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SB3797 Engrossed |
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LRB096 20804 RLC 36564 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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| Sections 16-1, 16A-2.2, 16A-10, 16H-60, and 16J-25 and by |
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| adding Sections 16A-2.14 and 16A-11 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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LRB096 20804 RLC 36564 b |
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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 $500 $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 $500 $300 in value is a Class 4 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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| (2) A person who has been convicted of theft of |
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| property not from the
person and not exceeding
$500 $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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SB3797 Engrossed |
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LRB096 20804 RLC 36564 b |
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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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| $500 $300 in value, or
theft of
property exceeding $500 |
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| $300 and not exceeding $10,000 in value, is a
Class 3 |
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| felony.
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| (4.1) Theft of property from the person not exceeding |
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| $500 $300 in value, or
theft of property exceeding $500 |
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| $300 and not exceeding $10,000 in value, is a Class
2 |
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| felony if the theft was committed in a school or place of |
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| worship or if 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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LRB096 20804 RLC 36564 b |
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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 and not |
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| exceeding $1,000,000 in value is a Class 1
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| non-probationable
felony.
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| (6.3) Theft of property exceeding $1,000,000 in value |
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| is a Class X 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 $500 $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 $500 $300 and does not |
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| exceed $10,000. |
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LRB096 20804 RLC 36564 b |
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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. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; |
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| revised 10-9-09.)
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| (720 ILCS 5/16A-2.2) (from Ch. 38, par. 16A-2.2)
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| Sec. 16A-2.2.
"Full retail value Retail Value " means the |
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| merchant's stated
or advertised price of the merchandise. "Full |
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| retail value" includes the aggregate value of property obtained |
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| from retail thefts committed by the same person as part of a |
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| continuing course of conduct from one or more mercantile |
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SB3797 Engrossed |
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LRB096 20804 RLC 36564 b |
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| establishments in a single transaction or in separate |
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| transactions over a period of one year.
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| (Source: P.A. 79-840.)
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| (720 ILCS 5/16A-2.14 new) |
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| Sec. 16A-2.14. Continuing course of conduct. "Continuing |
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| course of conduct" means a series of acts, and the accompanying |
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| mental state necessary for the crime in question, irrespective |
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| of whether the series of acts are continuous or intermittent.
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| (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
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| Sec. 16A-10. Sentence. |
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| (1) Retail theft of property, the full retail
value of |
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| which does not exceed $300 $150 , is a Class A misdemeanor. |
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| Theft by emergency exit of property, the full retail
value of |
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| which does not exceed $300 $150 , is a Class 4 felony.
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| (2) A person who has been convicted of retail theft of |
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| property, the
full retail value of which does not exceed $300 |
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| $150 , and who has been
previously convicted of any type of |
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| theft, robbery, armed robbery,
burglary, residential burglary, |
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| possession of burglary tools or home
invasion is guilty of a |
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| Class 4 felony. A person who has been convicted of theft by |
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| emergency exit of property, the
full retail value of which does |
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| not exceed $300 $150 , and who has been
previously convicted of |
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| any type of theft, robbery, armed robbery,
burglary, |
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| residential burglary, possession of burglary tools or home
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SB3797 Engrossed |
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LRB096 20804 RLC 36564 b |
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| invasion is guilty of a Class 3 felony. When a person has any |
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| such prior
conviction, the information or indictment charging |
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| that person shall state
such prior conviction so as to give |
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| notice of the State's intention to
treat the charge of retail |
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| theft as a felony. The fact of such prior conviction is not an
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| element of the offense and may not be disclosed to the jury |
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| during trial
unless otherwise permitted by issues properly |
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| raised during such trial.
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| (3) Any retail theft of property, the full retail value of
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| which exceeds $300 in a single transaction, or in separate |
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| transactions committed by the same person as part of a |
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| continuing course of conduct from one or more mercantile |
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| establishments over a period of one year $150 , is a Class 3 |
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| felony.
Theft by emergency exit of property, the full retail |
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| value of
which exceeds $300 in a single transaction, or in |
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| separate transactions committed by the same person as part of a |
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| continuing course of conduct from one or more mercantile |
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| establishments over a period of one year $150 , is a Class 2 |
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| felony. When a charge of retail theft of property or theft by |
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| emergency exit of property, the full value of which
exceeds |
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| $300 $150 , is brought, the value of the property involved is an |
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| element
of the offense to be resolved by the trier of fact as |
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| either exceeding or
not exceeding $300 $150 .
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| (Source: P.A. 94-449, eff. 8-4-05.)
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| (720 ILCS 5/16A-11 new) |
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SB3797 Engrossed |
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LRB096 20804 RLC 36564 b |
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| Sec. 16A-11. Venue. Multiple thefts committed by the same |
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| person as part of a continuing course of conduct in different |
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| jurisdictions that have been aggregated in one jurisdiction may |
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| be prosecuted in any jurisdiction in which one or more of the |
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| thefts occurred.
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| (720 ILCS 5/16H-60)
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| Sec. 16H-60. Sentence.
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| (a) A financial crime, the full value of which does not |
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| exceed $500 $300 , is
a Class A misdemeanor.
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| (b) A person who has been convicted of a financial crime, |
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| the full
value of which does not exceed $500 $300 , and who has |
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| been previously
convicted of a financial crime or any type of |
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| theft, robbery, armed robbery,
burglary, residential burglary, |
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| possession of burglary tools, or home
invasion, is guilty of a |
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| Class 4 felony. When a person has such prior
conviction, the |
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| information or indictment charging that person shall state
such |
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| prior conviction so as to give notice of the State's intention |
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| to 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
permitted |
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| by issues properly raised during such trial.
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| (c) A financial crime, the full value of which exceeds $500 |
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| $300 but does
not exceed $10,000, is a Class 3 felony. When a |
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| charge of financial crime,
the full value of which exceeds $500 |
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| $300 but does not exceed $10,000, is
brought, the value of the |
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LRB096 20804 RLC 36564 b |
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| financial crime involved is an element of the
offense to be |
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| resolved by the trier of fact as either exceeding or not
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| exceeding $500 $300 .
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| (d) A financial crime, the full value of which exceeds |
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| $10,000 but
does not exceed $100,000, is a Class 2 felony. When |
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| a charge of financial
crime, the full value of which exceeds |
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| $10,000 but does not exceed
$100,000, is brought, the value of |
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| the financial crime involved is an element
of the offense to be |
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| resolved by the trier of fact as either exceeding or not
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| exceeding $10,000.
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| (e) A financial crime, the full value of which exceeds |
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| $100,000, is a Class
1 felony.
When a charge of financial |
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| crime, the full value of which exceeds $100,000,
is brought, |
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| the value of the financial crime involved is an element of the
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| offense to be resolved by the trier of fact as either exceeding |
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| or not
exceeding $100,000.
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| (f) A financial crime which is a financial institution |
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| robbery is a
Class 1 felony.
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| (g) A financial crime which is a continuing financial |
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| crimes
enterprise is a Class 1 felony.
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| (h) A financial crime which is the offense of being an |
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| organizer of a
continuing financial crimes enterprise is a |
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| Class X felony.
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| (i) (Blank).
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| (Source: P.A. 96-534, eff. 8-14-09.)
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LRB096 20804 RLC 36564 b |
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| (720 ILCS 5/16J-25)
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| Sec. 16J-25. Sentence. A violation of this Article is a |
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| Class 4 felony if the full retail value of the stolen property |
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| or property obtained by deception does not exceed $300 $150 . A |
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| violation of this Article is a Class 2 felony if the full |
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| retail value of the stolen property or property obtained by |
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| deception exceeds $300 $150 .
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| (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)
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| Section 10. The Telephone Charge Fraud Act is amended by |
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| changing Section 1 as follows:
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| (720 ILCS 365/1) (from Ch. 134, par. 15c)
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| Sec. 1.
Any individual, corporation, or other person, who, |
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| with intent to
defraud or to aid and abet another to defraud |
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| any individual, corporation, or
other person, of the lawful |
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| charge, in whole or in part, for any
telecommunications |
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| service, shall obtain, or attempt to obtain, or aid and abet
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| another to obtain or to attempt to obtain, any |
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| telecommunications service:
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| (a) by charging such service to an existing telephone |
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| number or credit
card number without the authority of the |
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| subscriber thereto or the legitimate
holder thereof, or,
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| (b) charging such service to a nonexistent, false, |
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| fictitious, or
counterfeit telephone number or credit card |
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| number or to a suspended,
terminated, expired, cancelled, or |
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LRB096 20804 RLC 36564 b |
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| revoked telephone number or credit card
number, or,
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| (c) by use of a code, prearranged scheme, or other similar |
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| stratagem or
device whereby said person, in effect, sends or |
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| receives information, or,
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| (d) by installing, rearranging, or tampering with any |
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| facilities or
equipment, whether physically, inductively, |
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| acoustically, electronically,
or,
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| (e) by publishing the number or code of an existing, |
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| canceled, revoked
or nonexistent telephone number, credit |
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| number or other credit device or
method of numbering or coding |
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| which is employed in the issuance of
telephone numbers, credit |
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| numbers or other credit devices which may be used
to avoid the |
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| payment of any lawful telephone toll charge, or,
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| (f) by publishing plans, diagrams or methods for the |
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| construction,
assembly or usage of any device, instrument or |
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| gadget which may be used to
avoid the payment of any lawful |
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| telephone toll charge, or,
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| (g) by any other trick, stratagem, impersonation, false |
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| pretense, false
representation, false statement, contrivance, |
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| device, or means, shall be
deemed guilty of a Class A |
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| Misdemeanor; provided, however, that (a) a second
conviction of |
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| an offense under this Section, (b) commission of an offense for
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| remuneration, or (c) an offense involving the defrauding of |
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| services in excess
of $500 $300 is a Class 4 felony.
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| As used in this Section "publish" means the communication |
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| or
dissemination of information to any one or more persons, |