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91_HB1764enr HB1764 Enrolled 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 HB1764 Enrolled -2- LRB9105514RCks 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,orhome 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 HB1764 Enrolled -3- LRB9105514RCks 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.)