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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6192 Introduced 2/11/2016, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | 720 ILCS 5/16-25 | |
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Amends the Criminal Code of 2012. Increases the threshold amounts for enhanced penalties for theft (from over $500 to over $1,000) and for retail theft (from over $300 to over $500). Provides that enhanced penalties for theft and retail theft apply to third or subsequent convictions rather than for second or subsequent convictions. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| | HB6192 | | LRB099 17057 RLC 41415 b |
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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 2012 is amended by changing |
5 | | Sections 16-1 and 16-25 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 or she 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 or her to believe that the |
18 | | property 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 any law |
21 | | enforcement officer or any individual acting in behalf of a |
22 | | law enforcement agency explicitly represents to the person |
23 | | 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
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3 | | (A) Intends to deprive the owner permanently of the |
4 | | use or
benefit of the property; or
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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
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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.
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12 | | (b) Sentence.
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13 | | (1) Theft of property not from the person and
not |
14 | | exceeding $1,000 $500 in value is a Class A misdemeanor.
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15 | | (1.1) Theft of property not from the person and
not |
16 | | exceeding $1,000 $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.
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19 | | (2) A person who has been convicted of theft of |
20 | | property not from the
person and not exceeding
$1,000 $500 |
21 | | in value who has 2 or more prior convictions been
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22 | | previously convicted of any type of theft, robbery, armed |
23 | | robbery,
burglary, residential burglary, possession of |
24 | | burglary tools, home
invasion, forgery, a violation of |
25 | | Section 4-103, 4-103.1, 4-103.2, or 4-103.3
of the Illinois |
26 | | Vehicle Code relating to the possession of a stolen or
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1 | | converted motor vehicle, or a violation of Section 17-36 of |
2 | | the Criminal Code of 1961 or the Criminal Code of 2012, or |
3 | | Section 8 of the Illinois Credit
Card and Debit Card Act is |
4 | | guilty of a Class 4 felony.
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5 | | (3) (Blank).
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6 | | (4) Theft of property from the person not exceeding |
7 | | $1,000 $500 in value, or
theft of
property exceeding $1,000 |
8 | | $500 and not exceeding $10,000 in value, is a
Class 3 |
9 | | felony.
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10 | | (4.1) Theft of property from the person not exceeding |
11 | | $1,000 $500 in value, or
theft of property exceeding $1,000 |
12 | | $500 and not exceeding $10,000 in value, is a Class
2 |
13 | | felony if the theft was committed in a school or place of |
14 | | worship or if the theft was of governmental property.
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15 | | (5) Theft of property exceeding $10,000 and not |
16 | | exceeding
$100,000 in value is a Class 2 felony.
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17 | | (5.1) Theft of property exceeding $10,000 and not |
18 | | exceeding $100,000 in
value is a Class 1 felony
if the |
19 | | theft was committed in a school or place of worship or if |
20 | | the theft was of governmental property.
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21 | | (6) Theft of property exceeding $100,000 and not |
22 | | exceeding $500,000 in
value is a Class 1 felony.
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23 | | (6.1) Theft of property exceeding $100,000 in value is |
24 | | a Class X felony
if the theft was committed in a school or |
25 | | place of worship or if the theft was of governmental |
26 | | property.
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1 | | (6.2) Theft of property exceeding $500,000 and not |
2 | | exceeding $1,000,000 in value is a Class 1
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3 | | non-probationable
felony.
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4 | | (6.3) Theft of property exceeding $1,000,000 in value |
5 | | is a Class X felony.
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6 | | (7) Theft by deception, as described by paragraph (2) |
7 | | of
subsection (a) of
this Section, in which the offender |
8 | | obtained money or property valued at
$5,000 or more from a |
9 | | victim 60 years of age or older is a Class 2 felony.
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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 |
11 | | specified value
is brought, the value of the property involved |
12 | | is an element of the offense
to be resolved by the trier of |
13 | | fact as either exceeding or not exceeding
the specified value.
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14 | | (d) Theft by lessee; permissive inference. The trier of |
15 | | fact may infer evidence that a person intends to deprive the |
16 | | owner permanently of the use or benefit of the property (1) if |
17 | | a
lessee of the personal property of another fails to return it |
18 | | to the
owner within 10 days after written demand from the owner |
19 | | for its
return or (2) if a lessee of the personal property of |
20 | | another fails to return
it to the owner within 24 hours after |
21 | | written demand from the owner for its
return and the lessee had |
22 | | presented identification to the owner that contained
a |
23 | | materially fictitious name, address, or telephone number. A |
24 | | notice in
writing, given after the expiration of the leasing |
25 | | agreement, addressed and
mailed, by registered mail, to the |
26 | | lessee at the address given by him and shown
on the leasing |
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1 | | agreement shall constitute proper demand. |
2 | | (e) Permissive inference; evidence of intent that a person |
3 | | obtains by deception control over property. The trier of fact |
4 | | may infer that a person
"knowingly obtains by deception control |
5 | | over property of the owner" when he or she
fails to return, |
6 | | within 45 days after written demand from the owner, the
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7 | | downpayment and any additional payments accepted under a |
8 | | promise, oral or
in writing, to perform services for the owner |
9 | | for consideration of $3,000
or more, and the promisor knowingly |
10 | | without good cause failed to
substantially perform pursuant to |
11 | | the agreement after taking a down payment
of 10% or more of the |
12 | | agreed upon consideration.
This provision shall not apply where |
13 | | the owner initiated the suspension of
performance under the |
14 | | agreement, or where the promisor responds to the
notice within |
15 | | the 45-day notice period. A notice in writing, addressed and
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16 | | mailed, by registered mail, to the promisor at the last known |
17 | | address of
the promisor, shall constitute proper demand. |
18 | | (f) Offender's interest in the property. |
19 | | (1) It is no defense to a charge of theft of property |
20 | | that the offender
has an interest therein, when the owner |
21 | | also has an interest to which the
offender is not entitled. |
22 | | (2) Where the property involved is that of the |
23 | | offender's spouse, no
prosecution for theft may be |
24 | | maintained unless the parties were not living
together as |
25 | | man and wife and were living in separate abodes at the time |
26 | | of
the alleged theft. |
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1 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; |
2 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. |
3 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, |
4 | | eff. 1-25-13.) |
5 | | (720 ILCS 5/16-25) |
6 | | Sec. 16-25. Retail theft. |
7 | | (a) A person commits retail theft when he or she knowingly:
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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
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13 | | merchant permanently of the possession, use or benefit of |
14 | | such
merchandise without paying the full retail value of |
15 | | such merchandise; or
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16 | | (2) Alters, transfers, or removes any label, price tag, |
17 | | marking,
indicia of value or any other markings which aid |
18 | | in determining value
affixed to any merchandise displayed, |
19 | | held, stored or offered for sale
in a retail mercantile |
20 | | establishment and attempts to purchase such
merchandise at |
21 | | less than the full
retail value with the intention of |
22 | | depriving the merchant of the full
retail value of such |
23 | | merchandise; or
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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
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4 | | merchandise; or
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5 | | (4) Under-rings with the intention of depriving the |
6 | | merchant of the
full retail value of the merchandise; or
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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
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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 other |
17 | | property of the merchant; or
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18 | | (7) Uses or possesses any theft detection shielding |
19 | | device or theft
detection device remover with the intention |
20 | | of using such device to deprive
the merchant permanently of |
21 | | the possession, use or benefit of any
merchandise |
22 | | displayed, held, stored or offered for sale in a retail
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23 | | mercantile establishment without paying the full retail |
24 | | value of such
merchandise; or
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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
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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
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7 | | return. A notice in writing, given after the expiration of |
8 | | the leasing
agreement, by registered mail, to the lessee at |
9 | | 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 |
12 | | emergency exit when he or she commits a retail theft as defined |
13 | | in subdivisions (a)(1) through (a)(8) of this Section and to |
14 | | facilitate the theft he or she leaves the retail mercantile |
15 | | establishment by use of a designated emergency exit. |
16 | | (c) Permissive inference. If any person:
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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
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21 | | (2) removes that merchandise beyond the last known |
22 | | station for
receiving payments for that merchandise in that |
23 | | retail mercantile
establishment, |
24 | | then the trier of fact may infer that the person possessed, |
25 | | carried
away or transferred such merchandise with the intention |
26 | | of retaining it
or with the intention of depriving the merchant |
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1 | | permanently of the
possession, use or benefit of such |
2 | | merchandise without paying the full
retail value of such |
3 | | merchandise. |
4 | | To "conceal" merchandise means that, although there may be |
5 | | some notice of its presence, that merchandise is not visible |
6 | | through ordinary observation. |
7 | | (d) Venue. Multiple thefts committed by the same person as |
8 | | part of a continuing course of conduct in different |
9 | | jurisdictions that have been aggregated in one jurisdiction may |
10 | | be prosecuted in any jurisdiction in which one or more of the |
11 | | thefts occurred. |
12 | | (e) For the purposes of this Section, "theft detection |
13 | | shielding device" means any laminated or coated bag or device |
14 | | designed and intended to shield merchandise from detection by |
15 | | an 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 of |
19 | | which does not exceed $500 $300 for property other than |
20 | | 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 third second or subsequent offense. |
24 | | Theft by emergency exit of property, the full retail
value |
25 | | of which does not exceed $500 $300 , is a Class 4 felony.
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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 $500 $300 for property other than motor |
4 | | fuel or $150 for motor fuel, and who has 2 or more prior |
5 | | convictions been
previously convicted of any type of theft, |
6 | | robbery, armed robbery,
burglary, residential burglary, |
7 | | possession of burglary tools, home
invasion, unlawful use |
8 | | of a credit card, or forgery is guilty of a Class 4 felony. |
9 | | A person who has been convicted of theft by emergency exit |
10 | | of property, the
full retail value of which does not exceed |
11 | | $500 $300 , and who has 2 or more prior convictions been
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12 | | previously convicted of any type of theft, robbery, armed |
13 | | robbery,
burglary, residential burglary, possession of |
14 | | burglary tools, home
invasion, unlawful use of a credit |
15 | | card, or forgery is guilty of a Class 3 felony.
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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 $500 $300 |
19 | | for property other than motor fuel or $150 for motor fuel |
20 | | in a single transaction, or in separate transactions |
21 | | committed by the same person as part of a continuing course |
22 | | of conduct from one or more mercantile establishments over |
23 | | a period of one year, is a Class 3 felony.
Theft by |
24 | | emergency exit of property, the full retail value of
which |
25 | | exceeds $500 $300 in a single transaction, or in separate |
26 | | transactions committed by the same person as part of a |
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1 | | continuing course of conduct from one or more mercantile |
2 | | establishments over a period of one year, is a Class 2 |
3 | | felony. When a charge of retail theft of property or theft |
4 | | by emergency exit of property, the full value of which
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5 | | exceeds $500 $300 , is brought, the value of the property |
6 | | involved is an element
of the offense to be resolved by the |
7 | | trier of fact as either exceeding or
not exceeding $500 |
8 | | $300 .
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9 | | (Source: P.A. 97-597, eff. 1-1-12.)
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10 | | Section 99. Effective date. This Act takes effect upon |
11 | | becoming law.
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