Full Text of HB0880 94th General Assembly
HB0880eng 94TH GENERAL ASSEMBLY
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HB0880 Engrossed |
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LRB094 05275 RLC 35318 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 |
| Section 16A-10 and by adding Sections 16A-2.14 and 16A-3.5 as | 6 |
| follows: | 7 |
| (720 ILCS 5/16A-2.14 new) | 8 |
| Sec. 16A-2.14. Retail property fence. "Retail property | 9 |
| fence" means a person or business that buys merchandise knowing | 10 |
| or believing that the merchandise is stolen. | 11 |
| (720 ILCS 5/16A-3.5 new) | 12 |
| Sec. 16A-3.5. Organized retail theft.
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| (a) A person commits the offense of organized retail theft | 14 |
| when he or she either: | 15 |
| (1) with the aid or assistance of another person | 16 |
| commits the offense of retail theft of property, the full | 17 |
| retail value of which exceeds $650 during any 180-day | 18 |
| period and takes or causes that merchandise subject to the | 19 |
| retail theft to be moved to or placed in the control of a | 20 |
| retail property fence with the intent of monetary or other | 21 |
| gain; or | 22 |
| (2) receives, possesses, conceals, stores, barters, | 23 |
| sells, or disposes of with the intent to distribute, any | 24 |
| merchandise that has been taken or stolen in violation of | 25 |
| this Section, with the intent to distribute the proceeds, | 26 |
| or to otherwise promote, manage, carry on, or facilitate a | 27 |
| retail theft or an organized retail theft.
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| (b) It is not a defense to a violation of paragraph (2) of | 29 |
| subsection (a) of this Section that the merchandise was | 30 |
| obtained by means other than through the commission of retail | 31 |
| theft if the merchandise was explicitly represented to the |
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HB0880 Engrossed |
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LRB094 05275 RLC 35318 b |
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| defendant as being obtained through the commission of retail | 2 |
| theft.
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| (c) A person who commits organized retail theft may be | 4 |
| tried in any county in which any act that is an element of the | 5 |
| offense is committed.
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| (d) A person who violates this Section shall forfeit to the | 7 |
| State any proceeds obtained from the sale or disposition of | 8 |
| merchandise obtained in violation of this Section.
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| (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
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| Sec. 16A-10. Sentence. (1) Retail theft of property, the | 11 |
| full retail
value of which does not exceed $150, is a Class A | 12 |
| misdemeanor.
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| (2) A person who has been convicted of retail theft of | 14 |
| property, the
full retail value of which does not exceed $150, | 15 |
| and who has been
previously convicted of any type of theft, | 16 |
| robbery, armed robbery,
burglary, residential burglary, | 17 |
| possession of burglary tools or home
invasion is guilty of a | 18 |
| Class 4 felony. When a person has any such prior
conviction, | 19 |
| the information or indictment charging that person shall state
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| such prior conviction so as to give notice of the State's | 21 |
| intention to
treat the charge as a felony. The fact of such | 22 |
| prior conviction is not an
element of the offense and may not | 23 |
| be disclosed to the jury during trial
unless otherwise | 24 |
| permitted by issues properly raised during 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. Organized retail theft | 27 |
| is a Class 2 felony.
When a charge of retail theft of property, | 28 |
| the full value of which
exceeds $150, is brought, the value of | 29 |
| the property involved is an element
of the offense to be | 30 |
| resolved by the trier of fact as either exceeding or
not | 31 |
| exceeding $150.
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| (Source: P.A. 85-691.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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