Public Act 094-0134
 		





HB1434 Enrolled
LRB094 07700 RLC 37876 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 1961 is amended  by changing 
Section 16-1 and  by adding Section 15-10 as follows:
 
    (720 ILCS 5/15-10  new)
    Sec. 15-10. Governmental property. As used in this Part C, 
"governmental property" means funds or other property owned by 
the State, a unit of local government, or a school district.
 



    (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 or if the 
    theft was of governmental property.


        (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 or if 
    the theft was of governmental property.


        (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 or if 
    the theft was of governmental property.


        (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 or if the theft was of governmental 
    property.


        (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. 92-16, eff. 6-28-01; 93-520, eff. 8-6-03.)