Full Text of HB2402 102nd General Assembly
HB2402 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2402 Introduced 2/17/2021, by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | 720 ILCS 5/16-25 | |
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Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Provides that an enhancement from a misdemeanor to a felony based on a prior conviction must only be for felony theft.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 16-1 and 16-25 as follows:
| 6 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 7 | | Sec. 16-1. Theft.
| 8 | | (a) A person commits theft when he or she knowingly:
| 9 | | (1) Obtains or exerts unauthorized control over | 10 | | property of the
owner; or
| 11 | | (2) Obtains by deception control over property of the | 12 | | owner; or
| 13 | | (3) Obtains by threat control over property of the | 14 | | owner; or
| 15 | | (4) Obtains control over stolen property knowing the | 16 | | property to
have been stolen or under such circumstances | 17 | | as would
reasonably induce him or her to believe that the | 18 | | property was stolen; or
| 19 | | (5) Obtains or exerts control over property in the | 20 | | custody of any law
enforcement agency which any law | 21 | | enforcement officer or any individual acting in behalf of | 22 | | a law enforcement agency explicitly represents to the | 23 | | person as being stolen or represents to the person such |
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| 1 | | circumstances as would reasonably induce the person to | 2 | | believe that the property was stolen, and
| 3 | | (A) Intends to deprive the owner permanently of | 4 | | the use or
benefit of the property; or
| 5 | | (B) Knowingly uses, conceals or abandons the | 6 | | property in such
manner as to deprive the owner | 7 | | permanently of such use or benefit; or
| 8 | | (C) Uses, conceals, or abandons the property | 9 | | knowing such use,
concealment or abandonment probably | 10 | | will deprive the owner permanently
of such use or | 11 | | benefit.
| 12 | | (b) Sentence.
| 13 | | (1) Theft of property not from the person and
not | 14 | | exceeding $2,000 $500 in value is a Class A misdemeanor.
| 15 | | (1.1) Theft of property not from the person and
not | 16 | | exceeding $2,000 $500 in value is a Class 4 felony if the | 17 | | theft was committed in a
school or place of worship or if | 18 | | the theft was of governmental property.
| 19 | | (2) A person who has been convicted of theft of | 20 | | property not from the
person and not exceeding $2,000
$500 | 21 | | in value who has been
previously convicted of felony any | 22 | | type of theft , robbery, armed robbery,
burglary, | 23 | | residential burglary, possession of burglary tools, home
| 24 | | invasion, forgery, a violation of Section 4-103, 4-103.1, | 25 | | 4-103.2, or 4-103.3
of the Illinois Vehicle Code relating | 26 | | to the possession of a stolen or
converted motor vehicle, |
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| 1 | | or a violation of Section 17-36 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012, or Section 8 of the | 3 | | Illinois Credit
Card and Debit Card Act is guilty of a | 4 | | Class 4 felony.
| 5 | | (3) (Blank).
| 6 | | (4) Theft of property from the person not exceeding | 7 | | $500 in value, or
theft of
property exceeding $2,000 $500 | 8 | | and not exceeding $10,000 in value, is a
Class 3 felony.
| 9 | | (4.1) Theft of property from the person not exceeding | 10 | | $500 in value, or
theft of property exceeding $2,000 $500 | 11 | | and not exceeding $10,000 in value, is a Class
2 felony if | 12 | | the theft was committed in a school or place of worship or | 13 | | if the theft was of governmental property.
| 14 | | (5) Theft of property exceeding $10,000 and not | 15 | | exceeding
$100,000 in value is a Class 2 felony.
| 16 | | (5.1) Theft of property exceeding $10,000 and not | 17 | | exceeding $100,000 in
value is a Class 1 felony
if the | 18 | | theft was committed in a school or place of worship or if | 19 | | the theft was of governmental property.
| 20 | | (6) Theft of property exceeding $100,000 and not | 21 | | exceeding $500,000 in
value is a Class 1 felony.
| 22 | | (6.1) Theft of property exceeding $100,000 in value is | 23 | | a Class X felony
if the theft was committed in a school or | 24 | | place of worship or if the theft was of governmental | 25 | | property.
| 26 | | (6.2) Theft of property exceeding $500,000 and not |
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| 1 | | exceeding $1,000,000 in value is a Class 1
| 2 | | non-probationable
felony.
| 3 | | (6.3) Theft of property exceeding $1,000,000 in value | 4 | | is a Class X felony. | 5 | | (7) Theft by deception, as described by paragraph (2) | 6 | | of
subsection (a) of
this Section, in which the offender | 7 | | obtained money or property valued at
$5,000 or more from a | 8 | | victim 60 years of age or older or a person with a | 9 | | disability is a Class 2 felony.
| 10 | | (8) Theft by deception, as described by paragraph (2) | 11 | | of
subsection (a) of
this Section, in which the offender | 12 | | falsely poses as a landlord or agent or employee of the | 13 | | landlord and obtains a rent payment or a security deposit | 14 | | from a tenant is a Class 3 felony if the rent payment or | 15 | | security deposit obtained does not exceed $500. | 16 | | (9) Theft by deception, as described by paragraph (2) | 17 | | of
subsection (a) of
this Section, in which the offender | 18 | | falsely poses as a landlord or agent or employee of the | 19 | | landlord and obtains a rent payment or a security deposit | 20 | | from a tenant is a Class 2 felony if the rent payment or | 21 | | security deposit obtained exceeds $500 and does not exceed | 22 | | $10,000. | 23 | | (10) Theft by deception, as described by paragraph (2) | 24 | | of
subsection (a) of
this Section, in which the offender | 25 | | falsely poses as a landlord or agent or employee of the | 26 | | landlord and obtains a rent payment or a security deposit |
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| 1 | | from a tenant is a Class 1 felony if the rent payment or | 2 | | security deposit obtained exceeds $10,000 and does not | 3 | | exceed $100,000. | 4 | | (11) Theft by deception, as described by paragraph (2) | 5 | | of
subsection (a) of
this Section, in which the offender | 6 | | falsely poses as a landlord or agent or employee of the | 7 | | landlord and obtains a rent payment or a security deposit | 8 | | from a tenant is a Class X felony if the rent payment or | 9 | | security deposit obtained exceeds $100,000. | 10 | | (c) When a charge of theft of property exceeding a | 11 | | specified value
is brought, the value of the property involved | 12 | | is an element of the offense
to be resolved by the trier of | 13 | | fact as either exceeding or not exceeding
the specified value.
| 14 | | (d) Theft by lessee; permissive inference. The trier of | 15 | | fact may infer evidence that a person intends to deprive the | 16 | | owner permanently of the use or benefit of the property (1) if | 17 | | a
lessee of the personal property of another fails to return it | 18 | | to the
owner within 10 days after written demand from the owner | 19 | | for its
return or (2) if a lessee of the personal property of | 20 | | another fails to return
it to the owner within 24 hours after | 21 | | written demand from the owner for its
return and the lessee had | 22 | | presented identification to the owner that contained
a | 23 | | materially fictitious name, address, or telephone number. A | 24 | | notice in
writing, given after the expiration of the leasing | 25 | | agreement, addressed and
mailed, by registered mail, to the | 26 | | lessee at the address given by him and shown
on the leasing |
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| 1 | | agreement shall constitute proper demand. | 2 | | (e) Permissive inference; evidence of intent that a person | 3 | | obtains by deception control over property. The trier of fact | 4 | | may infer that a person
"knowingly obtains by deception | 5 | | control over property of the owner" when he or she
fails to | 6 | | return, within 45 days after written demand from the owner, | 7 | | the
downpayment and any additional payments accepted under a | 8 | | promise, oral or
in writing, to perform services for the owner | 9 | | for consideration of $3,000
or more, and the promisor | 10 | | knowingly without good cause failed to
substantially perform | 11 | | pursuant to the agreement after taking a down payment
of 10% or | 12 | | more of the agreed upon consideration.
This provision shall | 13 | | not apply where the owner initiated the suspension of
| 14 | | performance under the agreement, or where the promisor | 15 | | responds to the
notice within the 45-day notice period. A | 16 | | notice in writing, addressed and
mailed, by registered mail, | 17 | | to the promisor at the last known address of
the promisor, | 18 | | shall constitute proper demand. | 19 | | (f) Offender's interest in the property. | 20 | | (1) It is no defense to a charge of theft of property | 21 | | that the offender
has an interest therein, when the owner | 22 | | also has an interest to which the
offender is not | 23 | | entitled. | 24 | | (2) Where the property involved is that of the | 25 | | offender's spouse, no
prosecution for theft may be | 26 | | maintained unless the parties were not living
together as |
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| 1 | | man and wife and were living in separate abodes at the time | 2 | | of
the alleged theft. | 3 | | (Source: P.A. 101-394, eff. 1-1-20 .) | 4 | | (720 ILCS 5/16-25) | 5 | | Sec. 16-25. Retail theft. | 6 | | (a) A person commits retail theft when he or she | 7 | | knowingly:
| 8 | | (1) Takes possession of, carries away, transfers or | 9 | | causes to be
carried away or transferred any merchandise | 10 | | displayed, held, stored or
offered for sale in a retail | 11 | | mercantile establishment with the intention
of retaining | 12 | | such merchandise or with the intention of depriving the
| 13 | | merchant permanently of the possession, use or benefit of | 14 | | such
merchandise without paying the full retail value of | 15 | | such merchandise; or
| 16 | | (2) Alters, transfers, or removes any label, price | 17 | | tag, marking,
indicia of value or any other markings which | 18 | | aid in determining value
affixed to any merchandise | 19 | | displayed, held, stored or offered for sale
in a retail | 20 | | mercantile establishment and attempts to purchase such
| 21 | | merchandise at less than the full
retail value with the | 22 | | intention of depriving the merchant of the full
retail | 23 | | value of such merchandise; or
| 24 | | (3) Transfers any merchandise displayed, held, stored | 25 | | or offered for
sale in a retail mercantile establishment |
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| 1 | | from the container in or on
which such merchandise is | 2 | | displayed to any other container with the
intention of | 3 | | depriving the merchant of the full retail value of such
| 4 | | merchandise; or
| 5 | | (4) Under-rings with the intention of depriving the | 6 | | merchant of the
full retail value of the merchandise; or
| 7 | | (5) Removes a shopping cart from the premises of a | 8 | | retail mercantile
establishment without the consent of the | 9 | | merchant given at the time of
such removal with the | 10 | | intention of depriving the merchant permanently of
the | 11 | | possession, use or benefit of such cart; or
| 12 | | (6) Represents to a merchant that he, she, or another | 13 | | is the lawful owner
of property, knowing that such | 14 | | representation is false, and conveys or attempts
to convey | 15 | | that property to a merchant who is the owner of the | 16 | | property in
exchange for money, merchandise credit or | 17 | | other property of the merchant; or
| 18 | | (7) Uses or possesses any theft detection shielding | 19 | | device or theft
detection device remover with the | 20 | | intention of using such device to deprive
the merchant | 21 | | permanently of the possession, use or benefit of any
| 22 | | merchandise displayed, held, stored or offered for sale in | 23 | | a retail
mercantile establishment without paying the full | 24 | | retail value of such
merchandise; or
| 25 | | (8) Obtains or exerts unauthorized control over | 26 | | property of the owner
and thereby intends to deprive the |
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| 1 | | owner permanently of the use or benefit
of the property | 2 | | when a lessee of the personal property of another fails to
| 3 | | return it to the owner, or if the lessee fails to pay the | 4 | | full retail value
of such property to the lessor in | 5 | | satisfaction of any contractual provision
requiring such, | 6 | | within 10 days after written demand from the owner for its
| 7 | | return. A notice in writing, given after the expiration of | 8 | | the leasing
agreement, by registered mail, to the lessee | 9 | | at the address given by the
lessee and shown on the leasing | 10 | | agreement shall constitute proper demand. | 11 | | (b) Theft by emergency exit. A person commits theft by | 12 | | emergency exit when he or she commits a retail theft as defined | 13 | | in subdivisions (a)(1) through (a)(8) of this Section and to | 14 | | facilitate the theft he or she leaves the retail mercantile | 15 | | establishment by use of a designated emergency exit. | 16 | | (c) Permissive inference. If any person:
| 17 | | (1) conceals upon his or her person or among his or her | 18 | | belongings unpurchased
merchandise displayed, held, stored | 19 | | or offered for sale in a retail
mercantile establishment; | 20 | | and
| 21 | | (2) removes that merchandise beyond the last known | 22 | | station for
receiving payments for that merchandise in | 23 | | that retail mercantile
establishment, | 24 | | then the trier of fact may infer that the person possessed, | 25 | | carried
away or transferred such merchandise with the | 26 | | intention of retaining it
or with the intention of depriving |
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| 1 | | the merchant permanently of the
possession, use or benefit of | 2 | | such merchandise without paying the full
retail value of such | 3 | | merchandise. | 4 | | To "conceal" merchandise means that, although there may be | 5 | | some notice of its presence, that merchandise is not visible | 6 | | through ordinary observation. | 7 | | (d) Venue. Multiple thefts committed by the same person as | 8 | | part of a continuing course of conduct in different | 9 | | jurisdictions that have been aggregated in one jurisdiction | 10 | | may be prosecuted in any jurisdiction in which one or more of | 11 | | the thefts occurred. | 12 | | (e) For the purposes of this Section, "theft detection | 13 | | shielding device" means any laminated or coated bag or device | 14 | | designed and intended to shield merchandise from detection by | 15 | | an electronic or magnetic theft alarm sensor. | 16 | | (f) Sentence. | 17 | | (1) A violation of any of subdivisions (a)(1) through | 18 | | (a)(6) and (a)(8) of this Section, the full retail
value | 19 | | of which does not exceed $2,000 $300 for property other | 20 | | than motor fuel or $150 for motor fuel, is a Class A | 21 | | misdemeanor. A violation of subdivision (a)(7) of this | 22 | | Section is a Class A misdemeanor for a first offense and a | 23 | | Class 4 felony for a second or subsequent offense. Theft | 24 | | by emergency exit of property, the full retail
value of | 25 | | which does not exceed $2,000 $300 , is a Class 4 felony.
| 26 | | (2) A person who has been convicted of retail theft of |
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| 1 | | property under any of subdivisions (a)(1) through (a)(6) | 2 | | and (a)(8) of this Section, the
full retail value of which | 3 | | does not exceed $2,000 $300 for property other than motor | 4 | | fuel or $150 for motor fuel, and who has been
previously | 5 | | convicted of any type of theft, robbery, armed robbery,
| 6 | | burglary, residential burglary, possession of burglary | 7 | | tools, home
invasion, unlawful use of a credit card, or | 8 | | forgery is guilty of a Class 4 felony. A person who has | 9 | | been convicted of theft by emergency exit of property, the
| 10 | | full retail value of which does not exceed $2,000 $300 , | 11 | | and who has been
previously convicted of felony any type | 12 | | of theft , robbery, armed robbery,
burglary, residential | 13 | | burglary, possession of burglary tools, home
invasion, | 14 | | unlawful use of a credit card, or forgery is guilty of a | 15 | | Class 3 felony.
| 16 | | (3) Any retail theft of property under any of | 17 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this | 18 | | Section, the full retail value of
which exceeds $2,000 | 19 | | $300 for property other than motor fuel or $150 for motor | 20 | | fuel in a single transaction, or in separate transactions | 21 | | committed by the same person as part of a continuing | 22 | | course of conduct from one or more mercantile | 23 | | establishments over a period of one year, is a Class 3 | 24 | | felony.
Theft by emergency exit of property, the full | 25 | | retail value of
which exceeds $2,000 $300 in a single | 26 | | transaction, or in separate transactions committed by the |
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| 1 | | same person as part of a continuing course of conduct from | 2 | | one or more mercantile establishments over a period of one | 3 | | year, is a Class 2 felony. When a charge of retail theft of | 4 | | property or theft by emergency exit of property, the full | 5 | | value of which
exceeds $2,000 $300 , is brought, the value | 6 | | of the property involved is an element
of the offense to be | 7 | | resolved by the trier of fact as either exceeding or
not | 8 | | exceeding $2,000 $300 .
| 9 | | (Source: P.A. 97-597, eff. 1-1-12.)
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