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.