HB0393 99TH GENERAL ASSEMBLY

LRB099 05196 RLC 25227 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Theft of recyclable metal.

(a) A person commits theft of recyclable metal when, without the consent of the owner, he or she knowingly obtains or exerts control over property of the owner or aids or assists in obtaining or exerting control over property of the owner:

(1) consisting of any recyclable metal as defined in Section 2 of the Recyclable Metal Purchase Registration Law; and

(2) which is manufactured, sold, or used as:

(A) telegraph, telephone, cable telecommunications, or electric transmission or distribution equipment including, but not limited to, wires, transformers, grounds, grounding straps or wire, poles, pedestals, or underground equipment;

(B) telephone, cable telecommunications, or electric power line equipment;

(C) a wire or fiber insulator, power supply, transformer, grounding system, transmission or other apparatus, equipment or fixture used in the transmission of telegraph, telephone, cable telecommunications, or electrical power service;

(D) equipment related to wireless communications regulated by the Federal Communications Commission;

(E) a fire hydrant, gutter, downspout, plumbing pipe, or plumbing fixture;

(F) an irrigation unit including a cable, pump, or power supply;

(G) a heating, ventilation, or air conditioning unit or system, or any component of a heating, ventilation, or air conditioning unit or system; or

(H) a guardrail, manhole cover, historical marker, or cemetery plaque.

(b) A person also commits theft of recyclable metal when he or she, in committing theft of recyclable metal under subsection (a), knowingly damages or destroys any property of another by removing or damaging recyclable metal components of that property.

(c) Sentence.

(1) Theft of recyclable metal not exceeding $500 in value is a Class 4 felony.

(2) Theft of recyclable metal not exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 3 felony.

(3) Theft of recyclable metal exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony.

(4) Theft of recyclable metal exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 1 felony.

(5) Theft of recyclable metal exceeding $10,000 in value is a Class 1 felony.

(6) For the purpose of this subsection, "value" means the sum of:

(A) the fair market value of any recyclable metal unlawfully obtained or controlled under subsection (a) of this Section;

(B) the fair market value of any property damaged or destroyed under subsection (b) of this Section; and

(C) the cost of restoring electric, water, gas, or other utility service if the theft of recyclable metal proximately causes an interruption in the utility service.