Public Act 094-0700
 		





HB0692 Enrolled
LRB094 05090 RLC 35126 b






    AN ACT concerning motor fuel theft.

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


 
    Section 5. The Illinois Vehicle Code is amended  by adding 
Section 6-205.2 as follows:
 
    (625 ILCS 5/6-205.2 new)

    Sec. 6-205.2. Suspension of driver's license of person 
convicted of theft of motor fuel. The driver's license of a 
person convicted of theft of motor fuel under Section 16J-15 of 
the Criminal Code of 1961 shall be suspended by the Secretary 
for a period not to exceed 6 months for a first offense.  Upon a 
second or subsequent conviction for theft of motor fuel, the 
suspension shall be for a period not to exceed one year. Upon 
conviction of a person for theft of motor fuel, the court shall 
order the person to surrender his or her driver's license to 
the clerk of the court who shall forward the suspended license 
to the Secretary.

 
    Section 10. The Criminal Code of 1961 is amended  by adding 
Article 16J as follows:
 
    (720 ILCS 5/Art. 16J heading new)
ARTICLE 16J.  THEFT OF MOTOR FUEL

 
    (720 ILCS 5/16J-5  new)
    Sec. 16J-5. Legislative declaration. It is the public 
policy of this State that the substantial burden placed upon 
the economy of this State resulting from the rising incidence 
of theft of motor fuel is a matter of grave concern to the 
people of this State who have a right to be protected in their 
health, safety and welfare from the effects of this crime.
 
    (720 ILCS 5/16J-10  new)
    Sec. 16J-10. Definitions. For the purposes of this Article:
    "Motor fuel" means a liquid, regardless of its properties, 
used to propel a vehicle, including gasoline and diesel.
    "Retailer" means a person, business, or establishment that 
sells motor fuel at retail.
    "Vehicle" means a motor vehicle, motorcycle, or farm 
implement that is self-propelled and that uses motor fuel for 
propulsion.
 
    (720 ILCS 5/16J-15  new)
    Sec. 16J-15. Offense of theft of motor fuel. A person 
commits the offense of theft of motor fuel when he or she 
knowingly dispenses motor fuel into a storage container or the 
fuel tank of a motor vehicle at an establishment in which motor 
fuel  is offered for retail sale and leaves the premises of the 
establishment without making payment or the authorized charge 
for the motor fuel with the intention of depriving the 
establishment in which the motor fuel is offered for retail 
sale of the possession, use, or benefit of that motor fuel 
without paying the full retail value of the motor fuel.
 
    (720 ILCS 5/16J-25  new)
    Sec. 16J-25. Civil liability. A person who commits the 
offense of theft of motor fuel as described in Section 16J-15 
is civilly liable to the retailer as prescribed in Section 
16A-7.
 
    (720 ILCS 5/16J-30  new)
    Sec. 16J-30. Sentence.
    (a) Theft of motor fuel, the full retail value of which 
does not exceed $150, is a Class A misdemeanor.
    (b) A person who has been convicted of theft of motor fuel, 
the full retail value of which does not exceed $150, and 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.
    (c) Any theft of motor fuel, the full retail value of which 
exceeds $150, is a Class 3 felony. When a charge of theft of 
motor fuel, the full value of which exceeds $150, is brought, 
the value of the motor fuel involved is an element of the 
offense to be resolved by the trier of fact as either exceeding 
or not exceeding $150.
 
    (720 ILCS 5/16J-35  new)
    Sec. 16J-35. Continuation of prior law. The provisions of 
this Article insofar as they are the same or substantially the 
same as those of Article 16 of this Code shall be construed as 
a continuation of that Article 16 and not as a new enactment.
 
    (720 ILCS 5/16J-40 new)

    Sec. 16J-40. Severability. The provisions of this Article 
are severable under Section 1.31 of the Statute on Statutes.