Public Act 096-0496
 
HB3934 Enrolled LRB096 10494 RLC 20666 b

    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 as follows:
 
    (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.
    (b) Sentence.
        (1) Theft of property not from the person and not
    exceeding $300 in value is a Class A misdemeanor.
        (1.1) Theft of property 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 or if the
    theft was of governmental property.
        (2) A person who has been convicted of theft of
    property not from the person and not exceeding $300 in
    value who has been previously convicted of any type of
    theft, robbery, armed robbery, burglary, residential
    burglary, possession of burglary tools, home invasion,
    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
    4-103.3 of the Illinois Vehicle Code relating to the
    possession of a stolen or converted motor vehicle, or a
    violation of Section 8 of the Illinois Credit Card and
    Debit Card Act 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) (Blank).
        (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 or if
    the theft was of governmental property.
        (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 or if
    the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    exceeding $500,000 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 or if the theft was of governmental
    property.
        (6.2) Theft of property exceeding $500,000 in value is
    a Class 1 non-probationable felony.
        (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.
        (8) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 3 felony if the rent payment or
    security deposit obtained does not exceed $300.
        (9) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 2 felony if the rent payment or
    security deposit obtained exceeds $300 and does not exceed
    $10,000.
        (10) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 1 felony if the rent payment or
    security deposit obtained exceeds $10,000 and does not
    exceed $100,000.
        (11) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class X felony if the rent payment or
    security deposit obtained exceeds $100,000.
    (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. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)