Sen. Neil Anderson

Filed: 5/2/2016





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