Full Text of HB4379 098th General Assembly
HB4379 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4379 Introduced , by Rep. Christian L. Mitchell SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Increases the threshold amounts for enhanced penalties for retail theft (from over $300 to over $500).
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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 changing | 5 | | Section 16-25 as follows: | 6 | | (720 ILCS 5/16-25) | 7 | | Sec. 16-25. Retail theft. | 8 | | (a) A person commits retail theft when he or she knowingly:
| 9 | | (1) Takes possession of, carries away, transfers or | 10 | | causes to be
carried away or transferred any merchandise | 11 | | displayed, held, stored or
offered for sale in a retail | 12 | | mercantile establishment with the intention
of retaining | 13 | | such merchandise or with the intention of depriving the
| 14 | | merchant permanently of the possession, use or benefit of | 15 | | such
merchandise without paying the full retail value of | 16 | | such merchandise; or
| 17 | | (2) Alters, transfers, or removes any label, price tag, | 18 | | marking,
indicia of value or any other markings which aid | 19 | | in determining value
affixed to any merchandise displayed, | 20 | | held, stored or offered for sale
in a retail mercantile | 21 | | establishment and attempts to purchase such
merchandise at | 22 | | less than the full
retail value with the intention of | 23 | | depriving the merchant of the full
retail value of such |
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| 1 | | merchandise; or
| 2 | | (3) Transfers any merchandise displayed, held, stored | 3 | | or offered for
sale in a retail mercantile establishment | 4 | | from the container in or on
which such merchandise is | 5 | | displayed to any other container with the
intention of | 6 | | depriving the merchant of the full retail value of such
| 7 | | merchandise; or
| 8 | | (4) Under-rings with the intention of depriving the | 9 | | merchant of the
full retail value of the merchandise; or
| 10 | | (5) Removes a shopping cart from the premises of a | 11 | | retail mercantile
establishment without the consent of the | 12 | | merchant given at the time of
such removal with the | 13 | | intention of depriving the merchant permanently of
the | 14 | | possession, use or benefit of such cart; or
| 15 | | (6) Represents to a merchant that he, she, or another | 16 | | is the lawful owner
of property, knowing that such | 17 | | representation is false, and conveys or attempts
to convey | 18 | | that property to a merchant who is the owner of the | 19 | | property in
exchange for money, merchandise credit or other | 20 | | property of the merchant; or
| 21 | | (7) Uses or possesses any theft detection shielding | 22 | | device or theft
detection device remover with the intention | 23 | | of using such device to deprive
the merchant permanently of | 24 | | the possession, use or benefit of any
merchandise | 25 | | displayed, held, stored or offered for sale in a retail
| 26 | | mercantile establishment without paying the full retail |
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| 1 | | value of such
merchandise; or
| 2 | | (8) Obtains or exerts unauthorized control over | 3 | | property of the owner
and thereby intends to deprive the | 4 | | owner permanently of the use or benefit
of the property | 5 | | when a lessee of the personal property of another fails to
| 6 | | return it to the owner, or if the lessee fails to pay the | 7 | | full retail value
of such property to the lessor in | 8 | | satisfaction of any contractual provision
requiring such, | 9 | | within 10 days after written demand from the owner for its
| 10 | | return. A notice in writing, given after the expiration of | 11 | | the leasing
agreement, by registered mail, to the lessee at | 12 | | the address given by the
lessee and shown on the leasing | 13 | | agreement shall constitute proper demand. | 14 | | (b) Theft by emergency exit. A person commits theft by | 15 | | emergency exit when he or she commits a retail theft as defined | 16 | | in subdivisions (a)(1) through (a)(8) of this Section and to | 17 | | facilitate the theft he or she leaves the retail mercantile | 18 | | establishment by use of a designated emergency exit. | 19 | | (c) Permissive inference. If any person:
| 20 | | (1) conceals upon his or her person or among his or her | 21 | | belongings unpurchased
merchandise displayed, held, stored | 22 | | or offered for sale in a retail
mercantile establishment; | 23 | | and
| 24 | | (2) removes that merchandise beyond the last known | 25 | | station for
receiving payments for that merchandise in that | 26 | | retail mercantile
establishment, |
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| 1 | | then the trier of fact may infer that the person possessed, | 2 | | carried
away or transferred such merchandise with the intention | 3 | | of retaining it
or with the intention of depriving the merchant | 4 | | permanently of the
possession, use or benefit of such | 5 | | merchandise without paying the full
retail value of such | 6 | | merchandise. | 7 | | To "conceal" merchandise means that, although there may be | 8 | | some notice of its presence, that merchandise is not visible | 9 | | through ordinary observation. | 10 | | (d) Venue. Multiple thefts committed by the same person as | 11 | | part of a continuing course of conduct in different | 12 | | jurisdictions that have been aggregated in one jurisdiction may | 13 | | be prosecuted in any jurisdiction in which one or more of the | 14 | | thefts occurred. | 15 | | (e) For the purposes of this Section, "theft detection | 16 | | shielding device" means any laminated or coated bag or device | 17 | | designed and intended to shield merchandise from detection by | 18 | | an electronic or magnetic theft alarm sensor. | 19 | | (f) Sentence. | 20 | | (1) A violation of any of subdivisions (a)(1) through | 21 | | (a)(6) and (a)(8) of this Section, the full retail
value of | 22 | | which does not exceed $500 $300 for property other than | 23 | | motor fuel or $150 for motor fuel, is a Class A | 24 | | misdemeanor. A violation of subdivision (a)(7) of this | 25 | | Section is a Class A misdemeanor for a first offense and a | 26 | | Class 4 felony for a second or subsequent offense. Theft by |
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| 1 | | emergency exit of property, the full retail
value of which | 2 | | does not exceed $500 $300 , is a Class 4 felony.
| 3 | | (2) A person who has been convicted of retail theft of | 4 | | property under any of subdivisions (a)(1) through (a)(6) | 5 | | and (a)(8) of this Section, the
full retail value of which | 6 | | does not exceed $500 $300 for property other than motor | 7 | | fuel or $150 for motor fuel, and who has 2 or more prior | 8 | | convictions been
previously convicted of any type of theft, | 9 | | robbery, armed robbery,
burglary, residential burglary, | 10 | | possession of burglary tools, home
invasion, unlawful use | 11 | | of a credit card, or forgery is guilty of a Class 4 felony. | 12 | | A person who has been convicted of theft by emergency exit | 13 | | of property, the
full retail value of which does not exceed | 14 | | $500 $300 , and who has 2 or more prior convictions been
| 15 | | previously convicted of any type of theft, robbery, armed | 16 | | robbery,
burglary, residential burglary, possession of | 17 | | burglary tools, home
invasion, unlawful use of a credit | 18 | | card, or forgery is guilty of a Class 3 felony.
| 19 | | (3) Any retail theft of property under any of | 20 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this | 21 | | Section, the full retail value of
which exceeds $500 $300 | 22 | | for property other than motor fuel or $150 for motor fuel | 23 | | in a single transaction, or in separate transactions | 24 | | committed by the same person as part of a continuing course | 25 | | of conduct from one or more mercantile establishments over | 26 | | a period of one year, is a Class 3 felony.
Theft by |
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| 1 | | emergency exit of property, the full retail value of
which | 2 | | exceeds $500 $300 in a single transaction, or in separate | 3 | | transactions committed by the same person as part of a | 4 | | continuing course of conduct from one or more mercantile | 5 | | establishments over a period of one year, is a Class 2 | 6 | | felony. When a charge of retail theft of property or theft | 7 | | by emergency exit of property, the full value of which
| 8 | | exceeds $500 $300 , is brought, the value of the property | 9 | | involved is an element
of the offense to be resolved by the | 10 | | trier of fact as either exceeding or
not exceeding $500 | 11 | | $300 .
| 12 | | (Source: P.A. 97-597, eff. 1-1-12.)
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