Full Text of HB0692 94th General Assembly
HB0692enr 94TH GENERAL ASSEMBLY
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HB0692 Enrolled |
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LRB094 05090 RLC 35126 b |
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| AN ACT concerning motor fuel theft.
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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 Illinois Vehicle Code is amended by adding | 5 |
| Section 6-205.2 as follows: | 6 |
| (625 ILCS 5/6-205.2 new)
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| Sec. 6-205.2. Suspension of driver's license of person | 8 |
| convicted of theft of motor fuel. The driver's license of a | 9 |
| person convicted of theft of motor fuel under Section 16J-15 of | 10 |
| the Criminal Code of 1961 shall be suspended by the Secretary | 11 |
| for a period not to exceed 6 months for a first offense. Upon a | 12 |
| second or subsequent conviction for theft of motor fuel, the | 13 |
| suspension shall be for a period not to exceed one year. Upon | 14 |
| conviction of a person for theft of motor fuel, the court shall | 15 |
| order the person to surrender his or her driver's license to | 16 |
| the clerk of the court who shall forward the suspended license | 17 |
| to the Secretary.
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| Section 10. The Criminal Code of 1961 is amended by adding | 19 |
| Article 16J as follows: | 20 |
| (720 ILCS 5/Art. 16J heading new) | 21 |
| ARTICLE 16J. THEFT OF MOTOR FUEL | 22 |
| (720 ILCS 5/16J-5 new) | 23 |
| Sec. 16J-5. Legislative declaration. It is the public | 24 |
| policy of this State that the substantial burden placed upon | 25 |
| the economy of this State resulting from the rising incidence | 26 |
| of theft of motor fuel is a matter of grave concern to the | 27 |
| people of this State who have a right to be protected in their | 28 |
| health, safety and welfare from the effects of this crime. |
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HB0692 Enrolled |
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LRB094 05090 RLC 35126 b |
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| (720 ILCS 5/16J-10 new) | 2 |
| Sec. 16J-10. Definitions. For the purposes of this Article: | 3 |
| "Motor fuel" means a liquid, regardless of its properties, | 4 |
| used to propel a vehicle, including gasoline and diesel. | 5 |
| "Retailer" means a person, business, or establishment that | 6 |
| sells motor fuel at retail. | 7 |
| "Vehicle" means a motor vehicle, motorcycle, or farm | 8 |
| implement that is self-propelled and that uses motor fuel for | 9 |
| propulsion. | 10 |
| (720 ILCS 5/16J-15 new) | 11 |
| Sec. 16J-15. Offense of theft of motor fuel. A person | 12 |
| commits the offense of theft of motor fuel when he or she | 13 |
| knowingly dispenses motor fuel into a storage container or the | 14 |
| fuel tank of a motor vehicle at an establishment in which motor | 15 |
| fuel is offered for retail sale and leaves the premises of the | 16 |
| establishment without making payment or the authorized charge | 17 |
| for the motor fuel with the intention of depriving the | 18 |
| establishment in which the motor fuel is offered for retail | 19 |
| sale of the possession, use, or benefit of that motor fuel | 20 |
| without paying the full retail value of the motor fuel. | 21 |
| (720 ILCS 5/16J-25 new) | 22 |
| Sec. 16J-25. Civil liability. A person who commits the | 23 |
| offense of theft of motor fuel as described in Section 16J-15 | 24 |
| is civilly liable to the retailer as prescribed in Section | 25 |
| 16A-7. | 26 |
| (720 ILCS 5/16J-30 new) | 27 |
| Sec. 16J-30. Sentence. | 28 |
| (a) Theft of motor fuel, the full retail value of which | 29 |
| does not exceed $150, is a Class A misdemeanor. | 30 |
| (b) A person who has been convicted of theft of motor fuel, | 31 |
| the full retail value of which does not exceed $150, and who | 32 |
| has been previously convicted of any type of theft, robbery, | 33 |
| armed robbery, burglary, residential burglary, possession of |
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HB0692 Enrolled |
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LRB094 05090 RLC 35126 b |
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| burglary tools or home invasion is guilty of a Class 4 felony. | 2 |
| When a person has any such prior conviction, the information or | 3 |
| indictment charging that person shall state such prior | 4 |
| conviction so as to give notice of the State's intention to | 5 |
| treat the charge as a felony. The fact of such prior conviction | 6 |
| is not an element of the offense and may not be disclosed to | 7 |
| the jury during trial unless otherwise permitted by issues | 8 |
| properly raised during such trial. | 9 |
| (c) Any theft of motor fuel, the full retail value of which | 10 |
| exceeds $150, is a Class 3 felony. When a charge of theft of | 11 |
| motor fuel, the full value of which exceeds $150, is brought, | 12 |
| the value of the motor fuel involved is an element of the | 13 |
| offense to be resolved by the trier of fact as either exceeding | 14 |
| or not exceeding $150. | 15 |
| (720 ILCS 5/16J-35 new) | 16 |
| Sec. 16J-35. Continuation of prior law. The provisions of | 17 |
| this Article insofar as they are the same or substantially the | 18 |
| same as those of Article 16 of this Code shall be construed as | 19 |
| a continuation of that Article 16 and not as a new enactment. | 20 |
| (720 ILCS 5/16J-40 new)
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| Sec. 16J-40. Severability. The provisions of this Article | 22 |
| are severable under Section 1.31 of the Statute on Statutes.
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