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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB6667
Introduced , by Rep. John A. Fritchey - David E. Miller SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16-1 |
from Ch. 38, par. 16-1 |
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Amends the Criminal Code of 1961. Provides that theft of property consisting of motor fuel by the siphoning of such fuel from a motor vehicle is a Class 4 felony. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6667 |
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LRB095 21862 RLC 52112 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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| Section 16-1 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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| being stolen, and
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HB6667 |
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LRB095 21862 RLC 52112 b |
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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 $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 $300 in value is a Class 4 felony if the theft |
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| was committed in a
school or place of worship or if the |
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| theft was of governmental property.
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| (1.2) Theft of property consisting of motor fuel by the |
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| siphoning of such fuel from a motor vehicle is a Class 4 |
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| felony. For the purposes of this paragraph (1.2), "motor |
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| fuel" means all volatile and inflammable liquids produced, |
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| blended or compounded for the purpose of, or which are |
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| suitable or practicable for, operating motor vehicles; and |
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| "motor vehicle" has the meaning ascribed to it in Section |
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| 1-146 of the Illinois Vehicle Code.
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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
$300 in |
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HB6667 |
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LRB095 21862 RLC 52112 b |
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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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| 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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| $300 in value, or
theft of
property exceeding $300 and not |
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| exceeding $10,000 in value, is a
Class 3 felony.
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| (4.1) Theft of property from the person not exceeding |
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| $300 in value, or
theft of property exceeding $300 and not |
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| exceeding $10,000 in value, is a Class
2 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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| (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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HB6667 |
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LRB095 21862 RLC 52112 b |
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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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| (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 in value is |
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| a Class 1
non-probationable
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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| (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. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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