Full Text of HB5486 97th General Assembly
HB5486eng 97TH GENERAL ASSEMBLY |
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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 1961 is amended by changing | 5 | | 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 as | 17 | | 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 a | 22 | | law enforcement agency explicitly represents to the person | 23 | | 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 the | 4 | | 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, or | 25 | | 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 | | Section 8 of the Illinois Credit
Card and Debit Card Act is | 3 | | guilty of a Class 4 felony.
| 4 | | (3) (Blank).
| 5 | | (4) Theft of property from the person not exceeding | 6 | | $500 in value, or
theft of
property exceeding $500 and not | 7 | | exceeding $10,000 in value, is a
Class 3 felony.
| 8 | | (4.1) Theft of property from the person not exceeding | 9 | | $500 in value, or
theft of property exceeding $500 and not | 10 | | exceeding $10,000 in value, is a Class
2 felony if the | 11 | | theft was committed in a school or place of worship or if | 12 | | the theft was of governmental property.
| 13 | | (5) Theft of property exceeding $10,000 and not | 14 | | exceeding
$100,000 in value is a Class 2 felony.
| 15 | | (5.1) Theft of property exceeding $10,000 and not | 16 | | exceeding $100,000 in
value is a Class 1 felony
if the | 17 | | theft was committed in a school or place of worship or if | 18 | | the theft was of governmental property.
| 19 | | (6) Theft of property exceeding $100,000 and not | 20 | | exceeding $500,000 in
value is a Class 1 felony.
| 21 | | (6.1) Theft of property exceeding $100,000 in value is | 22 | | a Class X felony
if the theft was committed in a school or | 23 | | place of worship or if the theft was of governmental | 24 | | property.
| 25 | | (6.2) Theft of property exceeding $500,000 and not | 26 | | exceeding $1,000,000 in value is a Class 1
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| 1 | | non-probationable
felony.
| 2 | | (6.3) Theft of property exceeding $1,000,000 in value | 3 | | is a Class X felony.
| 4 | | (7) Theft by deception or theft by threat , as described | 5 | | by paragraph (2) or (3) of
subsection (a) of
this Section, | 6 | | in which the offender obtained money or property valued at
| 7 | | $5,000 or more from a victim 60 years of age or older is a | 8 | | Class 2 felony.
| 9 | | (8) Theft by deception, as described by paragraph (2) | 10 | | of
subsection (a) of
this Section, in which the offender | 11 | | falsely poses as a landlord or agent or employee of the | 12 | | landlord and obtains a rent payment or a security deposit | 13 | | from a tenant is a Class 3 felony if the rent payment or | 14 | | security deposit obtained does not exceed $500. | 15 | | (9) Theft by deception, as described by paragraph (2) | 16 | | of
subsection (a) of
this Section, in which the offender | 17 | | falsely poses as a landlord or agent or employee of the | 18 | | landlord and obtains a rent payment or a security deposit | 19 | | from a tenant is a Class 2 felony if the rent payment or | 20 | | security deposit obtained exceeds $500 and does not exceed | 21 | | $10,000. | 22 | | (10) Theft by deception, as described by paragraph (2) | 23 | | of
subsection (a) of
this Section, in which the offender | 24 | | falsely poses as a landlord or agent or employee of the | 25 | | landlord and obtains a rent payment or a security deposit | 26 | | from a tenant is a Class 1 felony if the rent payment or |
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| 1 | | security deposit obtained exceeds $10,000 and does not | 2 | | exceed $100,000. | 3 | | (11) Theft by deception, as described by paragraph (2) | 4 | | of
subsection (a) of
this Section, in which the offender | 5 | | falsely poses as a landlord or agent or employee of the | 6 | | landlord and obtains a rent payment or a security deposit | 7 | | from a tenant is a Class X felony if the rent payment or | 8 | | security deposit obtained exceeds $100,000. | 9 | | (c) When a charge of theft of property exceeding a | 10 | | specified value
is brought, the value of the property involved | 11 | | is an element of the offense
to be resolved by the trier of | 12 | | fact as either exceeding or not exceeding
the specified value.
| 13 | | (d) Theft by lessee; permissive inference. The trier of | 14 | | fact may infer evidence that a person intends to deprive the | 15 | | owner permanently of the use or benefit of the property (1) if | 16 | | a
lessee of the personal property of another fails to return it | 17 | | to the
owner within 10 days after written demand from the owner | 18 | | for its
return or (2) if a lessee of the personal property of | 19 | | another fails to return
it to the owner within 24 hours after | 20 | | written demand from the owner for its
return and the lessee had | 21 | | presented identification to the owner that contained
a | 22 | | materially fictitious name, address, or telephone number. A | 23 | | notice in
writing, given after the expiration of the leasing | 24 | | agreement, addressed and
mailed, by registered mail, to the | 25 | | lessee at the address given by him and shown
on the leasing | 26 | | agreement shall constitute proper demand. |
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| 1 | | (e) Permissive inference; evidence of intent that a person | 2 | | obtains by deception control over property. The trier of fact | 3 | | may infer that a person
"knowingly obtains by deception control | 4 | | over property of the owner" when he or she
fails to return, | 5 | | within 45 days after written demand from the owner, the
| 6 | | downpayment and any additional payments accepted under a | 7 | | promise, oral or
in writing, to perform services for the owner | 8 | | for consideration of $3,000
or more, and the promisor knowingly | 9 | | without good cause failed to
substantially perform pursuant to | 10 | | the agreement after taking a down payment
of 10% or more of the | 11 | | agreed upon consideration.
This provision shall not apply where | 12 | | the owner initiated the suspension of
performance under the | 13 | | agreement, or where the promisor responds to the
notice within | 14 | | the 45-day notice period. A notice in writing, addressed and
| 15 | | mailed, by registered mail, to the promisor at the last known | 16 | | address of
the promisor, shall constitute proper demand. | 17 | | (f) Offender's interest in the property. | 18 | | (1) It is no defense to a charge of theft of property | 19 | | that the offender
has an interest therein, when the owner | 20 | | also has an interest to which the
offender is not entitled. | 21 | | (2) Where the property involved is that of the | 22 | | offender's spouse, no
prosecution for theft may be | 23 | | maintained unless the parties were not living
together as | 24 | | man and wife and were living in separate abodes at the time | 25 | | of
the alleged theft. | 26 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; |
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| 1 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 2 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12.)
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