96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3934

 

Introduced 2/26/2009, by Rep. LaShawn K. Ford

 

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

    Amends the Criminal Code of 1961. Enhances the penalty for theft by one class higher if the offender falsely poses as a landlord or agent or employee of the landlord and obtains a rent payment or a security deposit from a tenant.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3934 LRB096 10494 RLC 20666 b

1     AN ACT concerning 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 changing
5 Section 16-1 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 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 as
17     would reasonably induce him to believe that the property
18     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 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
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
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.
10     (b) Sentence.
11         (1) Theft of property not from the person and not
12     exceeding $300 in value is a Class A misdemeanor.
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.
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
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.
8         (3) (Blank).
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.
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.
17         (5) Theft of property exceeding $10,000 and not
18     exceeding $100,000 in value is a Class 2 felony.
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.
23         (6) Theft of property exceeding $100,000 and not
24     exceeding $500,000 in value is a Class 1 felony.
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.
3         (6.2) Theft of property exceeding $500,000 in value is
4     a Class 1 non-probationable 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 is a Class 2 felony.
9         (8) Theft by deception, as described by paragraph (2)
10     of subsection (a) of this Section, in which the offender
11     falsely poses as a landlord or agent or employee of the
12     landlord and obtains a rent payment or a security deposit
13     from a tenant is a Class 3 felony if the rent payment or
14     security deposit obtained does not exceed $300.
15         (9) Theft by deception, as described by paragraph (2)
16     of subsection (a) of this Section, in which the offender
17     falsely poses as a landlord or agent or employee of the
18     landlord and obtains a rent payment or a security deposit
19     from a tenant is a Class 2 felony if the rent payment or
20     security deposit obtained exceeds $300 and does not exceed
21     $10,000.
22         (10) Theft by deception, as described by paragraph (2)
23     of subsection (a) of this Section, in which the offender
24     falsely poses as a landlord or agent or employee of the
25     landlord and obtains a rent payment or a security deposit
26     from a tenant is a Class 1 felony if the rent payment or

 

 

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1     security deposit obtained exceeds $10,000 and does not
2     exceed $100,000.
3         (11) Theft by deception, as described by paragraph (2)
4     of subsection (a) of this Section, in which the offender
5     falsely poses as a landlord or agent or employee of the
6     landlord and obtains a rent payment or a security deposit
7     from a tenant is a Class X felony if the rent payment or
8     security deposit obtained exceeds $100,000.
9     (c) When a charge of theft of property exceeding a
10 specified value is brought, the value of the property involved
11 is an element of the offense to be resolved by the trier of
12 fact as either exceeding or not exceeding the specified value.
13 (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)