Full Text of HB2672 96th General Assembly
HB2672 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2672
Introduced 2/20/2009, by Rep. Susana A Mendoza SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16-1 |
from Ch. 38, par. 16-1 |
720 ILCS 5/16H-60 |
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Amends the Criminal Code of 1961. Provides that theft of property exceeding $1,000,000 in value is a Class X felony. In the Illinois Financial Crime Law, deletes provision that a
financial crime which is loan fraud in connection with a loan secured by
residential real estate is a Class 4 felony. 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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HB2672 |
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LRB096 04568 RLC 14623 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 16H-60 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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HB2672 |
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LRB096 04568 RLC 14623 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,
burglary, residential | 21 |
| burglary, possession of burglary tools, home
invasion, | 22 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 23 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 24 |
| possession of a stolen or
converted motor vehicle, or a | 25 |
| violation of Section 8 of the Illinois Credit
Card and | 26 |
| Debit Card Act is guilty of a Class 4 felony. When a person |
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HB2672 |
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LRB096 04568 RLC 14623 b |
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| has any
such prior
conviction, the information or | 2 |
| indictment charging that person shall state
such prior | 3 |
| conviction so as to give notice of the State's intention to
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| treat the charge as a felony. The fact of such prior | 5 |
| conviction is not an
element of the offense and may not be | 6 |
| disclosed to the jury during trial
unless otherwise | 7 |
| 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 | 10 |
| $300 in value, or
theft of
property exceeding $300 and not | 11 |
| exceeding $10,000 in value, is a
Class 3 felony.
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| (4.1) Theft of property from the person not exceeding | 13 |
| $300 in value, or
theft of property exceeding $300 and not | 14 |
| exceeding $10,000 in value, is a Class
2 felony if the | 15 |
| theft was committed in a school or place of worship or if | 16 |
| the theft was of governmental property.
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| (5) Theft of property exceeding $10,000 and not | 18 |
| exceeding
$100,000 in value is a Class 2 felony.
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| (5.1) Theft of property exceeding $10,000 and not | 20 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 21 |
| theft was committed in a school or place of worship or if | 22 |
| the theft was of governmental property.
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| (6) Theft of property exceeding $100,000 and not | 24 |
| 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 | 26 |
| a Class X felony
if the theft was committed in a school or |
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HB2672 |
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LRB096 04568 RLC 14623 b |
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| place of worship or if the theft was of governmental | 2 |
| property.
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| (6.2) Theft of property exceeding $500,000 and not | 4 |
| exceeding $1,000,000 in value is a Class 1
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| non-probationable
felony.
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| (6.3) Theft of property exceeding $1,000,000 in value | 7 |
| is a Class X felony.
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| (7) Theft by deception, as described by paragraph (2) | 9 |
| of
subsection (a) of
this Section, in which the offender | 10 |
| obtained money or property valued at
$5,000 or more from a | 11 |
| 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 | 13 |
| specified value
is brought, the value of the property involved | 14 |
| is an element of the offense
to be resolved by the trier of | 15 |
| 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 5/16H-60)
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| Sec. 16H-60. Sentence.
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| (a) A financial crime, the full value of which does not | 20 |
| exceed $300, is
a Class A misdemeanor.
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| (b) A person who has been convicted of a financial crime, | 22 |
| the full
value of which does not exceed $300, and who has been | 23 |
| previously
convicted of a financial crime or any type of theft, | 24 |
| robbery, armed robbery,
burglary, residential burglary, | 25 |
| possession of burglary tools, or home
invasion, is guilty of a |
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LRB096 04568 RLC 14623 b |
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| Class 4 felony. When a person has such prior
conviction, the | 2 |
| information or indictment charging that person shall state
such | 3 |
| prior conviction so as to give notice of the State's intention | 4 |
| to treat
the
charge as a felony. The fact of such prior | 5 |
| conviction is not an element of the
offense and may not be | 6 |
| disclosed to the jury during trial unless otherwise
permitted | 7 |
| by issues properly raised during such trial.
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| (c) A financial crime, the full value of which exceeds $300 | 9 |
| but does
not exceed $10,000, is a Class 3 felony. When a charge | 10 |
| of financial crime,
the full value of which exceeds $300 but | 11 |
| does not exceed $10,000, is
brought, the value of the financial | 12 |
| crime involved is an element of the
offense to be resolved by | 13 |
| the trier of fact as either exceeding or not
exceeding $300.
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| (d) A financial crime, the full value of which exceeds | 15 |
| $10,000 but
does not exceed $100,000, is a Class 2 felony. When | 16 |
| a charge of financial
crime, the full value of which exceeds | 17 |
| $10,000 but does not exceed
$100,000, is brought, the value of | 18 |
| the financial crime involved is an element
of the offense to be | 19 |
| resolved by the trier of fact as either exceeding or not
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| exceeding $10,000.
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| (e) A financial crime, the full value of which exceeds | 22 |
| $100,000, is a Class
1 felony.
When a charge of financial | 23 |
| crime, the full value of which exceeds $100,000,
is brought, | 24 |
| the value of the financial crime involved is an element of the
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| offense to be resolved by the trier of fact as either exceeding | 26 |
| or not
exceeding $100,000.
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LRB096 04568 RLC 14623 b |
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| (f) A financial crime which is a financial institution | 2 |
| robbery is a
Class 1 felony.
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| (g) A financial crime which is a continuing financial | 4 |
| crimes
enterprise is a Class 1 felony.
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| (h) A financial crime which is the offense of being an | 6 |
| organizer of a
continuing financial crimes enterprise is a | 7 |
| Class X felony.
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| (i) (Blank). Notwithstanding any other provisions of this | 9 |
| Section, a
financial crime which is loan fraud in connection | 10 |
| with a loan secured by
residential real estate is a Class 4 | 11 |
| felony.
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| (Source: P.A. 93-440, eff. 8-5-03.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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