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.)