HB4448 97TH GENERAL ASSEMBLY

LRB097 15670 MRW 61936 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4448

Introduced 1/30/2012, by Rep. David Reis

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-1.4 new

Amends the Criminal Code of 1961. Creates the offense of copper theft. Provides that a person commits copper theft when, without the consent of the owner, he or she knowingly obtains or exerts control over property of the owner consisting of any copper or copper alloy that is manufactured, sold, or used for certain specified purposes. Provides incremental increases in the penalty for copper theft from a Class 4 felony to a Class 1 felony based on the value of the property stolen or whether the offense was committed in a school or place of worship, or if the theft was of government property.

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 1961 is amended by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Copper theft.

(a) A person commits copper theft when, without the consent of the owner, he or she knowingly obtains or exerts control over property of the owner:

(1) consisting of any copper or copper alloy; and

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

(A) a telegraph, telephone, cable telecommunications, electric power transmission pedestal, underground residential distribution device, or pole;

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

(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 fixture, including a gutter, downspout, plumbing pipe or fixture; or

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

(b) Sentence.

(1) Copper theft not exceeding $500 in value is a Class 4 felony.

(2) Copper theft 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) Copper theft exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony.

(4) Copper theft 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) Copper theft exceeding $10,000 in value is a Class 1 felony.