HB3934 Enrolled

LRB096 10494 RLC 20666 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 as follows:
 



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    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)



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    Sec. 16-1. Theft. 

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    (a) A person commits theft when he knowingly:


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        (1) Obtains or exerts unauthorized control over 
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    property of the
owner; or


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        (2) Obtains by deception control over property of the 
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    owner; or


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        (3) Obtains by threat control over property of the 
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    owner; or


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        (4) Obtains control over stolen property knowing the 
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    property to
have been stolen or under such circumstances as 
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    would
reasonably induce him to believe that the property 
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    was stolen; or


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        (5) Obtains or exerts control over property in the 
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    custody of any law
enforcement agency which is explicitly 
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    represented to him by any law
enforcement officer or any 
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    individual acting in behalf of a law enforcement
agency as 
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    being stolen, and


 


 






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            (A) Intends to deprive the owner permanently of the 
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        use or
benefit of the property; or


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            (B) Knowingly uses, conceals or abandons the 
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        property in such
manner as to deprive the owner 
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        permanently of such use or benefit; or


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            (C) Uses, conceals, or abandons the property 
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        knowing such use,
concealment or abandonment probably 
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        will deprive the owner permanently
of such use or 
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        benefit.

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    (b) Sentence.


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        (1) Theft of property not from the person and
not 
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    exceeding $300 in value is a Class A misdemeanor.


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        (1.1) Theft of property not from the person and
not 
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    exceeding $300 in value is a Class 4 felony if the theft 
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    was committed in a
school or place of worship or if the 
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    theft was of governmental property.


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        (2) A person who has been convicted of theft of 
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    property not from the
person and not exceeding
$300 in 
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    value who has been
previously convicted of any type of 
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    theft, robbery, armed robbery,
burglary, residential 
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    burglary, possession of burglary tools, home
invasion, 
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    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 
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    4-103.3
of the Illinois Vehicle Code relating to the 
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    possession of a stolen or
converted motor vehicle, or a 
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    violation of Section 8 of the Illinois Credit
Card and 
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    Debit Card Act is guilty of a Class 4 felony.  When a person 
 


 






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    has any
such prior
conviction, the information or 
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    indictment charging that person shall state
such prior 
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    conviction so as to give notice of the State's intention to

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    treat the charge as a felony.  The fact of such prior 
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    conviction is not an
element of the offense and may not be 
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    disclosed to the jury during trial
unless otherwise 
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    permitted by issues properly raised during such trial.


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        (3) (Blank).


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        (4) Theft of property from the person not exceeding 
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    $300 in value, or
theft of
property exceeding $300 and not 
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    exceeding $10,000 in value, is a
Class 3 felony.


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        (4.1) Theft of property from the person not exceeding 
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    $300 in value, or
theft of property exceeding $300 and not 
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    exceeding $10,000 in value, is a Class
2 felony if the 
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    theft was committed in a school or place of worship or if 
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    the theft was of governmental property.


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        (5) Theft of property exceeding $10,000 and not 
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    exceeding
$100,000 in value is a Class 2 felony.


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        (5.1) Theft of property exceeding $10,000 and not 
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    exceeding $100,000 in
value is a Class 1 felony
if the 
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    theft was committed in a school or place of worship or if 
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    the theft was of governmental property.


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        (6) Theft of property exceeding $100,000 and not 
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    exceeding $500,000 in
value is a Class 1 felony.


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        (6.1) Theft of property exceeding $100,000 in value is 
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    a Class X felony
if the theft was committed in a school or 
 


 






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    place of worship or if the theft was of governmental 
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    property.


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        (6.2) Theft of property exceeding $500,000 in value is 
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    a Class 1
non-probationable
felony.


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        (7) Theft by deception, as described by paragraph (2) 
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    of
subsection (a) of
this Section, in which the offender 
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    obtained money or property valued at
$5,000 or more from a 
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    victim 60 years of age or older is a Class 2 felony.

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        (8)  Theft by deception, as described by paragraph (2) 
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    of
subsection (a) of
this Section, in which the offender 
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    falsely poses as a landlord or agent or employee of the 
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    landlord and obtains a rent payment or a security deposit 
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    from a tenant is a Class 3 felony if the rent payment or 
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    security deposit obtained does not exceed $300.
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        (9)  Theft by deception, as described by paragraph (2) 
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    of
subsection (a) of
this Section, in which the offender 
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    falsely poses as a landlord or agent or employee of the 
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    landlord and obtains a rent payment or a security deposit 
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    from a tenant is a Class 2 felony if the rent payment or 
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    security deposit obtained exceeds $300 and does not exceed 
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    $10,000.
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        (10) Theft by deception, as described by paragraph (2) 
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    of
subsection (a) of
this Section, in which the offender 
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    falsely poses as a landlord or agent or employee of the 
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    landlord and obtains a rent payment or a security deposit 
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    from a tenant is a Class 1 felony if the rent payment or 
 


 






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    security deposit obtained exceeds $10,000 and does not 
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    exceed $100,000.
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        (11)  Theft by deception, as described by paragraph (2) 
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    of
subsection (a) of
this Section, in which the offender 
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    falsely poses as a landlord or agent or employee of the 
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    landlord and obtains a rent payment or a security deposit 
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    from a tenant is a Class X felony if the rent payment or 
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    security deposit obtained exceeds $100,000. 
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    (c) When a charge of theft of property exceeding a 
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specified value
is brought, the value of the property involved 
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is an element of the offense
to be resolved by the trier of 
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fact as either exceeding or not exceeding
the specified value.

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(Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)