SB1120 EnrolledLRB099 05301 RLC 25336 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 changing
5Section 16-3 as follows:
6    (720 ILCS 5/16-3)  (from Ch. 38, par. 16-3)
7    Sec. 16-3. Theft of labor or services or use of property.
8    (a) A person commits theft when he or she knowingly obtains
9the temporary use of property, labor or services of another
10which are available only for hire, by means of threat or
11deception or knowing that such use is without the consent of
12the person providing the property, labor or services. For the
13purposes of this subsection, library material is available for
15    (b) A person commits theft when after (1) renting or
16leasing a motor vehicle, (2) obtaining a motor vehicle through
17a "driveaway" service mode of transportation, (3) renting or
18leasing equipment exceeding $500 in value including tools,
19construction or industry equipment, and such items as linens,
20tableware, tents, tables, chairs and other equipment specially
21rented for a party or special event, or (4) renting or leasing
22any other type of personal property exceeding $500 in value,
23under an agreement in writing which provides for the return of



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1the vehicle, equipment, or other personal property to a
2particular place at a particular time, he or she without good
3cause knowingly fails to return the vehicle, equipment, or
4other personal property to that place within the time
5specified, and is thereafter served or sent a written demand
6mailed to the last known address, made by certified mail return
7receipt requested, to return the such vehicle, equipment, or
8other personal property within 3 days from the mailing of the
9written demand, and who without good cause knowingly fails to
10return the vehicle, equipment, or any other personal property
11to any place of business of the lessor within the return such
12period. The trier of fact may infer evidence that the person is
13without good cause if the person signs the agreement with a
14name or address other than his or her own.
15    (c) A person commits theft when he or she borrows from a
16library facility library material which has an aggregate value
17of $50 or more pursuant to an agreement with or procedure
18established by the library facility for the return of such
19library material, and knowingly without good cause fails to
20return the library material so borrowed in accordance with such
21agreement or procedure, and further knowingly without good
22cause fails to return such library material within 30 days
23after receiving written notice by certified mail from the
24library facility demanding the return of such library material.
25    (d) Sentence.
26    A person convicted of theft under subsection (a) is guilty



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1of a Class A misdemeanor, except that the theft of library
2material where the aggregate value exceeds $300 is a Class 3
3felony. A person convicted of theft under subsection (b) of
4this Section is guilty of a Class 4 felony. A person convicted
5of theft under subsection (c) is guilty of a petty offense for
6which the offender may be fined an amount not to exceed $500
7and shall be ordered to reimburse the library for postage
8costs, attorney's fees, and actual replacement costs of the
9materials not returned, except that theft under subsection (c)
10where the aggregate value exceeds $300 is a Class 3 felony. In
11addition to any other penalty imposed, the court may order a
12person convicted under this Section to make restitution to the
13victim of the offense.
14    For the purpose of sentencing on theft of library material,
15separate transactions totalling more than $300 within a 90-day
16period shall constitute a single offense.
17(Source: P.A. 97-597, eff. 1-1-12.)