchandise
21    displayed, held, stored or offered for sale in a retail
22    mercantile establishment without paying the full retail
23    value of such merchandise; or
24        (8) Obtains or exerts unauthorized control over
25    property of the owner and thereby intends to deprive the
26    owner permanently of the use or benefit of the property

 

 

HB3337- 9 -LRB100 11049 RLC 21288 b

1    when a lessee of the personal property of another fails to
2    return it to the owner, or if the lessee fails to pay the
3    full retail value of such property to the lessor in
4    satisfaction of any contractual provision requiring such,
5    within 10 days after written demand from the owner for its
6    return. A notice in writing, given after the expiration of
7    the leasing agreement, by registered mail, to the lessee at
8    the address given by the lessee and shown on the leasing
9    agreement shall constitute proper demand.
10    (b) Theft by emergency exit. A person commits theft by
11emergency exit when he or she commits a retail theft as defined
12in subdivisions (a)(1) through (a)(8) of this Section and to
13facilitate the theft he or she leaves the retail mercantile
14establishment by use of a designated emergency exit.
15    (c) Permissive inference. If any person:
16        (1) conceals upon his or her person or among his or her
17    belongings unpurchased merchandise displayed, held, stored
18    or offered for sale in a retail mercantile establishment;
19    and
20        (2) removes that merchandise beyond the last known
21    station for receiving payments for that merchandise in that
22    retail mercantile establishment,
23then the trier of fact may infer that the person possessed,
24carried away or transferred such merchandise with the intention
25of retaining it or with the intention of depriving the merchant
26permanently of the possession, use or benefit of such

 

 

HB3337- 10 -LRB100 11049 RLC 21288 b

1merchandise without paying the full retail value of such
2merchandise.
3    To "conceal" merchandise means that, although there may be
4some notice of its presence, that merchandise is not visible
5through ordinary observation.
6    (d) Venue. Multiple thefts committed by the same person as
7part of a continuing course of conduct in different
8jurisdictions that have been aggregated in one jurisdiction may
9be prosecuted in any jurisdiction in which one or more of the
10thefts occurred.
11    (e) For the purposes of this Section, "theft detection
12shielding device" means any laminated or coated bag or device
13designed and intended to shield merchandise from detection by
14an electronic or magnetic theft alarm sensor.
15    (f) Sentence.
16        (1) A violation of any of subdivisions (a)(1) through
17    (a)(6) and (a)(8) of this Section, the full retail value of
18    which does not exceed $2,000 $300 for property other than
19    motor fuel or $150 for motor fuel, is a Class A
20    misdemeanor. A violation of subdivision (a)(7) of this
21    Section is a Class A misdemeanor for a first offense and a
22    Class 4 felony for a second or subsequent offense. Theft by
23    emergency exit of property, the full retail value of which
24    does not exceed $2,000 $300, is a Class 4 felony.
25        (2) A person who has been convicted of retail theft of
26    property under any of subdivisions (a)(1) through (a)(6)

 

 

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1    and (a)(8) of this Section, the full retail value of which
2    does not exceed $2,000 $300 for property other than motor
3    fuel or $150 for motor fuel, and who has been previously
4    convicted of any type of theft, robbery, armed robbery,
5    burglary, residential burglary, possession of burglary
6    tools, home invasion, unlawful use of a credit card, or
7    forgery is guilty of a Class 4 felony. A person who has
8    been convicted of theft by emergency exit of property, the
9    full retail value of which does not exceed $2,000 $300, and
10    who has been previously convicted of felony any type of
11    theft, robbery, armed robbery, burglary, residential
12    burglary, possession of burglary tools, home invasion,
13    unlawful use of a credit card, or forgery is guilty of a
14    Class 3 felony.
15        (3) Any retail theft of property under any of
16    subdivisions (a)(1) through (a)(6) and (a)(8) of this
17    Section, the full retail value of which exceeds $2,000 $300
18    for property other than motor fuel or $150 for motor fuel
19    in a single transaction, or in separate transactions
20    committed by the same person as part of a continuing course
21    of conduct from one or more mercantile establishments over
22    a period of one year, is a Class 3 felony. Theft by
23    emergency exit of property, the full retail value of which
24    exceeds $2,000 $300 in a single transaction, or in separate
25    transactions committed by the same person as part of a
26    continuing course of conduct from one or more mercantile

 

 

HB3337- 12 -LRB100 11049 RLC 21288 b

1    establishments over a period of one year, is a Class 2
2    felony. When a charge of retail theft of property or theft
3    by emergency exit of property, the full value of which
4    exceeds $2,000 $300, is brought, the value of the property
5    involved is an element of the offense to be resolved by the
6    trier of fact as either exceeding or not exceeding $2,000
7    $300.
8(Source: P.A. 97-597, eff. 1-1-12.)