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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3538eng HB3538 Engrossed 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 HB3538 Engrossed -2- LRB9110550RCpk 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 HB3538 Engrossed -3- LRB9110550RCpk 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 or a clerk of the circuit court to 20 store evidence for use at a pre-trial proceeding, 21 preliminary hearing, grand jury proceeding, trial, or 22 post-trial proceeding is a Class X 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.)