HB3014eng 98TH GENERAL ASSEMBLY

HB3014 Engrossed LRB098 07808 RLC 37890 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Theft of recyclable metal.

(a) A person commits theft of recyclable metal when, without the consent of the owner, he or she knowingly obtains or exerts control over property of the owner or aids or assists in obtaining or exerting control over property of the owner:

(1) consisting of any recyclable metal as defined in Section 2 of the Recyclable Metal Purchase Registration Law; and

(2) which is manufactured, sold, or used as:

(A) telegraph, telephone, cable telecommunications, or electric transmission or distribution equipment including, but not limited to, wires, transformers, grounds, grounding straps or wire, poles, pedestals, or underground equipment;

(B) telephone, cable telecommunications, or electric power line equipment;

(C) a wire or fiber insulator, power supply, transformer, grounding system, transmission or other apparatus, equipment or fixture used in the transmission of telegraph, telephone, cable telecommunications, or electrical power service;

(D) equipment related to wireless communications regulated by the Federal Communications Commission;

(E) a fire hydrant, gutter, downspout, plumbing pipe, or plumbing fixture;

(F) an irrigation unit including a cable, pump, or power supply;

(G) a heating, ventilation, or air conditioning unit or system, or any component of a heating, ventilation, or air conditioning unit or system; or

(H) a guardrail, manhole cover, historical marker, or cemetery plaque.

(b) A person also commits theft of recyclable metal when he or she, in committing theft of recyclable metal under subsection (a), knowingly damages or destroys any property of another by removing or damaging recyclable metal components of that property.

(c) Sentence.

(1) Theft of recyclable metal not exceeding $500 in value is a Class 4 felony.

(2) Theft of recyclable metal not exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 3 felony.

(3) Theft of recyclable metal exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony.

(4) Theft of recyclable metal exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 1 felony.

(5) Theft of recyclable metal exceeding $10,000 in value is a Class 1 felony.

(6) For the purpose of this Section, "value" means the sum of:

(A) the fair market value of any recyclable metal unlawfully obtained or controlled under subsection (a) of this Section;

(B) the fair market value of any property damaged or destroyed under subsection (b) of this Section; and

(C) the cost of restoring electric, water, gas, or other utility service if the theft of recyclable metal proximately causes an interruption in the utility service.