99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0393

 

Introduced , by Rep. Michael Unes

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1.4 new

    Amends the Criminal Code of 2012. Creates the offense of theft of recyclable metal. Provides that a person commits theft of recyclable metal when, without the consent of the owner, he or she knowingly obtains or exerts control over property consisting of any recyclable metal as defined in the Recyclable Metal Purchase Registration Law that is manufactured, sold, or used for certain specified purposes. Provides that a person also commits theft of recyclable metal when he or she, in committing theft of recyclable metal, knowingly damages or destroys any property of another by removing or damaging recyclable metal components of that property. Provides differing criminal penalties depending on the value or type of the recyclable metal and where it was acquired.


LRB099 05196 RLC 25227 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0393LRB099 05196 RLC 25227 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 16-1.4 as follows:
 
6    (720 ILCS 5/16-1.4 new)
7    Sec. 16-1.4. Theft of recyclable metal.
8    (a) A person commits theft of recyclable metal when,
9without the consent of the owner, he or she knowingly obtains
10or exerts control over property of the owner or aids or assists
11in obtaining or exerting control over property of the owner:
12        (1) consisting of any recyclable metal as defined in
13    Section 2 of the Recyclable Metal Purchase Registration
14    Law; and
15        (2) which is manufactured, sold, or used as:
16            (A) telegraph, telephone, cable
17        telecommunications, or electric transmission or
18        distribution equipment including, but not limited to,
19        wires, transformers, grounds, grounding straps or
20        wire, poles, pedestals, or underground equipment;
21            (B) telephone, cable telecommunications, or
22        electric power line equipment;
23            (C) a wire or fiber insulator, power supply,

 

 

HB0393- 2 -LRB099 05196 RLC 25227 b

1        transformer, grounding system, transmission or other
2        apparatus, equipment or fixture used in the
3        transmission of telegraph, telephone, cable
4        telecommunications, or electrical power service;
5            (D) equipment related to wireless communications
6        regulated by the Federal Communications Commission;
7            (E) a fire hydrant, gutter, downspout, plumbing
8        pipe, or plumbing fixture;
9            (F) an irrigation unit including a cable, pump, or
10        power supply;
11            (G) a heating, ventilation, or air conditioning
12        unit or system, or any component of a heating,
13        ventilation, or air conditioning unit or system; or
14            (H) a guardrail, manhole cover, historical marker,
15        or cemetery plaque.
16    (b) A person also commits theft of recyclable metal when he
17or she, in committing theft of recyclable metal under
18subsection (a), knowingly damages or destroys any property of
19another by removing or damaging recyclable metal components of
20that property.
21    (c) Sentence.
22        (1) Theft of recyclable metal not exceeding $500 in
23    value is a Class 4 felony.
24        (2) Theft of recyclable metal not exceeding $500 in
25    value if the theft was committed in a school or place of
26    worship or if the theft was of governmental property is a

 

 

HB0393- 3 -LRB099 05196 RLC 25227 b

1    Class 3 felony.
2        (3) Theft of recyclable metal exceeding $500 and not
3    exceeding $10,000 in value, is a Class 2 felony.
4        (4) Theft of recyclable metal exceeding $500 in value
5    if the theft was committed in a school or place of worship
6    or if the theft was of governmental property is a Class 1
7    felony.
8        (5) Theft of recyclable metal exceeding $10,000 in
9    value is a Class 1 felony.
10        (6) For the purpose of this subsection, "value" means
11    the sum of:
12            (A) the fair market value of any recyclable metal
13        unlawfully obtained or controlled under subsection (a)
14        of this Section;
15            (B) the fair market value of any property damaged
16        or destroyed under subsection (b) of this Section; and
17            (C) the cost of restoring electric, water, gas, or
18        other utility service if the theft of recyclable metal
19        proximately causes an interruption in the utility
20        service.