Full Text of HB2648 096th General Assembly
HB2648 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2648
Introduced 2/20/2009, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16-1 |
from Ch. 38, par. 16-1 |
720 ILCS 5/16A-10 |
from Ch. 38, par. 16A-10 |
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Amends the Criminal Code of 1961. Provides that an otherwise misdemeanor theft and retail theft are enhanced from a Class A misdemeanor to a Class 4 felony if the person has previously been convicted of vehicular hijacking, aggravated vehicular hijacking, or aggravated robbery. In the case of retail theft the penalty is enhanced to a Class 4 felony if the defendant had been previously convicted of forgery, or a violation of provisions
of the Illinois Vehicle Code relating to the possession of a stolen or
converted motor vehicle. 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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HB2648 |
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LRB096 07932 RLC 18035 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 | 5 |
| Sections 16-1 and 16A-10 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 | 10 |
| property of the
owner; or
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| (2) Obtains by deception control over property of the | 12 |
| owner; or
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| (3) Obtains by threat control over property of the | 14 |
| owner; or
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| (4) Obtains control over stolen property knowing the | 16 |
| property to
have been stolen or under such circumstances as | 17 |
| would
reasonably induce him to believe that the property | 18 |
| was stolen; or
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| (5) Obtains or exerts control over property in the | 20 |
| custody of any law
enforcement agency which is explicitly | 21 |
| represented to him by any law
enforcement officer or any | 22 |
| individual acting in behalf of a law enforcement
agency as | 23 |
| being stolen, and
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HB2648 |
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LRB096 07932 RLC 18035 b |
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| (A) Intends to deprive the owner permanently of the | 2 |
| use or
benefit of the property; or
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| (B) Knowingly uses, conceals or abandons the | 4 |
| property in such
manner as to deprive the owner | 5 |
| permanently of such use or benefit; or
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| (C) Uses, conceals, or abandons the property | 7 |
| knowing such use,
concealment or abandonment probably | 8 |
| will deprive the owner permanently
of such use or | 9 |
| benefit.
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| (b) Sentence.
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| (1) Theft of property not from the person and
not | 12 |
| exceeding $300 in value is a Class A misdemeanor.
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| (1.1) Theft of property not from the person and
not | 14 |
| exceeding $300 in value is a Class 4 felony if the theft | 15 |
| was committed in a
school or place of worship or if the | 16 |
| theft was of governmental property.
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| (2) A person who has been convicted of theft of | 18 |
| property not from the
person and not exceeding
$300 in | 19 |
| value who has been
previously convicted of any type of | 20 |
| theft, robbery, armed robbery,
vehicular hijacking, | 21 |
| aggravated vehicular hijacking, aggravated robbery, | 22 |
| burglary, residential burglary, possession of burglary | 23 |
| tools, home
invasion, forgery, a violation of Section | 24 |
| 4-103, 4-103.1, 4-103.2, or 4-103.3
of the Illinois Vehicle | 25 |
| Code relating to the possession of a stolen or
converted | 26 |
| motor vehicle, or a violation of Section 8 of the Illinois |
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HB2648 |
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LRB096 07932 RLC 18035 b |
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| Credit
Card and Debit Card Act is guilty of a Class 4 | 2 |
| felony. When a person has any
such prior
conviction, the | 3 |
| information or indictment charging that person shall state
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| such prior conviction so as to give notice of the State's | 5 |
| intention to
treat the charge as a felony. The fact of such | 6 |
| prior conviction is not an
element of the offense and may | 7 |
| not be disclosed to the jury during trial
unless otherwise | 8 |
| 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 | 11 |
| $300 in value, or
theft of
property exceeding $300 and not | 12 |
| exceeding $10,000 in value, is a
Class 3 felony.
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| (4.1) Theft of property from the person not exceeding | 14 |
| $300 in value, or
theft of property exceeding $300 and not | 15 |
| exceeding $10,000 in value, is a Class
2 felony if the | 16 |
| theft was committed in a school or place of worship or if | 17 |
| the theft was of governmental property.
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| (5) Theft of property exceeding $10,000 and not | 19 |
| exceeding
$100,000 in value is a Class 2 felony.
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| (5.1) Theft of property exceeding $10,000 and not | 21 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 22 |
| theft was committed in a school or place of worship or if | 23 |
| the theft was of governmental property.
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| (6) Theft of property exceeding $100,000 and not | 25 |
| 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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HB2648 |
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LRB096 07932 RLC 18035 b |
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| a Class X felony
if the theft was committed in a school or | 2 |
| place of worship or if the theft was of governmental | 3 |
| property.
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| (6.2) Theft of property exceeding $500,000 in value is | 5 |
| a Class 1
non-probationable
felony.
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| (7) Theft by deception, as described by paragraph (2) | 7 |
| of
subsection (a) of
this Section, in which the offender | 8 |
| obtained money or property valued at
$5,000 or more from a | 9 |
| 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 | 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.
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| (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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| (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
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| Sec. 16A-10. Sentence. | 17 |
| (1) Retail theft of property, the full retail
value of | 18 |
| which does not exceed $150, is a Class A misdemeanor. Theft by | 19 |
| emergency exit of property, the full retail
value of which does | 20 |
| not exceed $150, is a Class 4 felony.
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| (2) A person who has been convicted of retail theft of | 22 |
| property, the
full retail value of which does not exceed $150, | 23 |
| and who has been
previously convicted of any type of theft, | 24 |
| robbery, armed robbery,
vehicular hijacking, aggravated | 25 |
| vehicular hijacking, aggravated robbery, burglary, residential |
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HB2648 |
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LRB096 07932 RLC 18035 b |
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| burglary, possession of burglary tools , or home
invasion , | 2 |
| forgery, or a violation of Section 4-103, 4-103.1, 4-103.2, or | 3 |
| 4-103.3
of the Illinois Vehicle Code relating to the possession | 4 |
| of a stolen or
converted motor vehicle, is guilty of a Class 4 | 5 |
| felony. A person who has been convicted of theft by emergency | 6 |
| exit of property, the
full retail value of which does not | 7 |
| exceed $150, and who has been
previously convicted of any type | 8 |
| of theft, robbery, armed robbery,
burglary, residential | 9 |
| burglary, possession of burglary tools or home
invasion is | 10 |
| guilty of a Class 3 felony. When a person has any such prior
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| conviction, the information or indictment charging that person | 12 |
| shall state
such prior conviction so as to give notice of the | 13 |
| State's intention to
treat the charge of retail theft as a | 14 |
| felony. The fact of such prior conviction is not an
element of | 15 |
| the offense and may not be disclosed to the jury during trial
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| unless otherwise permitted by issues properly raised during | 17 |
| such trial.
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| (3) Any retail theft of property, the full retail value of
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| which exceeds $150, is a Class 3 felony.
Theft by emergency | 20 |
| exit of property, the full retail value of
which exceeds $150, | 21 |
| is a Class 2 felony. When a charge of retail theft of property | 22 |
| or theft by emergency exit of property, the full value of which
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| exceeds $150, is brought, the value of the property involved is | 24 |
| an element
of the offense to be resolved by the trier of fact | 25 |
| as either exceeding or
not exceeding $150.
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| (Source: P.A. 94-449, eff. 8-4-05.)
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HB2648 |
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LRB096 07932 RLC 18035 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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