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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 16-1 as follows:
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6 | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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7 | Sec. 16-1. Theft.
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8 | (a) A person commits theft when he knowingly:
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9 | (1) Obtains or exerts unauthorized control over | ||||||
10 | property of the
owner; or
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11 | (2) Obtains by deception control over property of the | ||||||
12 | owner; or
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13 | (3) Obtains by threat control over property of the | ||||||
14 | owner; or
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15 | (4) Obtains control over stolen property knowing the | ||||||
16 | property to
have been stolen or under such circumstances as | ||||||
17 | would
reasonably induce him to believe that the property | ||||||
18 | was stolen; or
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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 as | ||||||
23 | being stolen, and
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1 | (A) Intends to deprive the owner permanently of the | ||||||
2 | use or
benefit of the property; or
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3 | (B) Knowingly uses, conceals or abandons the | ||||||
4 | property in such
manner as to deprive the owner | ||||||
5 | permanently of such use or benefit; or
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6 | (C) Uses, conceals, or abandons the property | ||||||
7 | knowing such use,
concealment or abandonment probably | ||||||
8 | will deprive the owner permanently
of such use or | ||||||
9 | benefit.
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10 | (b) Sentence.
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11 | (1) Theft of property not from the person and
not | ||||||
12 | exceeding $300 in value is a Class A misdemeanor.
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13 | (1.1) Theft of property not from the person and
not | ||||||
14 | exceeding $300 in value is a Class 4 felony if the theft | ||||||
15 | was committed in a
school or place of worship or if the | ||||||
16 | theft was of governmental property.
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17 | (2) A person who has been convicted of theft of | ||||||
18 | property not from the
person and not exceeding
$300 in | ||||||
19 | value who has been
previously convicted of any type of | ||||||
20 | theft, robbery, armed robbery,
burglary, residential | ||||||
21 | burglary, possession of burglary tools, home
invasion, | ||||||
22 | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||||||
23 | 4-103.3
of the Illinois Vehicle Code relating to the | ||||||
24 | possession of a stolen or
converted motor vehicle, or a | ||||||
25 | violation of Section 8 of the Illinois Credit
Card and | ||||||
26 | Debit Card Act is guilty of a Class 4 felony. When a person |
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1 | has any
such prior
conviction, the information or | ||||||
2 | indictment charging that person shall state
such prior | ||||||
3 | conviction so as to give notice of the State's intention to
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4 | treat the charge as a felony. The fact of such prior | ||||||
5 | conviction is not an
element of the offense and may not be | ||||||
6 | disclosed to the jury during trial
unless otherwise | ||||||
7 | permitted by issues properly raised during such trial.
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8 | (3) (Blank).
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9 | (4) Theft of property from the person not exceeding | ||||||
10 | $300 in value, or
theft of
property exceeding $300 and not | ||||||
11 | exceeding $10,000 in value, is a
Class 3 felony.
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12 | (4.1) Theft of property from the person not exceeding | ||||||
13 | $300 in value, or
theft of property exceeding $300 and not | ||||||
14 | exceeding $10,000 in value, is a Class
2 felony if the | ||||||
15 | theft was committed in a school or place of worship or if | ||||||
16 | the theft was of governmental property.
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17 | (5) Theft of property exceeding $10,000 and not | ||||||
18 | exceeding
$100,000 in value is a Class 2 felony.
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19 | (5.1) Theft of property exceeding $10,000 and not | ||||||
20 | exceeding $100,000 in
value is a Class 1 felony
if the | ||||||
21 | theft was committed in a school or place of worship or if | ||||||
22 | the theft was of governmental property.
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23 | (6) Theft of property exceeding $100,000 and not | ||||||
24 | exceeding $500,000 in
value is a Class 1 felony.
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25 | (6.1) Theft of property exceeding $100,000 in value is | ||||||
26 | a Class X felony
if the theft was committed in a school or |
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1 | place of worship or if the theft was of governmental | ||||||
2 | property or if the theft of property was from a charitable | ||||||
3 | organization as defined in paragraph (a) of Section 1 of | ||||||
4 | the Solicitation for Charity Act or Section 501(c)(3) of | ||||||
5 | the United States Internal Revenue Code .
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6 | (6.2) Theft of property exceeding $500,000 in value is | ||||||
7 | a Class 1
non-probationable
felony.
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8 | (7) Theft by deception, as described by paragraph (2) | ||||||
9 | of
subsection (a) of
this Section, in which the offender | ||||||
10 | obtained money or property valued at
$5,000 or more from a | ||||||
11 | victim 60 years of age or older is a Class 2 felony.
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12 | (c) When a charge of theft of property exceeding a | ||||||
13 | specified value
is brought, the value of the property involved | ||||||
14 | is an element of the offense
to be resolved by the trier of | ||||||
15 | fact as either exceeding or not exceeding
the specified value.
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16 | (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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