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92_HB5658eng HB5658 Engrossed LRB9214785RCcdA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 16-1 and 29B-1 as follows: 6 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1) 7 Sec. 16-1. Theft. 8 (a) A person commits theft when he knowingly: 9 (1) Obtains or exerts unauthorized control over 10 property of the owner; or 11 (2) Obtains by deception control over property of 12 the owner; or 13 (3) Obtains by threat control over property of the 14 owner; or 15 (4) Obtains control over stolen property knowing 16 the property to have been stolen or under such 17 circumstances as would reasonably induce him to believe 18 that the property was stolen; or 19 (5) Obtains or exerts control over property in the 20 custody of any law enforcement agency which is explicitly 21 represented to him by any law enforcement officer or any 22 individual acting in behalf of a law enforcement agency 23 as being stolen, and 24 (A) Intends to deprive the owner permanently 25 of the use or benefit of the property; or 26 (B) Knowingly uses, conceals or abandons the 27 property in such manner as to deprive the owner 28 permanently of such use or benefit; or 29 (C) Uses, conceals, or abandons the property 30 knowing such use, concealment or abandonment 31 probably will deprive the owner permanently of such HB5658 Engrossed -2- LRB9214785RCcdA 1 use or benefit. 2 (b) Sentence. 3 (1) Theft of property not from the person and not 4 exceeding $300 in value is a Class A misdemeanor. 5 (1.1) Theft of property not from the person and not 6 exceeding $300 in value is a Class 4 felony if the theft 7 was committed in a school or place of worship. 8 (2) A person who has been convicted of theft of 9 property not from the person and not exceeding $300 in 10 value who has been previously convicted of any type of 11 theft, robbery, armed robbery, burglary, residential 12 burglary, possession of burglary tools, home invasion, 13 forgery, a violation of Section 4-103, 4-103.1, 4-103.2, 14 or 4-103.3 of the Illinois Vehicle Code relating to the 15 possession of a stolen or converted motor vehicle, or a 16 violation of Section 8 of the Illinois Credit Card and 17 Debit Card Act is guilty of a Class 4 felony. When a 18 person has any such prior conviction, the information or 19 indictment charging that person shall state such prior 20 conviction so as to give notice of the State's intention 21 to treat the charge as a felony. The fact of such prior 22 conviction is not an element of the offense and may not 23 be disclosed to the jury during trial unless otherwise 24 permitted by issues properly raised during such trial. 25 (3) (Blank). 26 (4) Theft of property from the person not exceeding 27 $300 in value, or theft of property exceeding $300 and 28 not exceeding $10,000 in value, is a Class 3 felony. 29 (4.1) Theft of property from the person not 30 exceeding $300 in value, or theft of property exceeding 31 $300 and not exceeding $10,000 in value, is a Class 2 32 felony if the theft was committed in a school or place of 33 worship. 34 (5) Theft of property exceeding $10,000 and not HB5658 Engrossed -3- LRB9214785RCcdA 1 exceeding $100,000 in value is a Class 2 felony. 2 (5.1) Theft of property exceeding $10,000 and not 3 exceeding $100,000 in value is a Class 1 felony if the 4 theft was committed in a school or place of worship. 5 (6) Theft of property exceeding $100,000 and not 6 exceeding $500,000 in value is a Class 1 felony. 7 (6.1) Theft of property exceeding $100,000 in value 8 is a Class X felony if the theft was committed in a 9 school or place of worship. 10 (6.2) Theft of property exceeding $500,000 in value 11 is a Class X felony. 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 (c) When a charge of theft of property exceeding a 18 specified value is brought, the value of the property 19 involved is an element of the offense to be resolved by the 20 trier of fact as either exceeding or not exceeding the 21 specified value. 22 (Source: P.A. 91-118, eff. 1-1-00; 91-360, eff. 7-29-99; 23 91-544, eff. 1-1-00; 92-16, eff. 6-28-01.) 24 (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1) 25 Sec. 29B-1. (a) A person commits the offense of money 26 laundering when he knowingly engages or attempts to engage in 27 a financial transaction in criminally derived property with 28 either the intent to promote the carrying on of the unlawful 29 activity from which the criminally derived property was 30 obtained or where he knows or reasonably should know that the 31 financial transaction is designed in whole or in part to 32 conceal or disguise the nature, the location, the source, the 33 ownership or the control of the criminally derived property. HB5658 Engrossed -4- LRB9214785RCcdA 1 (b) As used in this Section: 2 (1) "Financial transaction" means a purchase, sale, 3 loan, pledge, gift, transfer, delivery or other 4 disposition utilizing criminally derived property, and 5 with respect to financial institutions, includes a 6 deposit, withdrawal, transfer between accounts, exchange 7 of currency, loan, extension of credit, purchase or sale 8 of any stock, bond, certificate of deposit or other 9 monetary instrument or any other payment, transfer or 10 delivery by, through, or to a financial institution. The 11 receipt by an attorney of bona fide fees for the purpose 12 of legal representation is not a financial transaction 13 for purposes of this Section. 14 (2) "Financial institution" means any bank; saving 15 and loan association; trust company; agency or branch of 16 a foreign bank in the United States; currency exchange; 17 credit union, mortgage banking institution; pawnbroker; 18 loan or finance company; operator of a credit card 19 system; issuer, redeemer or cashier of travelers checks, 20 checks or money orders; dealer in precious metals, stones 21 or jewels; broker or dealer in securities or commodities; 22 investment banker; or investment company. 23 (3) "Monetary instrument" means United States coins 24 and currency; coins and currency of a foreign country; 25 travelers checks; bearer negotiable instruments; bearer 26 investment securities; or bearer securities and 27 certificates of stock. 28 (4) "Criminally derived property" means: (A) any 29 property constituting or derived from proceeds obtained, 30 directly or indirectly, pursuant to a violation of the 31 Criminal Code of 1961, the Illinois Controlled Substances 32 Act or the Cannabis Control Act; or (B) any property 33 expressly or impliedly represented to be property 34 constituting or derived from proceeds obtained, directly HB5658 Engrossed -5- LRB9214785RCcdA 1 or indirectly, pursuant to a violation of this Code, the 2 Illinois Controlled Substances Act, or the Cannabis 3 Control Act. 4 (c) Sentence. 5 (1) Laundering of criminally derived property of a 6 value not exceeding $10,000 is a Class 3 felony; 7 (2) Laundering of criminally derived property of a 8 value exceeding $10,000 but not exceeding $100,000 is a 9 Class 2 felony; 10 (3) Laundering of criminally derived property of a 11 value exceeding $100,000 but not exceeding $500,000 is a 12 Class 1 felony. 13 (4) Laundering of criminally derived property of a 14 value exceeding $500,000 is a Class X felony. 15 (Source: P.A. 88-258.) 16 Section 99. Effective date. This Act takes effect upon 17 becoming law.