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91_HB1764
LRB9105514RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 16-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 16-1 as follows:
7 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
8 Sec. 16-1. Theft.
9 (a) A person commits theft when he knowingly:
10 (1) Obtains or exerts unauthorized control over
11 property of the owner; or
12 (2) Obtains by deception control over property of
13 the owner; or
14 (3) Obtains by threat control over property of the
15 owner; or
16 (4) Obtains control over stolen property knowing
17 the property to have been stolen or under such
18 circumstances as would reasonably induce him to believe
19 that the property was stolen; or
20 (5) Obtains or exerts control over property in the
21 custody of any law enforcement agency which is explicitly
22 represented to him by any law enforcement officer or any
23 individual acting in behalf of a law enforcement agency
24 as being stolen, and
25 (A) Intends to deprive the owner permanently
26 of the use or benefit of the property; or
27 (B) Knowingly uses, conceals or abandons the
28 property in such manner as to deprive the owner
29 permanently of such use or benefit; or
30 (C) Uses, conceals, or abandons the property
31 knowing such use, concealment or abandonment
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1 probably will deprive the owner permanently of such
2 use or benefit.
3 The term "firearm" for the purposes of this Section has
4 the meaning ascribed to it in Section 1.1 of the Firearm
5 Owners Identification Card Act.
6 (b) Sentence.
7 (1) Theft of property, other than a firearm, not
8 from the person and not exceeding $300 in value is a
9 Class A misdemeanor.
10 (2) A person who has been convicted of theft of
11 property not exceeding $300 in value, other than a
12 firearm and not from the person, who has been previously
13 convicted of any type of theft, robbery, armed robbery,
14 burglary, residential burglary, possession of burglary
15 tools, or home invasion, forgery, a violation of Section
16 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois
17 Vehicle Code relating to the possession of a stolen or
18 converted motor vehicle, or a violation of Section 8 of
19 the Illinois Credit Card and Debit Card Act is guilty of
20 a Class 4 felony. When a person has any such prior
21 conviction, the information or indictment charging that
22 person shall state such prior conviction so as to give
23 notice of the State's intention to treat the charge as a
24 felony. The fact of such prior conviction is not an
25 element of the offense and may not be disclosed to the
26 jury during trial unless otherwise permitted by issues
27 properly raised during such trial.
28 (3) Theft of a firearm not from the person
29 regardless of value is a Class 4 felony. A second or
30 subsequent such offense is a Class 3 felony.
31 (4) Theft of property from the person not exceeding
32 $300 in value, or theft of property exceeding $300 and
33 not exceeding $10,000 in value, is a Class 3 felony.
34 (5) Theft of property exceeding $10,000 and not
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1 exceeding $100,000 in value is a Class 2 felony.
2 (6) Theft of property exceeding $100,000 in value
3 is a Class 1 felony.
4 (7) Theft by deception, as described by paragraph
5 (2) of subsection (a) of this Section, in which the
6 offender obtained money or property valued at $5,000 or
7 more from a victim 60 years of age or older is a Class 2
8 felony.
9 (c) When a charge of theft of property exceeding a
10 specified value is brought, the value of the property
11 involved is an element of the offense to be resolved by the
12 trier of fact as either exceeding or not exceeding the
13 specified value.
14 (Source: P.A. 89-377, eff. 8-18-95.)