Full Text of HB6460 96th General Assembly
HB6460sam001 96TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 1/3/2011
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| 1 | | AMENDMENT TO HOUSE BILL 6460
| 2 | | AMENDMENT NO. ______. Amend House Bill 6460 on page 23, by | 3 | | inserting immediately below line 20 the following:
| 4 | | "Section 10. The Criminal Code of 1961 is amended by | 5 | | changing Sections 16-1, 16H-50, and 16H-55 and by adding | 6 | | Section 16H-70 as follows:
| 7 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 8 | | Sec. 16-1. Theft.
| 9 | | (a) A person commits theft when he knowingly:
| 10 | | (1) Obtains or exerts unauthorized control over | 11 | | property of the
owner; or
| 12 | | (2) Obtains by deception control over property of the | 13 | | owner; or
| 14 | | (3) Obtains by threat control over property of the | 15 | | owner; or
| 16 | | (4) Obtains control over stolen property knowing the |
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| 1 | | property to
have been stolen or under such circumstances as | 2 | | would
reasonably induce him to believe that the property | 3 | | was stolen; or
| 4 | | (5) Obtains or exerts control over property in the | 5 | | custody of any law
enforcement agency which any law | 6 | | enforcement officer or any individual acting in behalf of a | 7 | | law enforcement agency explicitly represents to the person | 8 | | as being stolen or represents to the person such | 9 | | circumstances as would reasonably induce the person to | 10 | | believe that the property was stolen is explicitly | 11 | | represented to him by any law
enforcement officer or any | 12 | | individual acting in behalf of a law enforcement
agency as | 13 | | being stolen , and
| 14 | | (A) Intends to deprive the owner permanently of the | 15 | | use or
benefit of the property; or
| 16 | | (B) Knowingly uses, conceals or abandons the | 17 | | property in such
manner as to deprive the owner | 18 | | permanently of such use or benefit; or
| 19 | | (C) Uses, conceals, or abandons the property | 20 | | knowing such use,
concealment or abandonment probably | 21 | | will deprive the owner permanently
of such use or | 22 | | benefit.
| 23 | | (b) Sentence.
| 24 | | (1) Theft of property not from the person and
not | 25 | | exceeding $500 in value is a Class A misdemeanor.
| 26 | | (1.1) Theft of property not from the person and
not |
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| 1 | | exceeding $500 in value is a Class 4 felony if the theft | 2 | | was committed in a
school or place of worship or if the | 3 | | theft was of governmental property.
| 4 | | (2) A person who has been convicted of theft of | 5 | | property not from the
person and not exceeding
$500 in | 6 | | value who has been
previously convicted of any type of | 7 | | theft, robbery, armed robbery,
burglary, residential | 8 | | burglary, possession of burglary tools, home
invasion, | 9 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 10 | | 4-103.3
of the Illinois Vehicle Code relating to the | 11 | | possession of a stolen or
converted motor vehicle, or a | 12 | | violation of Section 8 of the Illinois Credit
Card and | 13 | | Debit Card Act is guilty of a Class 4 felony. When a person | 14 | | has any
such prior
conviction, the information or | 15 | | indictment charging that person shall state
such prior | 16 | | conviction so as to give notice of the State's intention to
| 17 | | treat the charge as a felony. The fact of such prior | 18 | | conviction is not an
element of the offense and may not be | 19 | | disclosed to the jury during trial
unless otherwise | 20 | | permitted by issues properly raised during such trial.
| 21 | | (3) (Blank).
| 22 | | (4) Theft of property from the person not exceeding | 23 | | $500 in value, or
theft of
property exceeding $500 and not | 24 | | exceeding $10,000 in value, is a
Class 3 felony.
| 25 | | (4.1) Theft of property from the person not exceeding | 26 | | $500 in value, or
theft of property exceeding $500 and not |
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| 1 | | exceeding $10,000 in value, is a Class
2 felony if the | 2 | | theft was committed in a school or place of worship or if | 3 | | the theft was of governmental property.
| 4 | | (5) Theft of property exceeding $10,000 and not | 5 | | exceeding
$100,000 in value is a Class 2 felony.
| 6 | | (5.1) Theft of property exceeding $10,000 and not | 7 | | exceeding $100,000 in
value is a Class 1 felony
if the | 8 | | theft was committed in a school or place of worship or if | 9 | | the theft was of governmental property.
| 10 | | (6) Theft of property exceeding $100,000 and not | 11 | | exceeding $500,000 in
value is a Class 1 felony.
| 12 | | (6.1) Theft of property exceeding $100,000 in value is | 13 | | a Class X felony
if the theft was committed in a school or | 14 | | place of worship or if the theft was of governmental | 15 | | property.
| 16 | | (6.2) Theft of property exceeding $500,000 and not | 17 | | exceeding $1,000,000 in value is a Class 1
| 18 | | non-probationable
felony.
| 19 | | (6.3) Theft of property exceeding $1,000,000 in value | 20 | | is a Class X felony.
| 21 | | (7) Theft by deception, as described by paragraph (2) | 22 | | of
subsection (a) of
this Section, in which the offender | 23 | | obtained money or property valued at
$5,000 or more from a | 24 | | victim 60 years of age or older is a Class 2 felony.
| 25 | | (8) Theft by deception, as described by paragraph (2) | 26 | | of
subsection (a) of
this Section, in which the offender |
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| 1 | | falsely poses as a landlord or agent or employee of the | 2 | | landlord and obtains a rent payment or a security deposit | 3 | | from a tenant is a Class 3 felony if the rent payment or | 4 | | security deposit obtained does not exceed $500. | 5 | | (9) Theft by deception, as described by paragraph (2) | 6 | | of
subsection (a) of
this Section, in which the offender | 7 | | falsely poses as a landlord or agent or employee of the | 8 | | landlord and obtains a rent payment or a security deposit | 9 | | from a tenant is a Class 2 felony if the rent payment or | 10 | | security deposit obtained exceeds $500 and does not exceed | 11 | | $10,000. | 12 | | (10) Theft by deception, as described by paragraph (2) | 13 | | of
subsection (a) of
this Section, in which the offender | 14 | | falsely poses as a landlord or agent or employee of the | 15 | | landlord and obtains a rent payment or a security deposit | 16 | | from a tenant is a Class 1 felony if the rent payment or | 17 | | security deposit obtained exceeds $10,000 and does not | 18 | | exceed $100,000. | 19 | | (11) Theft by deception, as described by paragraph (2) | 20 | | of
subsection (a) of
this Section, in which the offender | 21 | | falsely poses as a landlord or agent or employee of the | 22 | | landlord and obtains a rent payment or a security deposit | 23 | | from a tenant is a Class X felony if the rent payment or | 24 | | security deposit obtained exceeds $100,000. | 25 | | (c) When a charge of theft of property exceeding a | 26 | | specified value
is brought, the value of the property involved |
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| 1 | | is an element of the offense
to be resolved by the trier of | 2 | | fact as either exceeding or not exceeding
the specified value.
| 3 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 4 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
| 5 | | (720 ILCS 5/16H-50)
| 6 | | Sec. 16H-50. Continuing financial crimes enterprise. A | 7 | | person
commits the offense of a continuing financial crimes | 8 | | enterprise when the
person knowingly, within an 18 month | 9 | | period, commits 3 or more
separate offenses under this Article, | 10 | | or felony offenses in violation of Section 16A-3 or paragraph | 11 | | (4) or (5) of subsection (a) of Section 16-1 of this Code for | 12 | | the purpose of reselling or otherwise re-entering the | 13 | | merchandise in commerce, including conveying the merchandise | 14 | | to a merchant in exchange for anything of value, or, if | 15 | | involving a financial institution,
any other felony offenses | 16 | | established under this Code.
| 17 | | (Source: P.A. 93-440, eff. 8-5-03.)
| 18 | | (720 ILCS 5/16H-55)
| 19 | | Sec. 16H-55. Organizer of a continuing financial crimes | 20 | | enterprise.
| 21 | | (a) A person commits the offense of being an organizer of a | 22 | | continuing
financial crimes enterprise when the person:
| 23 | | (1) with the intent to commit an offense under this | 24 | | Article, or a felony offense in violation of Section 16A-3 |
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| 1 | | or paragraph (4) or (5) of subsection (a) of Section 16-1 | 2 | | of this Code for the purpose of reselling or otherwise | 3 | | re-entering the merchandise in commerce, including | 4 | | conveying the merchandise to a merchant in exchange for | 5 | | anything of value, or, if
involving a financial | 6 | | institution, any other felony offense established under
| 7 | | this Code, agrees with another person to the commission of | 8 | | that offense on 3 or
more separate occasions within an 18 | 9 | | month period, and
| 10 | | (2) with respect to the other persons within the | 11 | | conspiracy,
occupies a position of organizer, supervisor, | 12 | | or financier or other position of
management.
| 13 | | (b) The person with whom the accused agreed to commit the 3 | 14 | | or
more offenses under this Article, or, if involving a | 15 | | financial institution, any
other felony offenses established | 16 | | under this Code, need not be the same person
or persons for
| 17 | | each offense, as long as the accused was a part of the common | 18 | | scheme or
plan to engage in each of the 3 or more alleged | 19 | | offenses.
| 20 | | (Source: P.A. 93-440, eff. 8-5-03.)
| 21 | | (720 ILCS 5/16H-70 new) | 22 | | Sec. 16H-70. Forfeiture. Any violation of this Article | 23 | | shall be subject to the remedies, procedures, and forfeiture as | 24 | | set forth in subsections (f) through (s) of Section 29B-1 of | 25 | | this Code. ".
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