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| Public Act 096-0534 |
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AN ACT concerning criminal law.
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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 Criminal Code of 1961 is amended by changing | ||||
Sections 16-1 and 16H-60 as follows:
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(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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Sec. 16-1. Theft.
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(a) A person commits theft when he knowingly:
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(1) Obtains or exerts unauthorized control over | ||||
property of the
owner; or
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(2) Obtains by deception control over property of the | ||||
owner; or
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(3) Obtains by threat control over property of the | ||||
owner; or
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(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
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(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
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(A) Intends to deprive the owner permanently of the | ||
use or
benefit of the property; or
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(B) Knowingly uses, conceals or abandons the | ||
property in such
manner as to deprive the owner | ||
permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property | ||
knowing such use,
concealment or abandonment probably | ||
will deprive the owner permanently
of such use or | ||
benefit.
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(b) Sentence.
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(1) Theft of property not from the person and
not | ||
exceeding $300 in value is a Class A misdemeanor.
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(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.
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(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
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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.
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(3) (Blank).
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(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.
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(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.
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(5) Theft of property exceeding $10,000 and not | ||
exceeding
$100,000 in value is a Class 2 felony.
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(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.
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(6) Theft of property exceeding $100,000 and not | ||
exceeding $500,000 in
value is a Class 1 felony.
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(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.
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(6.2) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value is a Class 1
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non-probationable
felony.
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(6.3) Theft of property exceeding $1,000,000 in value | ||
is a Class X felony.
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(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.
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(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.
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(Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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(720 ILCS 5/16H-60)
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Sec. 16H-60. Sentence.
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(a) A financial crime, the full value of which does not | ||
exceed $300, is
a Class A misdemeanor.
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(b) A person who has been convicted of a financial crime, | ||
the full
value of which does not exceed $300, and who has been | ||
previously
convicted of a financial crime or 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 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.
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(c) A financial crime, the full value of which exceeds $300 | ||
but does
not exceed $10,000, is a Class 3 felony. When a charge | ||
of financial crime,
the full value of which exceeds $300 but | ||
does not exceed $10,000, is
brought, the value of the financial | ||
crime involved is an element of the
offense to be resolved by | ||
the trier of fact as either exceeding or not
exceeding $300.
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(d) A financial crime, the full value of which exceeds | ||
$10,000 but
does not exceed $100,000, is a Class 2 felony. When | ||
a charge of financial
crime, the full value of which exceeds | ||
$10,000 but does not exceed
$100,000, is brought, the value of | ||
the financial crime involved is an element
of the offense to be | ||
resolved by the trier of fact as either exceeding or not
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exceeding $10,000.
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(e) A financial crime, the full value of which exceeds | ||
$100,000, is a Class
1 felony.
When a charge of financial | ||
crime, the full value of which exceeds $100,000,
is brought, | ||
the value of the financial crime involved is an element of the
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offense to be resolved by the trier of fact as either exceeding | ||
or not
exceeding $100,000.
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(f) A financial crime which is a financial institution | ||
robbery is a
Class 1 felony.
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(g) A financial crime which is a continuing financial | ||
crimes
enterprise is a Class 1 felony.
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(h) A financial crime which is the offense of being an | ||
organizer of a
continuing financial crimes enterprise is a | ||
Class X felony.
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(i) (Blank). Notwithstanding any other provisions of this | ||
Section, a
financial crime which is loan fraud in connection | ||
with a loan secured by
residential real estate is a Class 4 | ||
felony.
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(Source: P.A. 93-440, eff. 8-5-03.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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