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| Public Act 094-0700 |
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AN ACT concerning motor fuel theft.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by adding | ||||
Section 6-205.2 as follows: | ||||
(625 ILCS 5/6-205.2 new)
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Sec. 6-205.2. Suspension of driver's license of person | ||||
convicted of theft of motor fuel. The driver's license of a | ||||
person convicted of theft of motor fuel under Section 16J-15 of | ||||
the Criminal Code of 1961 shall be suspended by the Secretary | ||||
for a period not to exceed 6 months for a first offense. Upon a | ||||
second or subsequent conviction for theft of motor fuel, the | ||||
suspension shall be for a period not to exceed one year. Upon | ||||
conviction of a person for theft of motor fuel, the court shall | ||||
order the person to surrender his or her driver's license to | ||||
the clerk of the court who shall forward the suspended license | ||||
to the Secretary.
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Section 10. The Criminal Code of 1961 is amended by adding | ||||
Article 16J as follows: | ||||
(720 ILCS 5/Art. 16J heading new) | ||||
ARTICLE 16J. THEFT OF MOTOR FUEL | ||||
(720 ILCS 5/16J-5 new) | ||||
Sec. 16J-5. Legislative declaration. It is the public | ||||
policy of this State that the substantial burden placed upon | ||||
the economy of this State resulting from the rising incidence | ||||
of theft of motor fuel is a matter of grave concern to the | ||||
people of this State who have a right to be protected in their | ||||
health, safety and welfare from the effects of this crime. | ||||
(720 ILCS 5/16J-10 new) | ||
Sec. 16J-10. Definitions. For the purposes of this Article: | ||
"Motor fuel" means a liquid, regardless of its properties, | ||
used to propel a vehicle, including gasoline and diesel. | ||
"Retailer" means a person, business, or establishment that | ||
sells motor fuel at retail. | ||
"Vehicle" means a motor vehicle, motorcycle, or farm | ||
implement that is self-propelled and that uses motor fuel for | ||
propulsion. | ||
(720 ILCS 5/16J-15 new) | ||
Sec. 16J-15. Offense of theft of motor fuel. A person | ||
commits the offense of theft of motor fuel when he or she | ||
knowingly dispenses motor fuel into a storage container or the | ||
fuel tank of a motor vehicle at an establishment in which motor | ||
fuel is offered for retail sale and leaves the premises of the | ||
establishment without making payment or the authorized charge | ||
for the motor fuel with the intention of depriving the | ||
establishment in which the motor fuel is offered for retail | ||
sale of the possession, use, or benefit of that motor fuel | ||
without paying the full retail value of the motor fuel. | ||
(720 ILCS 5/16J-25 new) | ||
Sec. 16J-25. Civil liability. A person who commits the | ||
offense of theft of motor fuel as described in Section 16J-15 | ||
is civilly liable to the retailer as prescribed in Section | ||
16A-7. | ||
(720 ILCS 5/16J-30 new) | ||
Sec. 16J-30. Sentence. | ||
(a) Theft of motor fuel, the full retail value of which | ||
does not exceed $150, is a Class A misdemeanor. | ||
(b) A person who has been convicted of theft of motor fuel, | ||
the full retail value of which does not exceed $150, and 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. | ||
(c) Any theft of motor fuel, the full retail value of which | ||
exceeds $150, is a Class 3 felony. When a charge of theft of | ||
motor fuel, the full value of which exceeds $150, is brought, | ||
the value of the motor fuel involved is an element of the | ||
offense to be resolved by the trier of fact as either exceeding | ||
or not exceeding $150. | ||
(720 ILCS 5/16J-35 new) | ||
Sec. 16J-35. Continuation of prior law. The provisions of | ||
this Article insofar as they are the same or substantially the | ||
same as those of Article 16 of this Code shall be construed as | ||
a continuation of that Article 16 and not as a new enactment. | ||
(720 ILCS 5/16J-40 new)
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Sec. 16J-40. Severability. The provisions of this Article | ||
are severable under Section 1.31 of the Statute on Statutes.
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