Full Text of HB1434 94th General Assembly
HB1434enr 94TH GENERAL ASSEMBLY
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HB1434 Enrolled |
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LRB094 07700 RLC 37876 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16-1 and by adding Section 15-10 as follows: | 6 |
| (720 ILCS 5/15-10 new) | 7 |
| Sec. 15-10. Governmental property. As used in this Part C, | 8 |
| "governmental property" means funds or other property owned by | 9 |
| the State, a unit of local government, or a school district.
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| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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| Sec. 16-1. Theft.
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| (a) A person commits theft when he knowingly:
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| (1) Obtains or exerts unauthorized control over | 14 |
| property of the
owner; or
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| (2) Obtains by deception control over property of the | 16 |
| owner; or
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| (3) Obtains by threat control over property of the | 18 |
| owner; or
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| (4) Obtains control over stolen property knowing the | 20 |
| property to
have been stolen or under such circumstances as | 21 |
| would
reasonably induce him to believe that the property | 22 |
| was stolen; or
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| (5) Obtains or exerts control over property in the | 24 |
| custody of any law
enforcement agency which is explicitly | 25 |
| represented to him by any law
enforcement officer or any | 26 |
| individual acting in behalf of a law enforcement
agency as | 27 |
| being stolen, and
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| (A) Intends to deprive the owner permanently of the | 29 |
| use or
benefit of the property; or
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| (B) Knowingly uses, conceals or abandons the | 31 |
| property in such
manner as to deprive the owner |
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LRB094 07700 RLC 37876 b |
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| permanently of such use or benefit; or
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| (C) Uses, conceals, or abandons the property | 3 |
| knowing such use,
concealment or abandonment probably | 4 |
| will deprive the owner permanently
of such use or | 5 |
| benefit.
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| (b) Sentence.
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| (1) Theft of property not from the person and
not | 8 |
| exceeding $300 in value is a Class A misdemeanor.
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| (1.1) Theft of property not from the person and
not | 10 |
| exceeding $300 in value is a Class 4 felony if the theft | 11 |
| was committed in a
school or place of worship or if the | 12 |
| theft was of governmental property .
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| (2) A person who has been convicted of theft of | 14 |
| property not from the
person and not exceeding
$300 in | 15 |
| value who has been
previously convicted of any type of | 16 |
| theft, robbery, armed robbery,
burglary, residential | 17 |
| burglary, possession of burglary tools, home
invasion, | 18 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 19 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 20 |
| possession of a stolen or
converted motor vehicle, or a | 21 |
| violation of Section 8 of the Illinois Credit
Card and | 22 |
| Debit Card Act is guilty of a Class 4 felony. When a person | 23 |
| has any
such prior
conviction, the information or | 24 |
| indictment charging that person shall state
such prior | 25 |
| conviction so as to give notice of the State's intention to
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| treat the charge as a felony. The fact of such prior | 27 |
| conviction is not an
element of the offense and may not be | 28 |
| disclosed to the jury during trial
unless otherwise | 29 |
| permitted by issues properly raised during such trial.
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| (3) (Blank).
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| (4) Theft of property from the person not exceeding | 32 |
| $300 in value, or
theft of
property exceeding $300 and not | 33 |
| exceeding $10,000 in value, is a
Class 3 felony.
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| (4.1) Theft of property from the person not exceeding | 35 |
| $300 in value, or
theft of property exceeding $300 and not | 36 |
| exceeding $10,000 in value, is a Class
2 felony if the |
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| theft was committed in a school or place of worship or if | 2 |
| the theft was of governmental property .
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| (5) Theft of property exceeding $10,000 and not | 4 |
| exceeding
$100,000 in value is a Class 2 felony.
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| (5.1) Theft of property exceeding $10,000 and not | 6 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 7 |
| theft was committed in a school or place of worship or if | 8 |
| the theft was of governmental property .
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| (6) Theft of property exceeding $100,000 and not | 10 |
| exceeding $500,000 in
value is a Class 1 felony.
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| (6.1) Theft of property exceeding $100,000 in value is | 12 |
| a Class X felony
if the theft was committed in a school or | 13 |
| place of worship or if the theft was of governmental | 14 |
| property .
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| (6.2) Theft of property exceeding $500,000 in value is | 16 |
| a Class 1
non-probationable
felony.
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| (7) Theft by deception, as described by paragraph (2) | 18 |
| of
subsection (a) of
this Section, in which the offender | 19 |
| obtained money or property valued at
$5,000 or more from a | 20 |
| victim 60 years of age or older is a Class 2 felony.
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| (c) When a charge of theft of property exceeding a | 22 |
| specified value
is brought, the value of the property involved | 23 |
| is an element of the offense
to be resolved by the trier of | 24 |
| fact as either exceeding or not exceeding
the specified value.
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| (Source: P.A. 92-16, eff. 6-28-01; 93-520, eff. 8-6-03.)
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