HB6460sam001 96TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 1/3/2011

 

 


 

 


 
09600HB6460sam001LRB096 21102 RLC 44275 a

1
AMENDMENT TO HOUSE BILL 6460

2    AMENDMENT NO. ______. Amend House Bill 6460 on page 23, by
3inserting immediately below line 20 the following:
 
4    "Section 10. The Criminal Code of 1961 is amended by
5changing Sections 16-1, 16H-50, and 16H-55 and by adding
6Section 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
26specified value is brought, the value of the property involved

 

 

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1is an element of the offense to be resolved by the trier of
2fact 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;
496-1000, 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
7person commits the offense of a continuing financial crimes
8enterprise when the person knowingly, within an 18 month
9period, commits 3 or more separate offenses under this Article,
10or 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
12the purpose of reselling or otherwise re-entering the
13merchandise in commerce, including conveying the merchandise
14to a merchant in exchange for anything of value, or, if
15involving a financial institution, any other felony offenses
16established 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
20enterprise.
21    (a) A person commits the offense of being an organizer of a
22continuing 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
14or more offenses under this Article, or, if involving a
15financial institution, any other felony offenses established
16under this Code, need not be the same person or persons for
17each offense, as long as the accused was a part of the common
18scheme or plan to engage in each of the 3 or more alleged
19offenses.
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
23shall be subject to the remedies, procedures, and forfeiture as
24set forth in subsections (f) through (s) of Section 29B-1 of
25this Code.".