102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2402

 

Introduced 2/17/2021, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1  from Ch. 38, par. 16-1
720 ILCS 5/16-25

    Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Provides that an enhancement from a misdemeanor to a felony based on a prior conviction must only be for felony theft.


LRB102 10972 KMF 16304 b

 

 

A BILL FOR

 

HB2402LRB102 10972 KMF 16304 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 16-1 and 16-25 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 or she knowingly:
9        (1) Obtains or exerts unauthorized control over
10    property of the owner; or
11        (2) Obtains by deception control over property of the
12    owner; or
13        (3) Obtains by threat control over property of the
14    owner; or
15        (4) Obtains control over stolen property knowing the
16    property to have been stolen or under such circumstances
17    as would reasonably induce him or her to believe that the
18    property was stolen; or
19        (5) Obtains or exerts control over property in the
20    custody of any law enforcement agency which any law
21    enforcement officer or any individual acting in behalf of
22    a law enforcement agency explicitly represents to the
23    person as being stolen or represents to the person such

 

 

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1    circumstances as would reasonably induce the person to
2    believe that the property was stolen, and
3            (A) Intends to deprive the owner permanently of
4        the use or benefit of the property; or
5            (B) Knowingly uses, conceals or abandons the
6        property in such manner as to deprive the owner
7        permanently of such use or benefit; or
8            (C) Uses, conceals, or abandons the property
9        knowing such use, concealment or abandonment probably
10        will deprive the owner permanently of such use or
11        benefit.
12    (b) Sentence.
13        (1) Theft of property not from the person and not
14    exceeding $2,000 $500 in value is a Class A misdemeanor.
15        (1.1) Theft of property not from the person and not
16    exceeding $2,000 $500 in value is a Class 4 felony if the
17    theft was committed in a school or place of worship or if
18    the theft was of governmental property.
19        (2) A person who has been convicted of theft of
20    property not from the person and not exceeding $2,000 $500
21    in value who has been previously convicted of felony any
22    type of theft, robbery, armed robbery, burglary,
23    residential burglary, possession of burglary tools, home
24    invasion, forgery, a violation of Section 4-103, 4-103.1,
25    4-103.2, or 4-103.3 of the Illinois Vehicle Code relating
26    to the possession of a stolen or converted motor vehicle,

 

 

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1    or a violation of Section 17-36 of the Criminal Code of
2    1961 or the Criminal Code of 2012, or Section 8 of the
3    Illinois Credit Card and Debit Card Act is guilty of a
4    Class 4 felony.
5        (3) (Blank).
6        (4) Theft of property from the person not exceeding
7    $500 in value, or theft of property exceeding $2,000 $500
8    and not exceeding $10,000 in value, is a Class 3 felony.
9        (4.1) Theft of property from the person not exceeding
10    $500 in value, or theft of property exceeding $2,000 $500
11    and not exceeding $10,000 in value, is a Class 2 felony if
12    the theft was committed in a school or place of worship or
13    if the theft was of governmental property.
14        (5) Theft of property exceeding $10,000 and not
15    exceeding $100,000 in value is a Class 2 felony.
16        (5.1) Theft of property exceeding $10,000 and not
17    exceeding $100,000 in value is a Class 1 felony if the
18    theft was committed in a school or place of worship or if
19    the theft was of governmental property.
20        (6) Theft of property exceeding $100,000 and not
21    exceeding $500,000 in value is a Class 1 felony.
22        (6.1) Theft of property exceeding $100,000 in value is
23    a Class X felony if the theft was committed in a school or
24    place of worship or if the theft was of governmental
25    property.
26        (6.2) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value is a Class 1
2    non-probationable felony.
3        (6.3) Theft of property exceeding $1,000,000 in value
4    is a Class X felony.
5        (7) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, in which the offender
7    obtained money or property valued at $5,000 or more from a
8    victim 60 years of age or older or a person with a
9    disability is a Class 2 felony.
10        (8) Theft by deception, as described by paragraph (2)
11    of subsection (a) of this Section, in which the offender
12    falsely poses as a landlord or agent or employee of the
13    landlord and obtains a rent payment or a security deposit
14    from a tenant is a Class 3 felony if the rent payment or
15    security deposit obtained does not exceed $500.
16        (9) Theft by deception, as described by paragraph (2)
17    of subsection (a) of this Section, in which the offender
18    falsely poses as a landlord or agent or employee of the
19    landlord and obtains a rent payment or a security deposit
20    from a tenant is a Class 2 felony if the rent payment or
21    security deposit obtained exceeds $500 and does not exceed
22    $10,000.
23        (10) Theft by deception, as described by paragraph (2)
24    of subsection (a) of this Section, in which the offender
25    falsely poses as a landlord or agent or employee of the
26    landlord and obtains a rent payment or a security deposit

 

 

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1    from a tenant is a Class 1 felony if the rent payment or
2    security deposit obtained exceeds $10,000 and does not
3    exceed $100,000.
4        (11) Theft by deception, as described by paragraph (2)
5    of subsection (a) of this Section, in which the offender
6    falsely poses as a landlord or agent or employee of the
7    landlord and obtains a rent payment or a security deposit
8    from a tenant is a Class X felony if the rent payment or
9    security deposit obtained exceeds $100,000.
10    (c) When a charge of theft of property exceeding a
11specified value is brought, the value of the property involved
12is an element of the offense to be resolved by the trier of
13fact as either exceeding or not exceeding the specified value.
14    (d) Theft by lessee; permissive inference. The trier of
15fact may infer evidence that a person intends to deprive the
16owner permanently of the use or benefit of the property (1) if
17a lessee of the personal property of another fails to return it
18to the owner within 10 days after written demand from the owner
19for its return or (2) if a lessee of the personal property of
20another fails to return it to the owner within 24 hours after
21written demand from the owner for its return and the lessee had
22presented identification to the owner that contained a
23materially fictitious name, address, or telephone number. A
24notice in writing, given after the expiration of the leasing
25agreement, addressed and mailed, by registered mail, to the
26lessee at the address given by him and shown on the leasing

 

 

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1agreement shall constitute proper demand.
2    (e) Permissive inference; evidence of intent that a person
3obtains by deception control over property. The trier of fact
4may infer that a person "knowingly obtains by deception
5control over property of the owner" when he or she fails to
6return, within 45 days after written demand from the owner,
7the downpayment and any additional payments accepted under a
8promise, oral or in writing, to perform services for the owner
9for consideration of $3,000 or more, and the promisor
10knowingly without good cause failed to substantially perform
11pursuant to the agreement after taking a down payment of 10% or
12more of the agreed upon consideration. This provision shall
13not apply where the owner initiated the suspension of
14performance under the agreement, or where the promisor
15responds to the notice within the 45-day notice period. A
16notice in writing, addressed and mailed, by registered mail,
17to the promisor at the last known address of the promisor,
18shall constitute proper demand.
19    (f) Offender's interest in the property.
20        (1) It is no defense to a charge of theft of property
21    that the offender has an interest therein, when the owner
22    also has an interest to which the offender is not
23    entitled.
24        (2) Where the property involved is that of the
25    offender's spouse, no prosecution for theft may be
26    maintained unless the parties were not living together as

 

 

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1    man and wife and were living in separate abodes at the time
2    of the alleged theft.
3(Source: P.A. 101-394, eff. 1-1-20.)
 
4    (720 ILCS 5/16-25)
5    Sec. 16-25. Retail theft.
6    (a) A person commits retail theft when he or she
7knowingly:
8        (1) Takes possession of, carries away, transfers or
9    causes to be carried away or transferred any merchandise
10    displayed, held, stored or offered for sale in a retail
11    mercantile establishment with the intention of retaining
12    such merchandise or with the intention of depriving the
13    merchant permanently of the possession, use or benefit of
14    such merchandise without paying the full retail value of
15    such merchandise; or
16        (2) Alters, transfers, or removes any label, price
17    tag, marking, indicia of value or any other markings which
18    aid in determining value affixed to any merchandise
19    displayed, held, stored or offered for sale in a retail
20    mercantile establishment and attempts to purchase such
21    merchandise at less than the full retail value with the
22    intention of depriving the merchant of the full retail
23    value of such merchandise; or
24        (3) Transfers any merchandise displayed, held, stored
25    or offered for sale in a retail mercantile establishment

 

 

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1    from the container in or on which such merchandise is
2    displayed to any other container with the intention of
3    depriving the merchant of the full retail value of such
4    merchandise; or
5        (4) Under-rings with the intention of depriving the
6    merchant of the full retail value of the merchandise; or
7        (5) Removes a shopping cart from the premises of a
8    retail mercantile establishment without the consent of the
9    merchant given at the time of such removal with the
10    intention of depriving the merchant permanently of the
11    possession, use or benefit of such cart; or
12        (6) Represents to a merchant that he, she, or another
13    is the lawful owner of property, knowing that such
14    representation is false, and conveys or attempts to convey
15    that property to a merchant who is the owner of the
16    property in exchange for money, merchandise credit or
17    other property of the merchant; or
18        (7) Uses or possesses any theft detection shielding
19    device or theft detection device remover with the
20    intention of using such device to deprive the merchant
21    permanently of the possession, use or benefit of any
22    merchandise displayed, held, stored or offered for sale in
23    a retail mercantile establishment without paying the full
24    retail value of such merchandise; or
25        (8) Obtains or exerts unauthorized control over
26    property of the owner and thereby intends to deprive the

 

 

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1    owner permanently of the use or benefit of the property
2    when a lessee of the personal property of another fails to
3    return it to the owner, or if the lessee fails to pay the
4    full retail value of such property to the lessor in
5    satisfaction of any contractual provision requiring such,
6    within 10 days after written demand from the owner for its
7    return. A notice in writing, given after the expiration of
8    the leasing agreement, by registered mail, to the lessee
9    at the address given by the lessee and shown on the leasing
10    agreement shall constitute proper demand.
11    (b) Theft by emergency exit. A person commits theft by
12emergency exit when he or she commits a retail theft as defined
13in subdivisions (a)(1) through (a)(8) of this Section and to
14facilitate the theft he or she leaves the retail mercantile
15establishment by use of a designated emergency exit.
16    (c) Permissive inference. If any person:
17        (1) conceals upon his or her person or among his or her
18    belongings unpurchased merchandise displayed, held, stored
19    or offered for sale in a retail mercantile establishment;
20    and
21        (2) removes that merchandise beyond the last known
22    station for receiving payments for that merchandise in
23    that retail mercantile establishment,
24then the trier of fact may infer that the person possessed,
25carried away or transferred such merchandise with the
26intention of retaining it or with the intention of depriving

 

 

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1the merchant permanently of the possession, use or benefit of
2such merchandise without paying the full retail value of such
3merchandise.
4    To "conceal" merchandise means that, although there may be
5some notice of its presence, that merchandise is not visible
6through ordinary observation.
7    (d) Venue. Multiple thefts committed by the same person as
8part of a continuing course of conduct in different
9jurisdictions that have been aggregated in one jurisdiction
10may be prosecuted in any jurisdiction in which one or more of
11the thefts occurred.
12    (e) For the purposes of this Section, "theft detection
13shielding device" means any laminated or coated bag or device
14designed and intended to shield merchandise from detection by
15an electronic or magnetic theft alarm sensor.
16    (f) Sentence.
17        (1) A violation of any of subdivisions (a)(1) through
18    (a)(6) and (a)(8) of this Section, the full retail value
19    of which does not exceed $2,000 $300 for property other
20    than motor fuel or $150 for motor fuel, is a Class A
21    misdemeanor. A violation of subdivision (a)(7) of this
22    Section is a Class A misdemeanor for a first offense and a
23    Class 4 felony for a second or subsequent offense. Theft
24    by emergency exit of property, the full retail value of
25    which does not exceed $2,000 $300, is a Class 4 felony.
26        (2) A person who has been convicted of retail theft of

 

 

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1    property under any of subdivisions (a)(1) through (a)(6)
2    and (a)(8) of this Section, the full retail value of which
3    does not exceed $2,000 $300 for property other than motor
4    fuel or $150 for motor fuel, and who has been previously
5    convicted of any type of theft, robbery, armed robbery,
6    burglary, residential burglary, possession of burglary
7    tools, home invasion, unlawful use of a credit card, or
8    forgery is guilty of a Class 4 felony. A person who has
9    been convicted of theft by emergency exit of property, the
10    full retail value of which does not exceed $2,000 $300,
11    and who has been previously convicted of felony any type
12    of theft, robbery, armed robbery, burglary, residential
13    burglary, possession of burglary tools, home invasion,
14    unlawful use of a credit card, or forgery is guilty of a
15    Class 3 felony.
16        (3) Any retail theft of property under any of
17    subdivisions (a)(1) through (a)(6) and (a)(8) of this
18    Section, the full retail value of which exceeds $2,000
19    $300 for property other than motor fuel or $150 for motor
20    fuel in a single transaction, or in separate transactions
21    committed by the same person as part of a continuing
22    course of conduct from one or more mercantile
23    establishments over a period of one year, is a Class 3
24    felony. Theft by emergency exit of property, the full
25    retail value of which exceeds $2,000 $300 in a single
26    transaction, or in separate transactions committed by the

 

 

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1    same person as part of a continuing course of conduct from
2    one or more mercantile establishments over a period of one
3    year, is a Class 2 felony. When a charge of retail theft of
4    property or theft by emergency exit of property, the full
5    value of which exceeds $2,000 $300, is brought, the value
6    of the property involved is an element of the offense to be
7    resolved by the trier of fact as either exceeding or not
8    exceeding $2,000 $300.
9(Source: P.A. 97-597, eff. 1-1-12.)