Full Text of HB3454 103rd General Assembly
HB3454 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3454 Introduced 2/17/2023, by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16-1 | from Ch. 38, par. 16-1 |
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Amends the Criminal Code of 2012. Provides that theft of a companion animal not exceeding $500 in value is a Class 4 felony. Defines "companion animal".
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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 Section 16-1 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 $500 in value is a Class A misdemeanor.
| 15 | | (1.1) Theft of property not from the person and
not | 16 | | exceeding $500 in value is a Class 4 felony if the theft | 17 | | was committed in a
school or place of worship or if the | 18 | | 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
$500 in | 21 | | value who has been
previously convicted of any type of | 22 | | theft, robbery, armed robbery,
burglary, residential | 23 | | burglary, possession of burglary tools, home
invasion, | 24 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, | 25 | | or 4-103.3
of the Illinois Vehicle Code relating to the | 26 | | possession of a stolen or
converted motor vehicle, or a |
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| 1 | | violation of Section 17-36 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012, or Section 8 of the Illinois | 3 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 4 | | felony.
| 5 | | (3) (Blank).
| 6 | | (3.1) Theft of a companion animal not exceeding $500 | 7 | | in value is a Class 4 felony. As used in this paragraph, | 8 | | "companion animal" has the meaning provided in Section | 9 | | 2.01a of the Humane Care for Animals Act. | 10 | | (4) Theft of property from the person not exceeding | 11 | | $500 in value, or
theft of
property exceeding $500 and not | 12 | | exceeding $10,000 in value, is a
Class 3 felony.
| 13 | | (4.1) Theft of property from the person not exceeding | 14 | | $500 in value, or
theft of property exceeding $500 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.
| 18 | | (5) Theft of property exceeding $10,000 and not | 19 | | exceeding
$100,000 in value is a Class 2 felony.
| 20 | | (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.
| 24 | | (6) Theft of property exceeding $100,000 and not | 25 | | exceeding $500,000 in
value is a Class 1 felony.
| 26 | | (6.1) Theft of property exceeding $100,000 in value is |
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| 1 | | 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.
| 4 | | (6.2) Theft of property exceeding $500,000 and not | 5 | | exceeding $1,000,000 in value is a Class 1
| 6 | | non-probationable
felony.
| 7 | | (6.3) Theft of property exceeding $1,000,000 in value | 8 | | is a Class X felony. | 9 | | (7) Theft by deception, as described by paragraph (2) | 10 | | of
subsection (a) of
this Section, in which the offender | 11 | | obtained money or property valued at
$5,000 or more from a | 12 | | victim 60 years of age or older or a person with a | 13 | | disability is a Class 2 felony.
| 14 | | (8) Theft by deception, as described by paragraph (2) | 15 | | of
subsection (a) of
this Section, in which the offender | 16 | | falsely poses as a landlord or agent or employee of the | 17 | | landlord and obtains a rent payment or a security deposit | 18 | | from a tenant is a Class 3 felony if the rent payment or | 19 | | security deposit obtained does not exceed $500. | 20 | | (9) Theft by deception, as described by paragraph (2) | 21 | | of
subsection (a) of
this Section, in which the offender | 22 | | falsely poses as a landlord or agent or employee of the | 23 | | landlord and obtains a rent payment or a security deposit | 24 | | from a tenant is a Class 2 felony if the rent payment or | 25 | | security deposit obtained exceeds $500 and does not exceed | 26 | | $10,000. |
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| 1 | | (10) Theft by deception, as described by paragraph (2) | 2 | | of
subsection (a) of
this Section, in which the offender | 3 | | falsely poses as a landlord or agent or employee of the | 4 | | landlord and obtains a rent payment or a security deposit | 5 | | from a tenant is a Class 1 felony if the rent payment or | 6 | | security deposit obtained exceeds $10,000 and does not | 7 | | exceed $100,000. | 8 | | (11) Theft by deception, as described by paragraph (2) | 9 | | of
subsection (a) of
this Section, in which the offender | 10 | | falsely poses as a landlord or agent or employee of the | 11 | | landlord and obtains a rent payment or a security deposit | 12 | | from a tenant is a Class X felony if the rent payment or | 13 | | security deposit obtained exceeds $100,000. | 14 | | (c) When a charge of theft of property exceeding a | 15 | | specified value
is brought, the value of the property involved | 16 | | is an element of the offense
to be resolved by the trier of | 17 | | fact as either exceeding or not exceeding
the specified value.
| 18 | | (d) Theft by lessee; permissive inference. The trier of | 19 | | fact may infer evidence that a person intends to deprive the | 20 | | owner permanently of the use or benefit of the property (1) if | 21 | | a
lessee of the personal property of another fails to return it | 22 | | to the
owner within 10 days after written demand from the owner | 23 | | for its
return or (2) if a lessee of the personal property of | 24 | | another fails to return
it to the owner within 24 hours after | 25 | | written demand from the owner for its
return and the lessee had | 26 | | presented identification to the owner that contained
a |
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| 1 | | materially fictitious name, address, or telephone number. A | 2 | | notice in
writing, given after the expiration of the leasing | 3 | | agreement, addressed and
mailed, by registered mail, to the | 4 | | lessee at the address given by him and shown
on the leasing | 5 | | agreement shall constitute proper demand. | 6 | | (e) Permissive inference; evidence of intent that a person | 7 | | obtains by deception control over property. The trier of fact | 8 | | may infer that a person
"knowingly obtains by deception | 9 | | control over property of the owner" when he or she
fails to | 10 | | return, within 45 days after written demand from the owner, | 11 | | the
downpayment and any additional payments accepted under a | 12 | | promise, oral or
in writing, to perform services for the owner | 13 | | for consideration of $3,000
or more, and the promisor | 14 | | knowingly without good cause failed to
substantially perform | 15 | | pursuant to the agreement after taking a down payment
of 10% or | 16 | | more of the agreed upon consideration.
This provision shall | 17 | | not apply where the owner initiated the suspension of
| 18 | | performance under the agreement, or where the promisor | 19 | | responds to the
notice within the 45-day notice period. A | 20 | | notice in writing, addressed and
mailed, by registered mail, | 21 | | to the promisor at the last known address of
the promisor, | 22 | | shall constitute proper demand. | 23 | | (f) Offender's interest in the property. | 24 | | (1) It is no defense to a charge of theft of property | 25 | | that the offender
has an interest therein, when the owner | 26 | | also has an interest to which the
offender is not |
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| 1 | | entitled. | 2 | | (2) Where the property involved is that of the | 3 | | offender's spouse, no
prosecution for theft may be | 4 | | maintained unless the parties were not living
together as | 5 | | man and wife and were living in separate abodes at the time | 6 | | of
the alleged theft. | 7 | | (Source: P.A. 101-394, eff. 1-1-20 .)
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