State of Illinois
91st General Assembly
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Public Act 91-0360

SB1044 Enrolled                                LRB9103336RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections  16-1,  18-1,  19-1,  21-1,  and  21-1.3  and adding
Sections 2-15b and 2-19.5.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Sections 16-1, 18-1,  19-1,  21-1,  and  21-1.3  and
adding Sections 2-15b and 2-19.5 as follows:

    (720 ILCS 5/2-15b new)
    Sec.   2-15b.  "Place   of   worship"   means  a  church,
synagogue, mosque, temple, or other building,  structure,  or
place  used  primarily for religious worship and includes the
grounds of a place of worship.

    (720 ILCS 5/2-19.5 new)
    Sec.  2-19.5.  "School"  means  a  public,  private,   or
parochial  elementary or secondary school, community college,
college, or university and includes the grounds of a school.

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1.  Theft.
    (a)  A person commits theft when he knowingly:
         (1)  Obtains or  exerts  unauthorized  control  over
    property of the owner; or
         (2)  Obtains  by  deception control over property of
    the owner; or
         (3)  Obtains by threat control over property of  the
    owner; or
         (4)  Obtains  control  over  stolen property knowing
    the  property  to  have  been  stolen   or   under   such
    circumstances  as  would reasonably induce him to believe
    that the property was stolen; or
         (5)  Obtains or exerts control over property in  the
    custody of any law enforcement agency which is explicitly
    represented  to him by any law enforcement officer or any
    individual acting in behalf of a law  enforcement  agency
    as being stolen, and
              (A)  Intends  to  deprive the owner permanently
         of the use or benefit of the property; or
              (B)  Knowingly uses, conceals or  abandons  the
         property  in  such  manner  as  to deprive the owner
         permanently of such use or benefit; or
              (C)  Uses, conceals, or abandons  the  property
         knowing   such   use,   concealment  or  abandonment
         probably will deprive the owner permanently of  such
         use or benefit.
    The  term  "firearm" for the purposes of this Section has
the meaning ascribed to it in  Section  1.1  of  the  Firearm
Owners Identification Card Act.
    (b)  Sentence.
         (1)  Theft  of  property,  other than a firearm, not
    from the person and not exceeding  $300  in  value  is  a
    Class A misdemeanor.
         (1.1)  Theft  of property, other than a firearm, not
    from the person and not exceeding  $300  in  value  is  a
    Class  4 felony if the theft was committed in a school or
    place of worship.
         (2)  A person who has been  convicted  of  theft  of
    property  not  exceeding  $300  in  value,  other  than a
    firearm and not from the person, who has been  previously
    convicted  of  any type of theft, robbery, armed robbery,
    burglary, residential burglary,  possession  of  burglary
    tools  or  home  invasion  is guilty of a Class 4 felony.
    When  a  person  has  any  such  prior  conviction,   the
    information  or  indictment  charging  that  person shall
    state such prior conviction so as to give notice  of  the
    State's  intention  to treat the charge as a felony.  The
    fact of such prior conviction is not an  element  of  the
    offense and may not be disclosed to the jury during trial
    unless  otherwise  permitted  by  issues  properly raised
    during such trial.
         (3)  Theft  of  a  firearm  not  from   the   person
    regardless  of  value  is  a Class 4 felony.  A second or
    subsequent such offense is a Class 3 felony.
         (4)  Theft of property from the person not exceeding
    $300 in value, or theft of property  exceeding  $300  and
    not exceeding $10,000 in value, is a Class 3 felony.
         (4.1)  Theft   of   property  from  the  person  not
    exceeding $300 in value, or theft of  property  exceeding
    $300  and  not  exceeding  $10,000 in value, is a Class 2
    felony if the theft was committed in a school or place of
    worship.
         (5)  Theft of property  exceeding  $10,000  and  not
    exceeding $100,000 in value is a Class 2 felony.
         (5.1)  Theft  of  property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1  felony  if  the
    theft was committed in a school or place of worship.
         (6)  Theft  of  property exceeding $100,000 in value
    is a Class 1 felony.
         (6.1)  Theft of property exceeding $100,000 in value
    is a Class X felony if  the  theft  was  committed  in  a
    school or place of worship.
         (7)  Theft  by  deception, as described by paragraph
    (2) of subsection (a)  of  this  Section,  in  which  the
    offender  obtained  money or property valued at $5,000 or
    more from a victim 60 years of age or older is a Class  2
    felony.
    (c)  When  a  charge  of  theft  of  property exceeding a
specified  value  is  brought,  the  value  of  the  property
involved is an element of the offense to be resolved  by  the
trier  of  fact  as  either  exceeding  or  not exceeding the
specified value.
(Source: P.A. 89-377, eff. 8-18-95.)

    (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
    Sec. 18-1.  Robbery.
    (a)  A person  commits  robbery  when  he  or  she  takes
property,  except  a motor vehicle covered by Section 18-3 or
18-4, from the person or presence of another by  the  use  of
force or by threatening the imminent use of force.
    (b)  Sentence.
    Robbery  is  a Class 2 felony.  However, if the victim is
60 years of age  or  over  or  is  a  physically  handicapped
person,  or  if the robbery is committed in a school or place
of worship, robbery is a Class 1 felony.
(Source: P.A. 88-351.)

    (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
    Sec. 19-1. Burglary. (a)  A person commits burglary  when
without  authority  he  knowingly enters or without authority
remains  within   a   building,   housetrailer,   watercraft,
aircraft,  motor  vehicle  as defined in The Illinois Vehicle
Code, railroad car, or  any  part  thereof,  with  intent  to
commit  therein  a  felony  or  theft. This offense shall not
include the offenses set out in Section 4-102 of The Illinois
Vehicle Code, nor the  offense  of  residential  burglary  as
defined in Section 19-3 hereof.
    (b)  Sentence.
    Burglary  is a Class 2 felony.  A burglary committed in a
school or place of worship is a Class 1 felony.
(Source: P.A. 82-238.)

    (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
    Sec. 21-1.  Criminal damage to property.
    (1)  A person commits an illegal act when he:
         (a)  knowingly  damages  any  property  of   another
    without his consent; or
         (b)  recklessly   by  means  of  fire  or  explosive
    damages property of another; or
         (c)  knowingly starts a fire on the land of  another
    without his consent; or
         (d)  knowingly  injures a domestic animal of another
    without his consent; or
         (e)  knowingly  deposits  on  the  land  or  in  the
    building of another, without his consent, any stink  bomb
    or any offensive smelling compound and thereby intends to
    interfere  with  the  use  by  another  of  the  land  or
    building; or
         (f)  damages  any  property, other than as described
    in subsection (b) of Section 20-1, with intent to defraud
    an insurer; or
         (g)  knowingly shoots a firearm at any portion of  a
    railroad train.
    When  the charge of criminal damage to property exceeding
a specified value is brought, the extent of the damage is  an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
    (2)  The  acts  described  in  items  (a) through (f) are
Class A misdemeanors if  the  damage  to  property  does  not
exceed $300.  The acts described in items (a) through (f) are
Class  4  felonies  if the damage to property does not exceed
$300 if the damage occurs to property of a school or place of
worship.  The act described in item (g) is a Class 4  felony.
The  acts  described  in  items  (a)  through (f) are Class 4
felonies if the damage to property exceeds $300 but does  not
exceed  $10,000.  The acts described in items (a) through (f)
are Class 3 felonies if the damage to property  exceeds  $300
but  does not exceed $10,000 if the damage occurs to property
of a school or place of worship.  The acts described in items
(a) through (f)  are  Class  3  felonies  if  the  damage  to
property  exceeds  $10,000 but does not exceed $100,000.  The
acts described in items (a) through (f) are Class 2  felonies
if the damage to property exceeds $10,000 but does not exceed
$100,000  if  the  damage  occurs  to property of a school or
place of worship.  The acts described in  items  (a)  through
(f)  are  Class  2 felonies if the damage to property exceeds
$100,000.  The acts described in items (a)  through  (f)  are
Class  1  felonies if the damage to property exceeds $100,000
and the damage occurs to property of a  school  or  place  of
worship.   If  the  damage  to  property exceeds $10,000, the
court shall impose upon the offender  a  fine  equal  to  the
value of the damages to the property.
    (3)  In  addition  to  any  other  sentence  that  may be
imposed, a court shall order any person convicted of criminal
damage to property to perform community service for not  less
than  30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and  approved  by
the  county  board  of  the  county  where  the  offense  was
committed.  In  addition,  whenever  any  person is placed on
supervision for an alleged offense under  this  Section,  the
supervision  shall be conditioned upon the performance of the
community service.
    This subsection does not apply when the court  imposes  a
sentence of incarceration.
(Source:   P.A.  88-406;  88-558,  eff.  1-1-95;  89-8,  eff.
3-21-95.)

    (720 ILCS 5/21-1.3)
    Sec. 21-1.3. Criminal defacement of property.
    (a)  A person commits  criminal  defacement  of  property
when  the  person  knowingly  damages the property of another
without  his  or  her  consent  by  defacing,  deforming,  or
otherwise damaging the property by the use of  paint  or  any
other   similar  substance,  or  by  the  use  of  a  writing
instrument, etching tool, or any other similar device.
    (b)  Criminal  defacement  of  property  is  a  Class   A
misdemeanor for a first offense if the damage to the property
does  not  exceed $300.  Criminal defacement of property is a
Class 4 felony if the damage to property does not exceed $300
and the property damaged is a school  building  or  place  of
worship.  Criminal defacement of property is a Class 4 felony
for a second or subsequent conviction or if the damage to the
property  exceeds  $300. Criminal defacement of property is a
Class 3 felony if the damage to property exceeds $300 and the
property damaged is a school building or place of worship. In
addition to any other sentence that may be imposed,  a  court
shall  order  any  person convicted of criminal defacement of
property to perform community service for not  less  than  30
and  not  more  than  120  hours,  if  community  service  is
available  in  the  jurisdiction. The community service shall
include, but need not be limited to, the cleanup  and  repair
of  the damage to property that was caused by the offense, or
similar damage to property located  in  the  municipality  or
county in which the offense occurred. If the property damaged
is  a  school  building,  the  community  service may include
cleanup,  removal,  or  painting  over  the  defacement.   In
addition, whenever any person is placed on supervision for an
alleged  offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
(Source: P.A. 90-685, eff. 1-1-99.)

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

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