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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB3538
LRB9110550RCpk
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 (b) Sentence.
4 (1) Theft of property not from the person and not
5 exceeding $300 in value is a Class A misdemeanor.
6 (1.1) Theft of property, other than a firearm, not
7 from the person and not exceeding $300 in value is a
8 Class 4 felony if the theft was committed in a school or
9 place of worship.
10 (2) A person who has been convicted of theft of
11 property not from the person and not exceeding $300 in
12 value who has been previously convicted of any type of
13 theft, robbery, armed robbery, burglary, residential
14 burglary, possession of burglary tools, home invasion,
15 forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
16 or 4-103.3 of the Illinois Vehicle Code relating to the
17 possession of a stolen or converted motor vehicle, or a
18 violation of Section 8 of the Illinois Credit Card and
19 Debit Card Act is guilty of a Class 4 felony. When a
20 person has any such prior conviction, the information or
21 indictment charging that person shall state such prior
22 conviction so as to give notice of the State's intention
23 to treat the charge as a felony. The fact of such prior
24 conviction is not an element of the offense and may not
25 be disclosed to the jury during trial unless otherwise
26 permitted by issues properly raised during such trial.
27 (3) (Blank).
28 (4) Theft of property from the person not exceeding
29 $300 in value, or theft of property exceeding $300 and
30 not exceeding $10,000 in value, is a Class 3 felony.
31 (4.1) Theft of property from the person not
32 exceeding $300 in value, or theft of property exceeding
33 $300 and not exceeding $10,000 in value, is a Class 2
34 felony if the theft was committed in a school or place of
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1 worship.
2 (5) Theft of property exceeding $10,000 and not
3 exceeding $100,000 in value is a Class 2 felony.
4 (5.1) Theft of property exceeding $10,000 and not
5 exceeding $100,000 in value is a Class 1 felony if the
6 theft was committed in a school or place of worship.
7 (6) Theft of property exceeding $100,000 in value
8 is a Class 1 felony.
9 (6.1) Theft of property exceeding $100,000 in value
10 is a Class X felony if the theft was committed in a
11 school or place of worship.
12 (7) Theft by deception, as described by paragraph
13 (2) of subsection (a) of this Section, in which the
14 offender obtained money or property valued at $5,000 or
15 more from a victim 60 years of age or older is a Class 2
16 felony.
17 (8) Theft of a firearm, cannabis, a controlled
18 substance, or money held in a facility used by a law
19 enforcement agency to store evidence for use at a
20 pre-trial proceeding, preliminary hearing, grand jury
21 proceeding, trial, or post-trial proceeding is a Class X
22 felony.
23 (c) When a charge of theft of property exceeding a
24 specified value is brought, the value of the property
25 involved is an element of the offense to be resolved by the
26 trier of fact as either exceeding or not exceeding the
27 specified value.
28 (Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99;
29 91-544, eff. 1-1-00; revised 10-7-99.)