|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Sections 16-1 and 16A-10 as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| ||||||||||||||||||||||||||
7 | Sec. 16-1. Theft.
| ||||||||||||||||||||||||||
8 | (a) A person commits theft when he knowingly:
| ||||||||||||||||||||||||||
9 | (1) Obtains or exerts unauthorized control over | ||||||||||||||||||||||||||
10 | property of the
owner; or
| ||||||||||||||||||||||||||
11 | (2) Obtains by deception control over property of the | ||||||||||||||||||||||||||
12 | owner; or
| ||||||||||||||||||||||||||
13 | (3) Obtains by threat control over property of the | ||||||||||||||||||||||||||
14 | owner; or
| ||||||||||||||||||||||||||
15 | (4) Obtains control over stolen property knowing the | ||||||||||||||||||||||||||
16 | property to
have been stolen or under such circumstances as | ||||||||||||||||||||||||||
17 | would
reasonably induce him to believe that the property | ||||||||||||||||||||||||||
18 | was stolen; or
| ||||||||||||||||||||||||||
19 | (5) Obtains or exerts control over property in the | ||||||||||||||||||||||||||
20 | custody of any law
enforcement agency which is explicitly | ||||||||||||||||||||||||||
21 | represented to him by any law
enforcement officer or any | ||||||||||||||||||||||||||
22 | individual acting in behalf of a law enforcement
agency as | ||||||||||||||||||||||||||
23 | being stolen, and
|
| |||||||
| |||||||
1 | (A) Intends to deprive the owner permanently of the | ||||||
2 | use or
benefit of the property; or
| ||||||
3 | (B) Knowingly uses, conceals or abandons the | ||||||
4 | property in such
manner as to deprive the owner | ||||||
5 | permanently of such use or benefit; or
| ||||||
6 | (C) Uses, conceals, or abandons the property | ||||||
7 | knowing such use,
concealment or abandonment probably | ||||||
8 | will deprive the owner permanently
of such use or | ||||||
9 | benefit.
| ||||||
10 | (b) Sentence.
| ||||||
11 | (1) Theft of property not from the person and
not | ||||||
12 | exceeding $300 in value is a Class A misdemeanor.
| ||||||
13 | (1.1) Theft of property not from the person and
not | ||||||
14 | exceeding $300 in value is a Class 4 felony if the theft | ||||||
15 | was committed in a
school or place of worship or if the | ||||||
16 | theft was of governmental property.
| ||||||
17 | (2) A person who has been convicted of theft of | ||||||
18 | property not from the
person and not exceeding
$300 in | ||||||
19 | value who has been
previously convicted of any type of | ||||||
20 | theft, robbery, armed robbery,
vehicular hijacking, | ||||||
21 | aggravated vehicular hijacking, aggravated robbery, | ||||||
22 | burglary, residential burglary, possession of burglary | ||||||
23 | tools, home
invasion, forgery, a violation of Section | ||||||
24 | 4-103, 4-103.1, 4-103.2, or 4-103.3
of the Illinois Vehicle | ||||||
25 | Code relating to the possession of a stolen or
converted | ||||||
26 | motor vehicle, or a violation of Section 8 of the Illinois |
| |||||||
| |||||||
1 | Credit
Card and Debit Card Act is guilty of a Class 4 | ||||||
2 | felony. When a person has any
such prior
conviction, the | ||||||
3 | information or indictment charging that person shall state
| ||||||
4 | such prior conviction so as to give notice of the State's | ||||||
5 | intention to
treat the charge as a felony. The fact of such | ||||||
6 | prior conviction is not an
element of the offense and may | ||||||
7 | not be disclosed to the jury during trial
unless otherwise | ||||||
8 | permitted by issues properly raised during such trial.
| ||||||
9 | (3) (Blank).
| ||||||
10 | (4) Theft of property from the person not exceeding | ||||||
11 | $300 in value, or
theft of
property exceeding $300 and not | ||||||
12 | exceeding $10,000 in value, is a
Class 3 felony.
| ||||||
13 | (4.1) Theft of property from the person not exceeding | ||||||
14 | $300 in value, or
theft of property exceeding $300 and not | ||||||
15 | exceeding $10,000 in value, is a Class
2 felony if the | ||||||
16 | theft was committed in a school or place of worship or if | ||||||
17 | the theft was of governmental property.
| ||||||
18 | (5) Theft of property exceeding $10,000 and not | ||||||
19 | exceeding
$100,000 in value is a Class 2 felony.
| ||||||
20 | (5.1) Theft of property exceeding $10,000 and not | ||||||
21 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
22 | theft was committed in a school or place of worship or if | ||||||
23 | the theft was of governmental property.
| ||||||
24 | (6) Theft of property exceeding $100,000 and not | ||||||
25 | exceeding $500,000 in
value is a Class 1 felony.
| ||||||
26 | (6.1) Theft of property exceeding $100,000 in value is |
| |||||||
| |||||||
1 | a Class X felony
if the theft was committed in a school or | ||||||
2 | place of worship or if the theft was of governmental | ||||||
3 | property.
| ||||||
4 | (6.2) Theft of property exceeding $500,000 in value is | ||||||
5 | a Class 1
non-probationable
felony.
| ||||||
6 | (7) Theft by deception, as described by paragraph (2) | ||||||
7 | of
subsection (a) of
this Section, in which the offender | ||||||
8 | obtained money or property valued at
$5,000 or more from a | ||||||
9 | victim 60 years of age or older is a Class 2 felony.
| ||||||
10 | (c) When a charge of theft of property exceeding a | ||||||
11 | specified value
is brought, the value of the property involved | ||||||
12 | is an element of the offense
to be resolved by the trier of | ||||||
13 | fact as either exceeding or not exceeding
the specified value.
| ||||||
14 | (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
| ||||||
15 | (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
| ||||||
16 | Sec. 16A-10. Sentence. | ||||||
17 | (1) Retail theft of property, the full retail
value of | ||||||
18 | which does not exceed $150, is a Class A misdemeanor. Theft by | ||||||
19 | emergency exit of property, the full retail
value of which does | ||||||
20 | not exceed $150, is a Class 4 felony.
| ||||||
21 | (2) A person who has been convicted of retail theft of | ||||||
22 | property, the
full retail value of which does not exceed $150, | ||||||
23 | and who has been
previously convicted of any type of theft, | ||||||
24 | robbery, armed robbery,
vehicular hijacking, aggravated | ||||||
25 | vehicular hijacking, aggravated robbery, burglary, residential |
| |||||||
| |||||||
1 | burglary, possession of burglary tools , or home
invasion , | ||||||
2 | forgery, or a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
3 | 4-103.3
of the Illinois Vehicle Code relating to the possession | ||||||
4 | of a stolen or
converted motor vehicle, is guilty of a Class 4 | ||||||
5 | felony. A person who has been convicted of theft by emergency | ||||||
6 | exit of property, the
full retail value of which does not | ||||||
7 | exceed $150, and who has been
previously convicted of any type | ||||||
8 | of theft, robbery, armed robbery,
burglary, residential | ||||||
9 | burglary, possession of burglary tools or home
invasion is | ||||||
10 | guilty of a Class 3 felony. When a person has any such prior
| ||||||
11 | conviction, the information or indictment charging that person | ||||||
12 | shall state
such prior conviction so as to give notice of the | ||||||
13 | State's intention to
treat the charge of retail theft as a | ||||||
14 | felony. The fact of such prior conviction is not an
element of | ||||||
15 | the offense and may not be disclosed to the jury during trial
| ||||||
16 | unless otherwise permitted by issues properly raised during | ||||||
17 | such trial.
| ||||||
18 | (3) Any retail theft of property, the full retail value of
| ||||||
19 | which exceeds $150, is a Class 3 felony.
Theft by emergency | ||||||
20 | exit of property, the full retail value of
which exceeds $150, | ||||||
21 | is a Class 2 felony. When a charge of retail theft of property | ||||||
22 | or theft by emergency exit of property, the full value of which
| ||||||
23 | exceeds $150, is brought, the value of the property involved is | ||||||
24 | an element
of the offense to be resolved by the trier of fact | ||||||
25 | as either exceeding or
not exceeding $150.
| ||||||
26 | (Source: P.A. 94-449, eff. 8-4-05.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|