Public Act 099-0534
 
SB1120 EnrolledLRB099 05301 RLC 25336 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 16-3 as follows:
 
    (720 ILCS 5/16-3)  (from Ch. 38, par. 16-3)
    Sec. 16-3. Theft of labor or services or use of property.
    (a) A person commits theft when he or she knowingly obtains
the temporary use of property, labor or services of another
which are available only for hire, by means of threat or
deception or knowing that such use is without the consent of
the person providing the property, labor or services. For the
purposes of this subsection, library material is available for
hire.
    (b) A person commits theft when after (1) renting or
leasing a motor vehicle, (2) obtaining a motor vehicle through
a "driveaway" service mode of transportation, (3) renting or
leasing equipment exceeding $500 in value including tools,
construction or industry equipment, and such items as linens,
tableware, tents, tables, chairs and other equipment specially
rented for a party or special event, or (4) renting or leasing
any other type of personal property exceeding $500 in value,
under an agreement in writing which provides for the return of
the vehicle, equipment, or other personal property to a
particular place at a particular time, he or she without good
cause knowingly fails to return the vehicle, equipment, or
other personal property to that place within the time
specified, and is thereafter served or sent a written demand
mailed to the last known address, made by certified mail return
receipt requested, to return the such vehicle, equipment, or
other personal property within 3 days from the mailing of the
written demand, and who without good cause knowingly fails to
return the vehicle, equipment, or any other personal property
to any place of business of the lessor within the return such
period. The trier of fact may infer evidence that the person is
without good cause if the person signs the agreement with a
name or address other than his or her own.
    (c) A person commits theft when he or she borrows from a
library facility library material which has an aggregate value
of $50 or more pursuant to an agreement with or procedure
established by the library facility for the return of such
library material, and knowingly without good cause fails to
return the library material so borrowed in accordance with such
agreement or procedure, and further knowingly without good
cause fails to return such library material within 30 days
after receiving written notice by certified mail from the
library facility demanding the return of such library material.
    (d) Sentence.
    A person convicted of theft under subsection (a) is guilty
of a Class A misdemeanor, except that the theft of library
material where the aggregate value exceeds $300 is a Class 3
felony. A person convicted of theft under subsection (b) of
this Section is guilty of a Class 4 felony. A person convicted
of theft under subsection (c) is guilty of a petty offense for
which the offender may be fined an amount not to exceed $500
and shall be ordered to reimburse the library for postage
costs, attorney's fees, and actual replacement costs of the
materials not returned, except that theft under subsection (c)
where the aggregate value exceeds $300 is a Class 3 felony. In
addition to any other penalty imposed, the court may order a
person convicted under this Section to make restitution to the
victim of the offense.
    For the purpose of sentencing on theft of library material,
separate transactions totalling more than $300 within a 90-day
period shall constitute a single offense.
(Source: P.A. 97-597, eff. 1-1-12.)

Effective Date: 1/1/2017