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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2366
Introduced 2/14/2008, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED:
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720 ILCS 5/16-1.1 |
from Ch. 38, par. 16-1.1 |
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Amends the Criminal Code of 1961 in relation to theft by a lessee. Provides that the trier of fact may infer evidence (rather than that it is prima facie evidence) that a person intends to deprive the owner permanently of the use or benefit of the property (rather than "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 5 (rather than 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.
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A BILL FOR
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SB2366 |
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LRB095 18686 RLC 44785 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 16-1.1 as follows:
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| (720 ILCS 5/16-1.1) (from Ch. 38, par. 16-1.1)
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| Sec. 16-1.1. Theft by lessee; permissive inference prima |
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| facie evidence. The trier of fact may infer It shall be prima
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| facie evidence that a person intends to deprive the owner |
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| permanently of the use or benefit of the property "knowingly
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| obtains or exerts unauthorized control over property of the |
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| owner" (1) if a
lessee of the personal property of another |
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| fails to return it to the
owner within 5 10 days after written |
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| demand from the owner for its
return or (2) if a lessee of the |
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| personal property of another fails to return
it to the owner |
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| within 24 hours after written demand from the owner for its
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| return and the lessee had presented identification to the owner |
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| that contained
a materially fictitious name, address, or |
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| telephone number. A notice in
writing, given after the |
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| expiration of the leasing agreement, addressed and
mailed, by |
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| registered mail, to the lessee at the address given by him and |
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| shown
on the leasing agreement shall constitute proper demand.
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| (Source: P.A. 89-373, eff. 1-1-96.)
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