Full Text of HB5085 102nd General Assembly
HB5085 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5085 Introduced 1/27/2022, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/1-118 | from Ch. 95 1/2, par. 1-118 | 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | 720 ILCS 5/21-1 | from Ch. 38, par. 21-1 |
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Amends the Illinois Vehicle Code. Includes catalytic converters as an essential part of a vehicle. Amends the Criminal Code of 2012. Provides that theft of property not from the person and not
exceeding $500 in value is a Class 4 felony if the theft was of
a catalytic converter and the value of the catalytic
converter does not exceed $500 in value. Provides that theft of property exceeding $500 and not
exceeding $10,000 in value is a Class 2 felony if the theft
was of a catalytic converter and the value of the
catalytic converter exceeds $500 in value. Provides that a person commits criminal damage to property when he or she knowingly damages a vehicle of another with
intent to take a catalytic converter. Provides that it is an affirmative defense to a violation that the owner of the property damaged consented to the damage. Provides that a violation is a Class 4 felony when the damage to property does not exceed $500 and is a Class 2 felony when the damage to property exceeds $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 Illinois Vehicle Code is amended by | 5 | | changing Section 1-118 as follows:
| 6 | | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
| 7 | | Sec. 1-118. Essential parts. All integral and body parts | 8 | | of a vehicle
of a type required to be registered hereunder, the | 9 | | removal, alteration or
substitution of which would tend to | 10 | | conceal the identity of the vehicle or
substantially alter its | 11 | | appearance, model, type or mode of operation.
"Essential | 12 | | parts" includes the following: vehicle hulks, shells, chassis,
| 13 | | frames, front end assemblies (which may consist of headlight, | 14 | | grill,
fenders and hood), front clip (front end assembly with | 15 | | cowl attached), rear
clip (which may consist of quarter | 16 | | panels, fenders, floor and top), doors,
hatchbacks, fenders, | 17 | | cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed, | 18 | | front bumper, rear bumper,
transmissions, catalytic | 19 | | converters, seats, engines, and similar parts. "Essential | 20 | | parts"
also includes fairings, fuel tanks, and forks of | 21 | | motorcycles. "Essential parts" shall also include stereo | 22 | | radios.
| 23 | | An essential part which does not have affixed to it an |
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| 1 | | identification
number as defined in Section 1-129 adopts the | 2 | | identification number of the
vehicle to which such part is | 3 | | affixed, installed or mounted.
| 4 | | "Essential parts" does not include an engine, | 5 | | transmission, or a rear axle that is used in a glider kit. | 6 | | (Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17; | 7 | | 100-863, eff. 8-14-18.)
| 8 | | Section 10. The Criminal Code of 2012 is amended by | 9 | | changing Sections 16-1 and 21-1 as follows:
| 10 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 11 | | Sec. 16-1. Theft.
| 12 | | (a) A person commits theft when he or she knowingly:
| 13 | | (1) Obtains or exerts unauthorized control over | 14 | | property of the
owner; or
| 15 | | (2) Obtains by deception control over property of the | 16 | | owner; or
| 17 | | (3) Obtains by threat control over property of the | 18 | | owner; or
| 19 | | (4) Obtains control over stolen property knowing the | 20 | | property to
have been stolen or under such circumstances | 21 | | as would
reasonably induce him or her to believe that the | 22 | | property was stolen; or
| 23 | | (5) Obtains or exerts control over property in the | 24 | | custody of any law
enforcement agency which any law |
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| 1 | | enforcement officer or any individual acting in behalf of | 2 | | a law enforcement agency explicitly represents to the | 3 | | person as being stolen or represents to the person such | 4 | | circumstances as would reasonably induce the person to | 5 | | believe that the property was stolen, and
| 6 | | (A) Intends to deprive the owner permanently of | 7 | | the use or
benefit of the property; or
| 8 | | (B) Knowingly uses, conceals or abandons the | 9 | | property in such
manner as to deprive the owner | 10 | | permanently of such use or benefit; or
| 11 | | (C) Uses, conceals, or abandons the property | 12 | | knowing such use,
concealment or abandonment probably | 13 | | will deprive the owner permanently
of such use or | 14 | | benefit.
| 15 | | (b) Sentence.
| 16 | | (1) Theft of property not from the person and
not | 17 | | exceeding $500 in value is a Class A misdemeanor.
| 18 | | (1.1) Theft of property not from the person and
not | 19 | | exceeding $500 in value is a Class 4 felony if the theft | 20 | | was committed in a
school or place of worship , or if the | 21 | | theft was of governmental property , or if the theft was of | 22 | | a catalytic converter and the value of the catalytic | 23 | | converter does not exceed $500 in value .
| 24 | | (2) A person who has been convicted of theft of | 25 | | property not from the
person and not exceeding
$500 in | 26 | | value who has been
previously convicted of any type of |
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| 1 | | theft, robbery, armed robbery,
burglary, residential | 2 | | burglary, possession of burglary tools, home
invasion, | 3 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, | 4 | | or 4-103.3
of the Illinois Vehicle Code relating to the | 5 | | possession of a stolen or
converted motor vehicle, or a | 6 | | violation of Section 17-36 of the Criminal Code of 1961 or | 7 | | the Criminal Code of 2012, or Section 8 of the Illinois | 8 | | Credit
Card and Debit Card Act is guilty of a Class 4 | 9 | | felony.
| 10 | | (3) (Blank).
| 11 | | (4) Theft of property from the person not exceeding | 12 | | $500 in value, or
theft of
property exceeding $500 and not | 13 | | exceeding $10,000 in value, is a
Class 3 felony.
| 14 | | (4.1) Theft of property from the person not exceeding | 15 | | $500 in value, or
theft of property exceeding $500 and not | 16 | | exceeding $10,000 in value, is a Class
2 felony if the | 17 | | theft was committed in a school or place of worship , or if | 18 | | the theft was of governmental property , or if the theft | 19 | | was of a catalytic converter and the value of the | 20 | | catalytic converter exceeds $500 in value .
| 21 | | (5) Theft of property exceeding $10,000 and not | 22 | | exceeding
$100,000 in value is a Class 2 felony.
| 23 | | (5.1) Theft of property exceeding $10,000 and not | 24 | | exceeding $100,000 in
value is a Class 1 felony
if the | 25 | | theft was committed in a school or place of worship or if | 26 | | the theft was of governmental property.
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| 1 | | (6) Theft of property exceeding $100,000 and not | 2 | | exceeding $500,000 in
value is a Class 1 felony.
| 3 | | (6.1) Theft of property exceeding $100,000 in value is | 4 | | a Class X felony
if the theft was committed in a school or | 5 | | place of worship or if the theft was of governmental | 6 | | property.
| 7 | | (6.2) Theft of property exceeding $500,000 and not | 8 | | exceeding $1,000,000 in value is a Class 1
| 9 | | non-probationable
felony.
| 10 | | (6.3) Theft of property exceeding $1,000,000 in value | 11 | | is a Class X felony. | 12 | | (7) Theft by deception, as described by paragraph (2) | 13 | | of
subsection (a) of
this Section, in which the offender | 14 | | obtained money or property valued at
$5,000 or more from a | 15 | | victim 60 years of age or older or a person with a | 16 | | disability is a Class 2 felony.
| 17 | | (8) Theft by deception, as described by paragraph (2) | 18 | | of
subsection (a) of
this Section, in which the offender | 19 | | falsely poses as a landlord or agent or employee of the | 20 | | landlord and obtains a rent payment or a security deposit | 21 | | from a tenant is a Class 3 felony if the rent payment or | 22 | | security deposit obtained does not exceed $500. | 23 | | (9) 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 2 felony if the rent payment or | 2 | | security deposit obtained exceeds $500 and does not exceed | 3 | | $10,000. | 4 | | (10) 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 1 felony if the rent payment or | 9 | | security deposit obtained exceeds $10,000 and does not | 10 | | exceed $100,000. | 11 | | (11) Theft by deception, as described by paragraph (2) | 12 | | of
subsection (a) of
this Section, in which the offender | 13 | | falsely poses as a landlord or agent or employee of the | 14 | | landlord and obtains a rent payment or a security deposit | 15 | | from a tenant is a Class X felony if the rent payment or | 16 | | security deposit obtained exceeds $100,000. | 17 | | (c) When a charge of theft of property exceeding a | 18 | | specified value
is brought, the value of the property involved | 19 | | is an element of the offense
to be resolved by the trier of | 20 | | fact as either exceeding or not exceeding
the specified value.
| 21 | | (d) Theft by lessee; permissive inference. The trier of | 22 | | fact may infer evidence that a person intends to deprive the | 23 | | owner permanently of the use or benefit of the property (1) if | 24 | | a
lessee of the personal property of another fails to return it | 25 | | to the
owner within 10 days after written demand from the owner | 26 | | for its
return or (2) if a lessee of the personal property of |
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| 1 | | another fails to return
it to the owner within 24 hours after | 2 | | written demand from the owner for its
return and the lessee had | 3 | | presented identification to the owner that contained
a | 4 | | materially fictitious name, address, or telephone number. A | 5 | | notice in
writing, given after the expiration of the leasing | 6 | | agreement, addressed and
mailed, by registered mail, to the | 7 | | lessee at the address given by him and shown
on the leasing | 8 | | agreement shall constitute proper demand. | 9 | | (e) Permissive inference; evidence of intent that a person | 10 | | obtains by deception control over property. The trier of fact | 11 | | may infer that a person
"knowingly obtains by deception | 12 | | control over property of the owner" when he or she
fails to | 13 | | return, within 45 days after written demand from the owner, | 14 | | the
downpayment and any additional payments accepted under a | 15 | | promise, oral or
in writing, to perform services for the owner | 16 | | for consideration of $3,000
or more, and the promisor | 17 | | knowingly without good cause failed to
substantially perform | 18 | | pursuant to the agreement after taking a down payment
of 10% or | 19 | | more of the agreed upon consideration.
This provision shall | 20 | | not apply where the owner initiated the suspension of
| 21 | | performance under the agreement, or where the promisor | 22 | | responds to the
notice within the 45-day notice period. A | 23 | | notice in writing, addressed and
mailed, by registered mail, | 24 | | to the promisor at the last known address of
the promisor, | 25 | | shall constitute proper demand. | 26 | | (f) Offender's interest in the property. |
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| 1 | | (1) It is no defense to a charge of theft of property | 2 | | that the offender
has an interest therein, when the owner | 3 | | also has an interest to which the
offender is not | 4 | | entitled. | 5 | | (2) Where the property involved is that of the | 6 | | offender's spouse, no
prosecution for theft may be | 7 | | maintained unless the parties were not living
together as | 8 | | man and wife and were living in separate abodes at the time | 9 | | of
the alleged theft. | 10 | | (Source: P.A. 101-394, eff. 1-1-20 .) | 11 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 12 | | Sec. 21-1. Criminal damage to property.
| 13 | | (a) A person commits criminal damage to property when he | 14 | | or she:
| 15 | | (1) knowingly damages any property of another;
| 16 | | (2) recklessly by means of fire or explosive damages | 17 | | property of
another;
| 18 | | (3) knowingly starts a fire on the land of another;
| 19 | | (4) knowingly injures a domestic animal of another | 20 | | without his
or her consent;
| 21 | | (5) knowingly deposits on the land or in the building | 22 | | of another any stink bomb or any offensive smelling | 23 | | compound
and thereby intends to interfere with the use by | 24 | | another of the land or
building;
| 25 | | (6) knowingly damages any property, other than as |
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| 1 | | described in paragraph (2) of subsection (a) of
Section | 2 | | 20-1, with intent to defraud an insurer;
| 3 | | (7) knowingly shoots a firearm at any portion of a | 4 | | railroad train; | 5 | | (8) knowingly, without proper authorization, cuts, | 6 | | injures, damages, defaces, destroys, or tampers with any | 7 | | fire hydrant or any public or private fire fighting | 8 | | equipment, or any apparatus appertaining to fire fighting | 9 | | equipment; or | 10 | | (9) intentionally, without proper authorization, opens | 11 | | any fire hydrant ; or . | 12 | | (10) knowingly damages a vehicle of another with | 13 | | intent to take a catalytic converter.
| 14 | | (b) When the charge of criminal damage to property | 15 | | exceeding a specified
value is brought, the extent of the | 16 | | damage is an element of the offense to
be resolved by the trier | 17 | | of fact as either exceeding or not exceeding
the specified | 18 | | value.
| 19 | | (c) It is an affirmative defense to a violation of | 20 | | paragraph (1), (3), or (5) , or (10) of subsection (a) of this | 21 | | Section that the owner of the property or land damaged | 22 | | consented to the damage.
| 23 | | (d) Sentence. | 24 | | (1) A violation of subsection (a) shall have the | 25 | | following penalties: | 26 | | (A) A violation of paragraph (8) or (9) is a Class |
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| 1 | | B misdemeanor. | 2 | | (B) A violation of paragraph (1), (2), (3), (5), | 3 | | or (6) is a Class
A misdemeanor when the damage to | 4 | | property does not exceed $500. | 5 | | (C) A violation of paragraph (1), (2), (3), (5), | 6 | | or (6) is a Class 4
felony when the damage to
property | 7 | | does not exceed $500 and the damage occurs to property | 8 | | of a school
or
place of worship or to farm equipment or | 9 | | immovable items of agricultural
production, including
| 10 | | but not
limited to grain elevators, grain bins, and | 11 | | barns or property which memorializes or honors an | 12 | | individual or group of police officers, fire fighters, | 13 | | members of the United States Armed Forces, National | 14 | | Guard, or veterans. | 15 | | (D) A violation of paragraph (4) is a Class 4
| 16 | | felony when the
damage to property does not exceed | 17 | | $10,000. | 18 | | (E) A violation of paragraph (7) is a Class 4 | 19 | | felony. | 20 | | (F) A violation of paragraph (1), (2), (3), (5) or | 21 | | (6) is a Class 4 felony when the damage to property
| 22 | | exceeds $500 but does not exceed $10,000. | 23 | | (G) A violation of paragraphs (1) through (6) is a | 24 | | Class 3 felony when the damage to property exceeds | 25 | | $500 but
does not exceed $10,000 and the damage occurs | 26 | | to property of a school
or place
of worship or to farm |
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| 1 | | equipment or immovable items of agricultural
| 2 | | production,
including
but not
limited to grain | 3 | | elevators, grain bins, and barns or property which | 4 | | memorializes or honors an individual or group of | 5 | | police officers, fire fighters, members of the United | 6 | | States Armed Forces, National Guard, or veterans. | 7 | | (H) A violation of paragraphs (1) through (6) is a | 8 | | Class 3 felony when the damage to property
exceeds | 9 | | $10,000 but does not exceed $100,000. | 10 | | (I) A violation of paragraphs (1) through (6) is a | 11 | | Class 2 felony when the damage to property exceeds | 12 | | $10,000
but does not exceed $100,000 and the damage | 13 | | occurs to property of a school
or
place of worship or | 14 | | to farm equipment or immovable items
of agricultural | 15 | | production, including
but not
limited to grain | 16 | | elevators, grain bins, and barns or property which | 17 | | memorializes or honors an individual or group of | 18 | | police officers, fire fighters, members of the United | 19 | | States Armed Forces, National Guard, or veterans. | 20 | | (J) A violation of paragraphs (1) through (6) is a | 21 | | Class 2 felony when the damage to property exceeds
| 22 | | $100,000. A violation of paragraphs (1) through (6) is | 23 | | a Class 1 felony when the damage to property exceeds | 24 | | $100,000 and the damage occurs to property of
a school | 25 | | or place of worship or to farm equipment or immovable | 26 | | items
of agricultural production, including
but not
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| 1 | | limited to grain elevators, grain bins, and barns or | 2 | | property which memorializes or honors an individual or | 3 | | group of police officers, fire fighters, members of | 4 | | the United States Armed Forces, National Guard, or | 5 | | veterans. | 6 | | (K) A violation of paragraph (10) of subsection | 7 | | (a) is a Class 4 felony when the damage to property | 8 | | does not exceed $500. | 9 | | (L) A violation of paragraph (10) of subsection | 10 | | (a) is a Class 2 felony when the damage to property | 11 | | exceeds $500. | 12 | | (2) When the damage to property exceeds $10,000,
the
| 13 | | court shall impose
upon the offender a fine equal to the | 14 | | value of the damages to the property.
| 15 | | (3) In addition to any other sentence that may be | 16 | | imposed, a court shall
order any person convicted of | 17 | | criminal damage to property to perform community
service | 18 | | for not less than 30 and not more than 120 hours, if | 19 | | community service
is available in the jurisdiction
and is | 20 | | funded and approved by the county board of the county | 21 | | where the
offense was committed.
In addition, whenever any | 22 | | person is placed
on supervision for an alleged offense | 23 | | under this Section, the supervision shall
be conditioned | 24 | | upon the performance of the community service.
| 25 | | The community service requirement does not apply when | 26 | | the court imposes a sentence of
incarceration.
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| 1 | | (4) In addition to any criminal penalties imposed for | 2 | | a violation of this Section, if a person is convicted of or | 3 | | placed on supervision for knowingly damaging or destroying | 4 | | crops of another, including crops intended for personal, | 5 | | commercial, research, or developmental purposes, the | 6 | | person is liable in a civil action to the owner of any | 7 | | crops damaged or destroyed for money damages up to twice | 8 | | the market value of the crops damaged or destroyed. | 9 | | (5) For the purposes of this subsection (d), "farm | 10 | | equipment" means machinery
or
other equipment used in | 11 | | farming. | 12 | | (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
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