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Public Act 91-0360
SB1044 Enrolled LRB9103336RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 16-1, 18-1, 19-1, 21-1, and 21-1.3 and adding
Sections 2-15b and 2-19.5.
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, 18-1, 19-1, 21-1, and 21-1.3 and
adding Sections 2-15b and 2-19.5 as follows:
(720 ILCS 5/2-15b new)
Sec. 2-15b. "Place of worship" means a church,
synagogue, mosque, temple, or other building, structure, or
place used primarily for religious worship and includes the
grounds of a place of worship.
(720 ILCS 5/2-19.5 new)
Sec. 2-19.5. "School" means a public, private, or
parochial elementary or secondary school, community college,
college, or university and includes the grounds of a school.
(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.
The term "firearm" for the purposes of this Section has
the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
(b) Sentence.
(1) Theft of property, other than a firearm, not
from the person and not exceeding $300 in value is a
Class A misdemeanor.
(1.1) Theft of property, other than a firearm, 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 exceeding $300 in value, other than a
firearm and not from the person, who has been previously
convicted of any type of theft, robbery, armed robbery,
burglary, residential burglary, possession of burglary
tools or home invasion 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) Theft of a firearm not from the person
regardless of value is a Class 4 felony. A second or
subsequent such offense is a Class 3 felony.
(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 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.
(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. 89-377, eff. 8-18-95.)
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery.
(a) A person commits robbery when he or she takes
property, except a motor vehicle covered by Section 18-3 or
18-4, from the person or presence of another by the use of
force or by threatening the imminent use of force.
(b) Sentence.
Robbery is a Class 2 felony. However, if the victim is
60 years of age or over or is a physically handicapped
person, or if the robbery is committed in a school or place
of worship, robbery is a Class 1 felony.
(Source: P.A. 88-351.)
(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
Sec. 19-1. Burglary. (a) A person commits burglary when
without authority he knowingly enters or without authority
remains within a building, housetrailer, watercraft,
aircraft, motor vehicle as defined in The Illinois Vehicle
Code, railroad car, or any part thereof, with intent to
commit therein a felony or theft. This offense shall not
include the offenses set out in Section 4-102 of The Illinois
Vehicle Code, nor the offense of residential burglary as
defined in Section 19-3 hereof.
(b) Sentence.
Burglary is a Class 2 felony. A burglary committed in a
school or place of worship is a Class 1 felony.
(Source: P.A. 82-238.)
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another
without his consent; or
(b) recklessly by means of fire or explosive
damages property of another; or
(c) knowingly starts a fire on the land of another
without his consent; or
(d) knowingly injures a domestic animal of another
without his consent; or
(e) knowingly deposits on the land or in the
building of another, without his consent, any stink bomb
or any offensive smelling compound and thereby intends to
interfere with the use by another of the land or
building; or
(f) damages any property, other than as described
in subsection (b) of Section 20-1, with intent to defraud
an insurer; or
(g) knowingly shoots a firearm at any portion of a
railroad train.
When the charge of criminal damage to property exceeding
a specified value is brought, the extent of the damage is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
(2) The acts described in items (a) through (f) are
Class A misdemeanors if the damage to property does not
exceed $300. The acts described in items (a) through (f) are
Class 4 felonies if the damage to property does not exceed
$300 if the damage occurs to property of a school or place of
worship. The act described in item (g) is a Class 4 felony.
The acts described in items (a) through (f) are Class 4
felonies if the damage to property exceeds $300 but does not
exceed $10,000. The acts described in items (a) through (f)
are Class 3 felonies if the damage to property exceeds $300
but does not exceed $10,000 if the damage occurs to property
of a school or place of worship. The acts described in items
(a) through (f) are Class 3 felonies if the damage to
property exceeds $10,000 but does not exceed $100,000. The
acts described in items (a) through (f) are Class 2 felonies
if the damage to property exceeds $10,000 but does not exceed
$100,000 if the damage occurs to property of a school or
place of worship. The acts described in items (a) through
(f) are Class 2 felonies if the damage to property exceeds
$100,000. The acts described in items (a) through (f) are
Class 1 felonies if the damage to property exceeds $100,000
and the damage occurs to property of a school or place of
worship. If the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the
value of the damages to the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of criminal
damage to property to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by
the county board of the county where the offense was
committed. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 88-406; 88-558, eff. 1-1-95; 89-8, eff.
3-21-95.)
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property
when the person knowingly damages the property of another
without his or her consent by defacing, deforming, or
otherwise damaging the property by the use of paint or any
other similar substance, or by the use of a writing
instrument, etching tool, or any other similar device.
(b) Criminal defacement of property is a Class A
misdemeanor for a first offense if the damage to the property
does not exceed $300. Criminal defacement of property is a
Class 4 felony if the damage to property does not exceed $300
and the property damaged is a school building or place of
worship. Criminal defacement of property is a Class 4 felony
for a second or subsequent conviction or if the damage to the
property exceeds $300. Criminal defacement of property is a
Class 3 felony if the damage to property exceeds $300 and the
property damaged is a school building or place of worship. In
addition to any other sentence that may be imposed, a court
shall order any person convicted of criminal defacement of
property to perform community service for not less than 30
and not more than 120 hours, if community service is
available in the jurisdiction. The community service shall
include, but need not be limited to, the cleanup and repair
of the damage to property that was caused by the offense, or
similar damage to property located in the municipality or
county in which the offense occurred. If the property damaged
is a school building, the community service may include
cleanup, removal, or painting over the defacement. In
addition, whenever any person is placed on supervision for an
alleged offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
(Source: P.A. 90-685, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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