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91_SB1044
LRB9103336RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 16-1, 18-1, 19-1, 21-1, and 21-1.3 and adding
3 Sections 2-15b and 2-19.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Criminal Code of 1961 is amended by
7 changing Sections 16-1, 18-1, 19-1, 21-1, and 21-1.3 and
8 adding Sections 2-15b and 2-19.5 as follows:
9 (720 ILCS 5/2-15b new)
10 Sec. 2-15b. "Place of worship" means a church,
11 synagogue, mosque, temple, or other building, structure, or
12 place used primarily for religious worship and includes the
13 grounds of a place of worship.
14 (720 ILCS 5/2-19.5 new)
15 Sec. 2-19.5. "School" means a public, private, or
16 parochial elementary or secondary school, community college,
17 college, or university and includes the grounds of a school.
18 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
19 Sec. 16-1. Theft.
20 (a) A person commits theft when he knowingly:
21 (1) Obtains or exerts unauthorized control over
22 property of the owner; or
23 (2) Obtains by deception control over property of
24 the owner; or
25 (3) Obtains by threat control over property of the
26 owner; or
27 (4) Obtains control over stolen property knowing
28 the property to have been stolen or under such
29 circumstances as would reasonably induce him to believe
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1 that the property was stolen; or
2 (5) Obtains or exerts control over property in the
3 custody of any law enforcement agency which is explicitly
4 represented to him by any law enforcement officer or any
5 individual acting in behalf of a law enforcement agency
6 as being stolen, and
7 (A) Intends to deprive the owner permanently
8 of the use or benefit of the property; or
9 (B) Knowingly uses, conceals or abandons the
10 property in such manner as to deprive the owner
11 permanently of such use or benefit; or
12 (C) Uses, conceals, or abandons the property
13 knowing such use, concealment or abandonment
14 probably will deprive the owner permanently of such
15 use or benefit.
16 The term "firearm" for the purposes of this Section has
17 the meaning ascribed to it in Section 1.1 of the Firearm
18 Owners Identification Card Act.
19 (b) Sentence.
20 (1) Theft of property, other than a firearm, not
21 from the person and not exceeding $300 in value is a
22 Class A misdemeanor.
23 (1.1) Theft of property, other than a firearm, not
24 from the person and not exceeding $300 in value is a
25 Class 4 felony if the theft was committed in a school or
26 place of worship.
27 (2) A person who has been convicted of theft of
28 property not exceeding $300 in value, other than a
29 firearm and not from the person, who has been previously
30 convicted of any type of theft, robbery, armed robbery,
31 burglary, residential burglary, possession of burglary
32 tools or home invasion is guilty of a Class 4 felony.
33 When a person has any such prior conviction, the
34 information or indictment charging that person shall
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1 state such prior conviction so as to give notice of the
2 State's intention to treat the charge as a felony. The
3 fact of such prior conviction is not an element of the
4 offense and may not be disclosed to the jury during trial
5 unless otherwise permitted by issues properly raised
6 during such trial.
7 (3) Theft of a firearm not from the person
8 regardless of value is a Class 4 felony. A second or
9 subsequent such offense is a Class 3 felony.
10 (4) Theft of property from the person not exceeding
11 $300 in value, or theft of property exceeding $300 and
12 not exceeding $10,000 in value, is a Class 3 felony.
13 (4.1) Theft of property from the person not
14 exceeding $300 in value, or theft of property exceeding
15 $300 and not exceeding $10,000 in value, is a Class 2
16 felony if the theft was committed in a school or place of
17 worship.
18 (5) Theft of property exceeding $10,000 and not
19 exceeding $100,000 in value is a Class 2 felony.
20 (5.1) Theft of property exceeding $10,000 and not
21 exceeding $100,000 in value is a Class 1 felony if the
22 theft was committed in a school or place of worship.
23 (6) Theft of property exceeding $100,000 in value
24 is a Class 1 felony.
25 (6.1) Theft of property exceeding $100,000 in value
26 is a Class X felony if the theft was committed in a
27 school or place of worship.
28 (7) Theft by deception, as described by paragraph
29 (2) of subsection (a) of this Section, in which the
30 offender obtained money or property valued at $5,000 or
31 more from a victim 60 years of age or older is a Class 2
32 felony.
33 (c) When a charge of theft of property exceeding a
34 specified value is brought, the value of the property
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1 involved is an element of the offense to be resolved by the
2 trier of fact as either exceeding or not exceeding the
3 specified value.
4 (Source: P.A. 89-377, eff. 8-18-95.)
5 (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
6 Sec. 18-1. Robbery.
7 (a) A person commits robbery when he or she takes
8 property, except a motor vehicle covered by Section 18-3 or
9 18-4, from the person or presence of another by the use of
10 force or by threatening the imminent use of force.
11 (b) Sentence.
12 Robbery is a Class 2 felony. However, if the victim is
13 60 years of age or over or is a physically handicapped
14 person, or if the robbery is committed in a school or place
15 of worship, robbery is a Class 1 felony.
16 (Source: P.A. 88-351.)
17 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
18 Sec. 19-1. Burglary. (a) A person commits burglary when
19 without authority he knowingly enters or without authority
20 remains within a building, housetrailer, watercraft,
21 aircraft, motor vehicle as defined in The Illinois Vehicle
22 Code, railroad car, or any part thereof, with intent to
23 commit therein a felony or theft. This offense shall not
24 include the offenses set out in Section 4-102 of The Illinois
25 Vehicle Code, nor the offense of residential burglary as
26 defined in Section 19-3 hereof.
27 (b) Sentence.
28 Burglary is a Class 2 felony. A burglary committed in a
29 school or place of worship is a Class 1 felony.
30 (Source: P.A. 82-238.)
31 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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1 Sec. 21-1. Criminal damage to property.
2 (1) A person commits an illegal act when he:
3 (a) knowingly damages any property of another
4 without his consent; or
5 (b) recklessly by means of fire or explosive
6 damages property of another; or
7 (c) knowingly starts a fire on the land of another
8 without his consent; or
9 (d) knowingly injures a domestic animal of another
10 without his consent; or
11 (e) knowingly deposits on the land or in the
12 building of another, without his consent, any stink bomb
13 or any offensive smelling compound and thereby intends to
14 interfere with the use by another of the land or
15 building; or
16 (f) damages any property, other than as described
17 in subsection (b) of Section 20-1, with intent to defraud
18 an insurer; or
19 (g) knowingly shoots a firearm at any portion of a
20 railroad train.
21 When the charge of criminal damage to property exceeding
22 a specified value is brought, the extent of the damage is an
23 element of the offense to be resolved by the trier of fact as
24 either exceeding or not exceeding the specified value.
25 (2) The acts described in items (a) through (f) are
26 Class A misdemeanors if the damage to property does not
27 exceed $300. The acts described in items (a) through (f) are
28 Class 4 felonies if the damage to property does not exceed
29 $300 if the damage occurs to property of a school or place of
30 worship. The act described in item (g) is a Class 4 felony.
31 The acts described in items (a) through (f) are Class 4
32 felonies if the damage to property exceeds $300 but does not
33 exceed $10,000. The acts described in items (a) through (f)
34 are Class 3 felonies if the damage to property exceeds $300
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1 but does not exceed $10,000 if the damage occurs to property
2 of a school or place of worship. The acts described in items
3 (a) through (f) are Class 3 felonies if the damage to
4 property exceeds $10,000 but does not exceed $100,000. The
5 acts described in items (a) through (f) are Class 2 felonies
6 if the damage to property exceeds $10,000 but does not exceed
7 $100,000 if the damage occurs to property of a school or
8 place of worship. The acts described in items (a) through
9 (f) are Class 2 felonies if the damage to property exceeds
10 $100,000. The acts described in items (a) through (f) are
11 Class 1 felonies if the damage to property exceeds $100,000
12 and the damage occurs to property of a school or place of
13 worship. If the damage to property exceeds $10,000, the
14 court shall impose upon the offender a fine equal to the
15 value of the damages to the property.
16 (3) In addition to any other sentence that may be
17 imposed, a court shall order any person convicted of criminal
18 damage to property to perform community service for not less
19 than 30 and not more than 120 hours, if community service is
20 available in the jurisdiction and is funded and approved by
21 the county board of the county where the offense was
22 committed. In addition, whenever any person is placed on
23 supervision for an alleged offense under this Section, the
24 supervision shall be conditioned upon the performance of the
25 community service.
26 This subsection does not apply when the court imposes a
27 sentence of incarceration.
28 (Source: P.A. 88-406; 88-558, eff. 1-1-95; 89-8, eff.
29 3-21-95.)
30 (720 ILCS 5/21-1.3)
31 Sec. 21-1.3. Criminal defacement of property.
32 (a) A person commits criminal defacement of property
33 when the person knowingly damages the property of another
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1 without his or her consent by defacing, deforming, or
2 otherwise damaging the property by the use of paint or any
3 other similar substance, or by the use of a writing
4 instrument, etching tool, or any other similar device.
5 (b) Criminal defacement of property is a Class A
6 misdemeanor for a first offense if the damage to the property
7 does not exceed $300. Criminal defacement of property is a
8 Class 4 felony if the damage to property does not exceed $300
9 and the property damaged is a school building or place of
10 worship. Criminal defacement of property is a Class 4 felony
11 for a second or subsequent conviction or if the damage to the
12 property exceeds $300. Criminal defacement of property is a
13 Class 3 felony if the damage to property exceeds $300 and the
14 property damaged is a school building or place of worship. In
15 addition to any other sentence that may be imposed, a court
16 shall order any person convicted of criminal defacement of
17 property to perform community service for not less than 30
18 and not more than 120 hours, if community service is
19 available in the jurisdiction. The community service shall
20 include, but need not be limited to, the cleanup and repair
21 of the damage to property that was caused by the offense, or
22 similar damage to property located in the municipality or
23 county in which the offense occurred. If the property damaged
24 is a school building, the community service may include
25 cleanup, removal, or painting over the defacement. In
26 addition, whenever any person is placed on supervision for an
27 alleged offense under this Section, the supervision shall be
28 conditioned upon the performance of the community service.
29 (Source: P.A. 90-685, eff. 1-1-99.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.