Public Act 0857 95TH GENERAL ASSEMBLY

SB2366 Enrolled LRB095 18686 RLC 44785 b

Public Act 095-0857

AN ACT concerning criminal law.

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 Section 16-1.1 as follows:

(720 ILCS 5/16-1.1) (from Ch. 38, par. 16-1.1)

Sec. 16-1.1. Theft by lessee; permissive inference prima facie evidence. The trier of fact may infer It shall be prima facie evidence that a person intends to deprive the owner permanently of the use or benefit of the property "knowingly obtains or exerts unauthorized control over property of the owner" (1) if a lessee of the personal property of another fails to return it to the owner within 10 days after written demand from the owner for its return or (2) if a lessee of the personal property of another fails to return it to the owner within 24 hours after written demand from the owner for its return and the lessee had presented identification to the owner that contained a materially fictitious name, address, or telephone number. A notice in writing, given after the expiration of the leasing agreement, addressed and mailed, by registered mail, to the lessee at the address given by him and shown on the leasing agreement shall constitute proper demand.

(Source: P.A. 89-373, eff. 1-1-96.)