Illinois General Assembly - Full Text of SB1120
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Full Text of SB1120  99th General Assembly


Sen. Neil Anderson

Filed: 4/28/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 1120 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 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



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1a "driveaway" service mode of transportation, (3) renting or
2leasing equipment including tools, construction or industry
3equipment, and such items as linens, tableware, tents, tables,
4chairs and other equipment specially rented for a party or
5special event, or (4) renting or leasing any other type of
6personal property, exceeding $500 in value, under an agreement
7in writing which provides for the return of the vehicle,
8equipment, or other personal property to a particular place at
9a particular time, he or she without good cause knowingly fails
10to return the vehicle, equipment, or other personal property to
11that place within the time specified, and is thereafter served
12or sent a written demand mailed to the last known address, made
13by certified mail return receipt requested, to return the such
14vehicle, equipment, or other personal property within 3 days
15from the mailing of the written demand, and who without good
16cause knowingly fails to return the vehicle, equipment, or any
17other personal property to any place of business of the lessor
18within the return such period. The trier of fact may infer
19evidence that the person is without good cause if the person
20signs the agreement with a name or address other than his or
21her own.
22    (c) A person commits theft when he or she borrows from a
23library facility library material which has an aggregate value
24of $50 or more pursuant to an agreement with or procedure
25established by the library facility for the return of such
26library material, and knowingly without good cause fails to



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1return the library material so borrowed in accordance with such
2agreement or procedure, and further knowingly without good
3cause fails to return such library material within 30 days
4after receiving written notice by certified mail from the
5library facility demanding the return of such library material.
6    (d) Sentence.
7    A person convicted of theft under subsection (a) is guilty
8of a Class A misdemeanor, except that the theft of library
9material where the aggregate value exceeds $300 is a Class 3
10felony. A person convicted of theft under subsection (b) of
11this Section is guilty of a Class 4 felony. A person convicted
12of theft under subsection (c) is guilty of a petty offense for
13which the offender may be fined an amount not to exceed $500
14and shall be ordered to reimburse the library for postage
15costs, attorney's fees, and actual replacement costs of the
16materials not returned, except that theft under subsection (c)
17where the aggregate value exceeds $300 is a Class 3 felony. In
18addition to any other penalty imposed, the court may order a
19person convicted under this Section to make restitution to the
20victim of the offense.
21    For the purpose of sentencing on theft of library material,
22separate transactions totalling more than $300 within a 90-day
23period shall constitute a single offense.
24(Source: P.A. 97-597, eff. 1-1-12.)
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".