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91_SB0183
LRB9100564RCksB
1 AN ACT to amend the Criminal Code of 1961 by changing the
2 heading to Article 16E and Sections 16E-1, 16E-2, 16E-3, and
3 16E-4.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Criminal Code of 1961 is amended by
7 changing the heading to Article 16E and Sections 16E-1,
8 16E-2, 16E-3, and 16E-4 as follows:
9 (720 ILCS 5/ART. 16E heading)
10 ARTICLE 16E. DELIVERY CONTAINER AND PALLET CRIME
11 (720 ILCS 5/16E-1) (from Ch. 38, par. 16E-1)
12 Sec. 16E-1. Short title. This Article may be cited as
13 the Delivery Container and Pallet Crime Law.
14 (Source: P.A. 87-613.)
15 (720 ILCS 5/16E-2) (from Ch. 38, par. 16E-2)
16 Sec. 16E-2. Definitions. "Container" means any bakery
17 basket of wire or plastic used to transport or store bread or
18 bakery products, any dairy case of wire or plastic used to
19 transport or store dairy products, and any dolly or cart of 2
20 or 4 wheels used to transport or store any bakery or dairy
21 product. Any person who is the owner of any container upon
22 which a trade mark has been placed or affixed, stamped,
23 impressed, labeled, blown-in or otherwise marked on it, may
24 file with the Secretary of State a written statement or
25 description of the trade mark used on any container in a
26 manner provided in Section 3 of the Registered Container
27 Trade Mark Act.
28 "Merchandise pallet" means a wood or plastic carrier
29 designed and manufactured as an item on which products can be
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1 placed before or during transport to retail outlets,
2 manufacturers, or contractors and affixed with language
3 stating "Property of ....."; "Owned by ....." or other words
4 or markings identifying ownership.
5 "Beverage crate" means a plastic or metal box-like
6 container used by a manufacturer or distributor in the
7 transportation or distribution of individually packaged
8 beverages to retail outlets and affixed with language stating
9 "Property of ....."; "Owned by ....." or other words or
10 markings identifying ownership.
11 (Source: P.A. 87-613.)
12 (720 ILCS 5/16E-3) (from Ch. 38, par. 16E-3)
13 Sec. 16E-3. Offenses. Offense.
14 (a) A person commits the offense of delivery container
15 theft when he or she knowingly does any of the following:
16 (1) Uses for any purpose, when not on the premises
17 of the owner or an adjacent parking area, a container of
18 another person which is marked by a name or mark unless
19 the use is authorized by the owner.
20 (2) Sells, or offers for sale, a container of
21 another person which is marked by a name or mark unless
22 the sale is authorized by the owner.
23 (3) Defaces, obliterates, destroys, covers up or
24 otherwise removes or conceals a name or mark on a
25 container of another person without the written consent
26 of the owner.
27 (4) Removes the container of another person from
28 the premises, parking area or any other area under the
29 control of any processor, distributor or retail
30 establishment, or from any delivery vehicle, without the
31 consent of the owner of the container. Any person who
32 possesses any marked or named container without the
33 consent of the owner and while not on the premises,
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1 parking area or other area under control of a processor,
2 distributor or retail establishment doing business with
3 the owner shall be presumed to have removed the container
4 in violation of this paragraph.
5 (b) Any common carrier or private carrier for hire,
6 except those engaged in transporting bakery or dairy products
7 to and from the places where they are produced, that receives
8 or transports any container marked with a name or mark
9 without having in its possession a bill of lading or invoice
10 for that container commits the offense of delivery container
11 theft.
12 (c) A person commits the offense of pallet theft when he
13 or she knowingly possesses:
14 (1) 10 or more stolen merchandise pallets; or
15 (2) 10 or more stolen beverage crates; or
16 (3) a combination of 10 or more stolen merchandise
17 pallets and beverage crates.
18 (Source: P.A. 87-613.)
19 (720 ILCS 5/16E-4) (from Ch. 38, par. 16E-4)
20 Sec. 16E-4. Sentence.
21 (a) Delivery container theft is a Class B misdemeanor.
22 Pallet theft is a Class B misdemeanor. An offender may be
23 sentenced to pay a fine of $150 for the first offense and
24 $500 for a second or subsequent offense.
25 (b) The owner of containers, merchandise pallets, or
26 beverage crates aggrieved by a violation of Section 16E-3 may
27 maintain a civil cause of action in the circuit court of the
28 county where a violation of Section 16E-3 occurred against a
29 person who commits a violation of Section 16E-3 and may
30 recover treble actual damages, reasonable attorney's fees,
31 and court costs.
32 (Source: P.A. 87-613.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.