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92_HB3075
LRB9207308ARsb
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
5 changing 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 knowingly:
9 (1) Obtains or exerts unauthorized control over
10 property of the owner; or
11 (2) Obtains by deception control over property of
12 the owner; or
13 (3) Obtains by threat control over property of the
14 owner; or
15 (4) Obtains control over stolen property knowing
16 the property to have been stolen or under such
17 circumstances as would reasonably induce him to believe
18 that the property was stolen; or
19 (5) Obtains or exerts control over property in the
20 custody of any law enforcement agency which is explicitly
21 represented to him by any law enforcement officer or any
22 individual acting in behalf of a law enforcement agency
23 as being stolen, and
24 (A) Intends to deprive the owner permanently
25 of the use or benefit of the property; or
26 (B) Knowingly uses, conceals or abandons the
27 property in such manner as to deprive the owner
28 permanently of such use or benefit; or
29 (C) Uses, conceals, or abandons the property
30 knowing such use, concealment or abandonment
31 probably will deprive the owner permanently of such
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1 use or benefit.
2 (b) Sentence.
3 (1) Theft of property not from the person and not
4 exceeding $300 in value is a Class A misdemeanor.
5 (1.1) Theft of property, other than a firearm, not
6 from the person and not exceeding $300 in value is a
7 Class 4 felony if the theft was committed in a school or
8 place of worship.
9 (2) A person who has been convicted of theft of
10 property not from the person and not exceeding $300 in
11 value who has been previously convicted of any type of
12 theft, robbery, armed robbery, burglary, residential
13 burglary, possession of burglary tools, home invasion,
14 forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
15 or 4-103.3 of the Illinois Vehicle Code relating to the
16 possession of a stolen or converted motor vehicle, or a
17 violation of Section 8 of the Illinois Credit Card and
18 Debit Card Act is guilty of a Class 4 felony. When a
19 person has any such prior conviction, the information or
20 indictment charging that person shall state such prior
21 conviction so as to give notice of the State's intention
22 to treat the charge as a felony. The fact of such prior
23 conviction is not an element of the offense and may not
24 be disclosed to the jury during trial unless otherwise
25 permitted by issues properly raised during such trial.
26 (3) (Blank).
27 (4) Theft of property from the person not exceeding
28 $300 in value, or theft of property exceeding $300 and
29 not exceeding $10,000 in value, is a Class 3 felony.
30 (4.1) Theft of property from the person not
31 exceeding $300 in value, or theft of property exceeding
32 $300 and not exceeding $10,000 in value, is a Class 2
33 felony if the theft was committed in a school or place of
34 worship.
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1 (5) Theft of property exceeding $10,000 and not
2 exceeding $100,000 in value is a Class 2 felony.
3 (5.1) Theft of property exceeding $10,000 and not
4 exceeding $100,000 in value is a Class 1 felony if the
5 theft was committed in a school or place of worship.
6 (6) Theft of property exceeding $100,000 in value
7 is a Class 1 felony.
8 (6.1) Theft of property exceeding $100,000 in value
9 is a Class X felony if the theft was committed in a
10 school or place of worship.
11 (7) Theft by deception, as described by paragraph
12 (2) of subsection (a) of this Section, in which the
13 offender obtained money or property valued at $5,000 or
14 more from a victim 60 years of age or older is a Class 2
15 felony.
16 (8) Theft of a firearm, cannabis, a controlled
17 substance, or money held in a facility used by a law
18 enforcement agency or a clerk of the circuit court to
19 store evidence for use at a pre-trial proceeding,
20 preliminary hearing, grand jury proceeding, trial, or
21 post-trial proceeding is a Class X felony.
22 (c) When a charge of theft of property exceeding a
23 specified value is brought, the value of the property
24 involved is an element of the offense to be resolved by the
25 trier of fact as either exceeding or not exceeding the
26 specified value.
27 (Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99;
28 91-544, eff. 1-1-00; revised 10-7-99.)