Public Act 93-0520

SB265 Enrolled                       LRB093 05170 RLC 05230 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.   The  Criminal  Code  of 1961 is amended by
changing Sections 16-1 and 29B-1 as follows:

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1.  Theft.
    (a)  A person commits theft when he knowingly:
         (1)  Obtains or  exerts  unauthorized  control  over
    property of the owner; or
         (2)  Obtains  by  deception control over property of
    the owner; or
         (3)  Obtains by threat control over property of  the
    owner; or
         (4)  Obtains  control  over  stolen property knowing
    the  property  to  have  been  stolen   or   under   such
    circumstances  as  would reasonably induce him to believe
    that the property was stolen; or
         (5)  Obtains or exerts control over property in  the
    custody of any law enforcement agency which is explicitly
    represented  to him by any law enforcement officer or any
    individual acting in behalf of a law  enforcement  agency
    as being stolen, and
              (A)  Intends  to  deprive the owner permanently
         of the use or benefit of the property; or
              (B)  Knowingly uses, conceals or  abandons  the
         property  in  such  manner  as  to deprive the owner
         permanently of such use or benefit; or
              (C)  Uses, conceals, or abandons  the  property
         knowing   such   use,   concealment  or  abandonment
         probably will deprive the owner permanently of  such
         use or benefit.
    (b)  Sentence.
         (1)  Theft  of  property not from the person and not
    exceeding $300 in value is a Class A misdemeanor.
         (1.1)  Theft of property not from the person and not
    exceeding $300 in value is a Class 4 felony if the  theft
    was committed in a school or place of worship.
         (2)  A  person  who  has  been convicted of theft of
    property not from the person and not  exceeding  $300  in
    value  who  has  been previously convicted of any type of
    theft,  robbery,  armed  robbery,  burglary,  residential
    burglary, possession of burglary  tools,  home  invasion,
    forgery,  a violation of Section 4-103, 4-103.1, 4-103.2,
    or 4-103.3 of the Illinois Vehicle Code relating  to  the
    possession  of  a stolen or converted motor vehicle, or a
    violation of Section 8 of the Illinois  Credit  Card  and
    Debit  Card  Act  is  guilty of a Class 4 felony.  When a
    person has any such prior conviction, the information  or
    indictment  charging  that  person shall state such prior
    conviction so as to give notice of the State's  intention
    to  treat the charge as a felony.  The fact of such prior
    conviction is not an element of the offense and  may  not
    be  disclosed  to  the jury during trial unless otherwise
    permitted by issues properly raised during such trial.
         (3)  (Blank).
         (4)  Theft of property from the person not exceeding
    $300 in value, or theft of property  exceeding  $300  and
    not exceeding $10,000 in value, is a Class 3 felony.
         (4.1)  Theft   of   property  from  the  person  not
    exceeding $300 in value, or theft of  property  exceeding
    $300  and  not  exceeding  $10,000 in value, is a Class 2
    felony if the theft was committed in a school or place of
    worship.
         (5)  Theft of property  exceeding  $10,000  and  not
    exceeding $100,000 in value is a Class 2 felony.
         (5.1)  Theft  of  property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1  felony  if  the
    theft was committed in a school or place of worship.
         (6)  Theft  of  property  exceeding $100,000 and not
    exceeding $500,000 in value is a Class 1 felony.
         (6.1)  Theft of property exceeding $100,000 in value
    is a Class X felony if  the  theft  was  committed  in  a
    school or place of worship.
         (6.2)  Theft of property exceeding $500,000 in value
    is a Class 1 non-probationable felony.
         (7)  Theft by deception, as described  by  paragraph
    (2)  of  subsection  (a)  of  this  Section, in which the
    offender obtained money or property valued at  $5,000  or
    more  from a victim 60 years of age or older is a Class 2
    felony.
    (c)  When a charge  of  theft  of  property  exceeding  a
specified  value  is  brought,  the  value  of  the  property
involved  is  an element of the offense to be resolved by the
trier of fact  as  either  exceeding  or  not  exceeding  the
specified value.
(Source:  P.A.  91-118,  eff.  1-1-00;  91-360, eff. 7-29-99;
91-544, eff. 1-1-00; 92-16, eff. 6-28-01.)

    (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
    Sec. 29B-1.  (a) A person commits the  offense  of  money
laundering:
         (1)  when he knowingly engages or attempts to engage
    in a financial transaction in criminally derived property
    with  either the intent to promote the carrying on of the
    unlawful  activity  from  which  the  criminally  derived
    property was obtained or where  he  knows  or  reasonably
    should know that the financial transaction is designed in
    whole  or  in part to conceal or disguise the nature, the
    location, the source, the ownership or the control of the
    criminally derived property; or
         (2)  when, with the intent to:
              (A)  promote the carrying  on  of  a  specified
         criminal activity as defined in this Article; or
              (B)  conceal  or disguise the nature, location,
         source, ownership, or control of  property  believed
         to  be the proceeds of a specified criminal activity
         as defined by subdivision (b)(6),
    he or she conducts or attempts  to  conduct  a  financial
    transaction  involving  property he or she believes to be
    the proceeds of specified criminal activity as defined by
    subdivision  (b)(6)  or  property  used  to  conduct   or
    facilitate  specified  criminal  activity  as  defined by
    subdivision (b)(6).
    (b)  As used in this Section:
         (1)  "Financial transaction" means a purchase, sale,
    loan,  pledge,  gift,   transfer,   delivery   or   other
    disposition  utilizing  criminally  derived property, and
    with  respect  to  financial  institutions,  includes   a
    deposit,  withdrawal, transfer between accounts, exchange
    of currency, loan, extension of credit, purchase or  sale
    of  any  stock,  bond,  certificate  of  deposit or other
    monetary instrument or any  other  payment,  transfer  or
    delivery  by, through, or to a financial institution. For
    purposes of clause  (a)(2)  of  this  Section,  the  term
    "financial  transaction"  also  means a transaction which
    without   regard   to   whether   the   funds,   monetary
    instruments, or real or personal property involved in the
    transaction are criminally derived, any transaction which
    in any way or degree: (1) involves the movement of  funds
    by  wire  or  any  other  means; (2) involves one or more
    monetary instruments; or (3) the transfer of title to any
    real or personal property. The receipt by an attorney  of
    bona fide fees for the purpose of legal representation is
    not a financial transaction for purposes of this Section.
         (2)  "Financial  institution" means any bank; saving
    and loan association; trust company; agency or branch  of
    a  foreign  bank in the United States; currency exchange;
    credit union, mortgage banking  institution;  pawnbroker;
    loan  or  finance  company;  operator  of  a  credit card
    system; issuer, redeemer or cashier of travelers  checks,
    checks or money orders; dealer in precious metals, stones
    or jewels; broker or dealer in securities or commodities;
    investment banker; or investment company.
         (3)  "Monetary instrument" means United States coins
    and  currency;  coins  and currency of a foreign country;
    travelers checks; personal checks, bank checks, and money
    orders;   investment   securities;   bearer    negotiable
    instruments;  bearer  investment  securities;  or  bearer
    securities  and  certificates  of stock in such form that
    title thereto passes upon delivery.
         (4)  "Criminally derived property"  means:  (A)  any
    property  constituting or derived from proceeds obtained,
    directly or indirectly, pursuant to a  violation  of  the
    Criminal Code of 1961, the Illinois Controlled Substances
    Act  or  the  Cannabis  Control  Act; or (B) any property
    represented to be property constituting or  derived  from
    proceeds  obtained, directly or indirectly, pursuant to a
    violation  of  this   Code,   the   Illinois   Controlled
    Substances Act, or the Cannabis Control Act.
         (5)  "Conduct"  or  "conducts" includes, in addition
    to  its  ordinary  meaning,  initiating,  concluding,  or
    participating in initiating or concluding a transaction.
         (6)  "Specified   criminal   activity"   means   any
    violation of Section 20.5-5 (720 ILCS 5/20.5-5)  and  any
    violation of Article 29D of this Code.
    (c)  Sentence.
         (1)  Laundering  of criminally derived property of a
    value not exceeding $10,000 is a Class 3 felony;
         (2)  Laundering of criminally derived property of  a
    value  exceeding  $10,000 but not exceeding $100,000 is a
    Class 2 felony;
         (3)  Laundering of criminally derived property of  a
    value  exceeding $100,000 but not exceeding $500,000 is a
    Class 1 felony;
         (4)  Money laundering  in  violation  of  subsection
    (a)(2) of this Section is a Class X felony;.
         (5)  Laundering  of criminally derived property of a
    value exceeding $500,000 is a Class  1  non-probationable
    felony.
(Source: P.A. 92-854, eff. 12-5-02.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.