102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5377

 

Introduced 1/31/2022, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1  from Ch. 38, par. 16-1

    Amends the Criminal Code of 2012. Provides that theft of a companion animal not exceeding $500 in value is a Class 4 felony. Defines "companion animal".


LRB102 24980 RLC 34235 b

 

 

A BILL FOR

 

HB5377LRB102 24980 RLC 34235 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
5changing Section 16-1 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 or she 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
17    as would reasonably induce him or her to believe that the
18    property was stolen; or
19        (5) Obtains or exerts control over property in the
20    custody of any law enforcement agency which any law
21    enforcement officer or any individual acting in behalf of
22    a law enforcement agency explicitly represents to the
23    person as being stolen or represents to the person such

 

 

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1    circumstances as would reasonably induce the person to
2    believe that the property was stolen, and
3            (A) Intends to deprive the owner permanently of
4        the use or benefit of the property; or
5            (B) Knowingly uses, conceals or abandons the
6        property in such manner as to deprive the owner
7        permanently of such use or benefit; or
8            (C) Uses, conceals, or abandons the property
9        knowing such use, concealment or abandonment probably
10        will deprive the owner permanently of such use or
11        benefit.
12    (b) Sentence.
13        (1) Theft of property not from the person and not
14    exceeding $500 in value is a Class A misdemeanor.
15        (1.1) Theft of property not from the person and not
16    exceeding $500 in value is a Class 4 felony if the theft
17    was committed in a school or place of worship or if the
18    theft was of governmental property.
19        (2) A person who has been convicted of theft of
20    property not from the person and not exceeding $500 in
21    value who has been previously convicted of any type of
22    theft, robbery, armed robbery, burglary, residential
23    burglary, possession of burglary tools, home invasion,
24    forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
25    or 4-103.3 of the Illinois Vehicle Code relating to the
26    possession of a stolen or converted motor vehicle, or a

 

 

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1    violation of Section 17-36 of the Criminal Code of 1961 or
2    the Criminal Code of 2012, or Section 8 of the Illinois
3    Credit Card and Debit Card Act is guilty of a Class 4
4    felony.
5        (3) (Blank).
6        (3.1) Theft of a companion animal not exceeding $500
7    in value is a Class 4 felony. For purposes of this
8    paragraph, "companion animal" has the meaning provided in
9    Section 2.01a of the Humane Care for Animals Act.
10        (4) Theft of property from the person not exceeding
11    $500 in value, or theft of property exceeding $500 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    $500 in value, or theft of property exceeding $500 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

 

 

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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 and not
5    exceeding $1,000,000 in value is a Class 1
6    non-probationable felony.
7        (6.3) Theft of property exceeding $1,000,000 in value
8    is a Class X felony.
9        (7) Theft by deception, as described by paragraph (2)
10    of subsection (a) of this Section, in which the offender
11    obtained money or property valued at $5,000 or more from a
12    victim 60 years of age or older or a person with a
13    disability is a Class 2 felony.
14        (8) Theft by deception, as described by paragraph (2)
15    of subsection (a) of this Section, in which the offender
16    falsely poses as a landlord or agent or employee of the
17    landlord and obtains a rent payment or a security deposit
18    from a tenant is a Class 3 felony if the rent payment or
19    security deposit obtained does not exceed $500.
20        (9) Theft by deception, as described by paragraph (2)
21    of subsection (a) of this Section, in which the offender
22    falsely poses as a landlord or agent or employee of the
23    landlord and obtains a rent payment or a security deposit
24    from a tenant is a Class 2 felony if the rent payment or
25    security deposit obtained exceeds $500 and does not exceed
26    $10,000.

 

 

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1        (10) Theft by deception, as described by paragraph (2)
2    of subsection (a) of this Section, in which the offender
3    falsely poses as a landlord or agent or employee of the
4    landlord and obtains a rent payment or a security deposit
5    from a tenant is a Class 1 felony if the rent payment or
6    security deposit obtained exceeds $10,000 and does not
7    exceed $100,000.
8        (11) Theft by deception, as described by paragraph (2)
9    of subsection (a) of this Section, in which the offender
10    falsely poses as a landlord or agent or employee of the
11    landlord and obtains a rent payment or a security deposit
12    from a tenant is a Class X felony if the rent payment or
13    security deposit obtained exceeds $100,000.
14    (c) When a charge of theft of property exceeding a
15specified value is brought, the value of the property involved
16is an element of the offense to be resolved by the trier of
17fact as either exceeding or not exceeding the specified value.
18    (d) Theft by lessee; permissive inference. The trier of
19fact may infer evidence that a person intends to deprive the
20owner permanently of the use or benefit of the property (1) if
21a lessee of the personal property of another fails to return it
22to the owner within 10 days after written demand from the owner
23for its return or (2) if a lessee of the personal property of
24another fails to return it to the owner within 24 hours after
25written demand from the owner for its return and the lessee had
26presented identification to the owner that contained a

 

 

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1materially fictitious name, address, or telephone number. A
2notice in writing, given after the expiration of the leasing
3agreement, addressed and mailed, by registered mail, to the
4lessee at the address given by him and shown on the leasing
5agreement shall constitute proper demand.
6    (e) Permissive inference; evidence of intent that a person
7obtains by deception control over property. The trier of fact
8may infer that a person "knowingly obtains by deception
9control over property of the owner" when he or she fails to
10return, within 45 days after written demand from the owner,
11the downpayment and any additional payments accepted under a
12promise, oral or in writing, to perform services for the owner
13for consideration of $3,000 or more, and the promisor
14knowingly without good cause failed to substantially perform
15pursuant to the agreement after taking a down payment of 10% or
16more of the agreed upon consideration. This provision shall
17not apply where the owner initiated the suspension of
18performance under the agreement, or where the promisor
19responds to the notice within the 45-day notice period. A
20notice in writing, addressed and mailed, by registered mail,
21to the promisor at the last known address of the promisor,
22shall constitute proper demand.
23    (f) Offender's interest in the property.
24        (1) It is no defense to a charge of theft of property
25    that the offender has an interest therein, when the owner
26    also has an interest to which the offender is not

 

 

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1    entitled.
2        (2) Where the property involved is that of the
3    offender's spouse, no prosecution for theft may be
4    maintained unless the parties were not living together as
5    man and wife and were living in separate abodes at the time
6    of the alleged theft.
7(Source: P.A. 101-394, eff. 1-1-20.)