Full Text of HB6192 099th General Assembly
HB6192 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6192 Introduced 2/11/2016, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | 720 ILCS 5/16-25 | |
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Amends the Criminal Code of 2012. Increases the threshold amounts for enhanced penalties for theft (from over $500 to over $1,000) and for retail theft (from over $300 to over $500). Provides that enhanced penalties for theft and retail theft apply to third or subsequent convictions rather than for second or subsequent convictions. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 16-1 and 16-25 as follows:
| 6 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 7 | | Sec. 16-1. Theft.
| 8 | | (a) A person commits theft when he or she knowingly:
| 9 | | (1) Obtains or exerts unauthorized control over | 10 | | property of the
owner; or
| 11 | | (2) Obtains by deception control over property of the | 12 | | owner; or
| 13 | | (3) Obtains by threat control over property of the | 14 | | owner; or
| 15 | | (4) Obtains control over stolen property knowing the | 16 | | property to
have been stolen or under such circumstances as | 17 | | would
reasonably induce him or her to believe that the | 18 | | property was stolen; or
| 19 | | (5) Obtains or exerts control over property in the | 20 | | custody of any law
enforcement agency which any law | 21 | | enforcement officer or any individual acting in behalf of a | 22 | | law enforcement agency explicitly represents to the person | 23 | | as being stolen or represents to the person such |
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| 1 | | circumstances as would reasonably induce the person to | 2 | | believe that the property was stolen, and
| 3 | | (A) Intends to deprive the owner permanently of the | 4 | | use or
benefit of the property; or
| 5 | | (B) Knowingly uses, conceals or abandons the | 6 | | property in such
manner as to deprive the owner | 7 | | permanently of such use or benefit; or
| 8 | | (C) Uses, conceals, or abandons the property | 9 | | knowing such use,
concealment or abandonment probably | 10 | | will deprive the owner permanently
of such use or | 11 | | benefit.
| 12 | | (b) Sentence.
| 13 | | (1) Theft of property not from the person and
not | 14 | | exceeding $1,000 $500 in value is a Class A misdemeanor.
| 15 | | (1.1) Theft of property not from the person and
not | 16 | | exceeding $1,000 $500 in value is a Class 4 felony if the | 17 | | theft was committed in a
school or place of worship or if | 18 | | the theft was of governmental property.
| 19 | | (2) A person who has been convicted of theft of | 20 | | property not from the
person and not exceeding
$1,000 $500 | 21 | | in value who has 2 or more prior convictions been
| 22 | | previously convicted of any type of theft, robbery, armed | 23 | | robbery,
burglary, residential burglary, possession of | 24 | | burglary tools, home
invasion, forgery, a violation of | 25 | | Section 4-103, 4-103.1, 4-103.2, or 4-103.3
of the Illinois | 26 | | Vehicle Code relating to the possession of a stolen or
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| 1 | | converted motor vehicle, or a violation of Section 17-36 of | 2 | | the Criminal Code of 1961 or the Criminal Code of 2012, or | 3 | | Section 8 of the Illinois Credit
Card and Debit Card Act is | 4 | | guilty of a Class 4 felony.
| 5 | | (3) (Blank).
| 6 | | (4) Theft of property from the person not exceeding | 7 | | $1,000 $500 in value, or
theft of
property exceeding $1,000 | 8 | | $500 and not exceeding $10,000 in value, is a
Class 3 | 9 | | felony.
| 10 | | (4.1) Theft of property from the person not exceeding | 11 | | $1,000 $500 in value, or
theft of property exceeding $1,000 | 12 | | $500 and not exceeding $10,000 in value, is a Class
2 | 13 | | felony if the theft was committed in a school or place of | 14 | | worship or if the theft was of governmental property.
| 15 | | (5) Theft of property exceeding $10,000 and not | 16 | | exceeding
$100,000 in value is a Class 2 felony.
| 17 | | (5.1) Theft of property exceeding $10,000 and not | 18 | | exceeding $100,000 in
value is a Class 1 felony
if the | 19 | | theft was committed in a school or place of worship or if | 20 | | the theft was of governmental property.
| 21 | | (6) Theft of property exceeding $100,000 and not | 22 | | exceeding $500,000 in
value is a Class 1 felony.
| 23 | | (6.1) Theft of property exceeding $100,000 in value is | 24 | | a Class X felony
if the theft was committed in a school or | 25 | | place of worship or if the theft was of governmental | 26 | | property.
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| 1 | | (6.2) Theft of property exceeding $500,000 and not | 2 | | exceeding $1,000,000 in value is a Class 1
| 3 | | non-probationable
felony.
| 4 | | (6.3) Theft of property exceeding $1,000,000 in value | 5 | | is a Class X felony.
| 6 | | (7) Theft by deception, as described by paragraph (2) | 7 | | of
subsection (a) of
this Section, in which the offender | 8 | | obtained money or property valued at
$5,000 or more from a | 9 | | victim 60 years of age or older is a Class 2 felony.
| 10 | | (8) Theft by deception, as described by paragraph (2) | 11 | | of
subsection (a) of
this Section, in which the offender | 12 | | falsely poses as a landlord or agent or employee of the | 13 | | landlord and obtains a rent payment or a security deposit | 14 | | from a tenant is a Class 3 felony if the rent payment or | 15 | | security deposit obtained does not exceed $500. | 16 | | (9) Theft by deception, as described by paragraph (2) | 17 | | of
subsection (a) of
this Section, in which the offender | 18 | | falsely poses as a landlord or agent or employee of the | 19 | | landlord and obtains a rent payment or a security deposit | 20 | | from a tenant is a Class 2 felony if the rent payment or | 21 | | security deposit obtained exceeds $500 and does not exceed | 22 | | $10,000. | 23 | | (10) Theft by deception, as described by paragraph (2) | 24 | | of
subsection (a) of
this Section, in which the offender | 25 | | falsely poses as a landlord or agent or employee of the | 26 | | landlord and obtains a rent payment or a security deposit |
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| 1 | | from a tenant is a Class 1 felony if the rent payment or | 2 | | security deposit obtained exceeds $10,000 and does not | 3 | | exceed $100,000. | 4 | | (11) Theft by deception, as described by paragraph (2) | 5 | | of
subsection (a) of
this Section, in which the offender | 6 | | falsely poses as a landlord or agent or employee of the | 7 | | landlord and obtains a rent payment or a security deposit | 8 | | from a tenant is a Class X felony if the rent payment or | 9 | | security deposit obtained exceeds $100,000. | 10 | | (c) When a charge of theft of property exceeding a | 11 | | specified value
is brought, the value of the property involved | 12 | | is an element of the offense
to be resolved by the trier of | 13 | | fact as either exceeding or not exceeding
the specified value.
| 14 | | (d) Theft by lessee; permissive inference. The trier of | 15 | | fact may infer evidence that a person intends to deprive the | 16 | | owner permanently of the use or benefit of the property (1) if | 17 | | a
lessee of the personal property of another fails to return it | 18 | | to the
owner within 10 days after written demand from the owner | 19 | | for its
return or (2) if a lessee of the personal property of | 20 | | another fails to return
it to the owner within 24 hours after | 21 | | written demand from the owner for its
return and the lessee had | 22 | | presented identification to the owner that contained
a | 23 | | materially fictitious name, address, or telephone number. A | 24 | | notice in
writing, given after the expiration of the leasing | 25 | | agreement, addressed and
mailed, by registered mail, to the | 26 | | lessee at the address given by him and shown
on the leasing |
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| 1 | | agreement shall constitute proper demand. | 2 | | (e) Permissive inference; evidence of intent that a person | 3 | | obtains by deception control over property. The trier of fact | 4 | | may infer that a person
"knowingly obtains by deception control | 5 | | over property of the owner" when he or she
fails to return, | 6 | | within 45 days after written demand from the owner, the
| 7 | | downpayment and any additional payments accepted under a | 8 | | promise, oral or
in writing, to perform services for the owner | 9 | | for consideration of $3,000
or more, and the promisor knowingly | 10 | | without good cause failed to
substantially perform pursuant to | 11 | | the agreement after taking a down payment
of 10% or more of the | 12 | | agreed upon consideration.
This provision shall not apply where | 13 | | the owner initiated the suspension of
performance under the | 14 | | agreement, or where the promisor responds to the
notice within | 15 | | the 45-day notice period. A notice in writing, addressed and
| 16 | | mailed, by registered mail, to the promisor at the last known | 17 | | address of
the promisor, shall constitute proper demand. | 18 | | (f) Offender's interest in the property. | 19 | | (1) It is no defense to a charge of theft of property | 20 | | that the offender
has an interest therein, when the owner | 21 | | also has an interest to which the
offender is not entitled. | 22 | | (2) Where the property involved is that of the | 23 | | offender's spouse, no
prosecution for theft may be | 24 | | maintained unless the parties were not living
together as | 25 | | man and wife and were living in separate abodes at the time | 26 | | of
the alleged theft. |
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| 1 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 2 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | 3 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | 4 | | eff. 1-25-13.) | 5 | | (720 ILCS 5/16-25) | 6 | | Sec. 16-25. Retail theft. | 7 | | (a) A person commits retail theft when he or she knowingly:
| 8 | | (1) Takes possession of, carries away, transfers or | 9 | | causes to be
carried away or transferred any merchandise | 10 | | displayed, held, stored or
offered for sale in a retail | 11 | | mercantile establishment with the intention
of retaining | 12 | | such merchandise or with the intention of depriving the
| 13 | | merchant permanently of the possession, use or benefit of | 14 | | such
merchandise without paying the full retail value of | 15 | | such merchandise; or
| 16 | | (2) Alters, transfers, or removes any label, price tag, | 17 | | marking,
indicia of value or any other markings which aid | 18 | | in determining value
affixed to any merchandise displayed, | 19 | | held, stored or offered for sale
in a retail mercantile | 20 | | establishment and attempts to purchase such
merchandise at | 21 | | less than the full
retail value with the intention of | 22 | | depriving the merchant of the full
retail value of such | 23 | | merchandise; or
| 24 | | (3) Transfers any merchandise displayed, held, stored | 25 | | or offered for
sale in a retail mercantile establishment |
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| 1 | | from the container in or on
which such merchandise is | 2 | | displayed to any other container with the
intention of | 3 | | depriving the merchant of the full retail value of such
| 4 | | merchandise; or
| 5 | | (4) Under-rings with the intention of depriving the | 6 | | merchant of the
full retail value of the merchandise; or
| 7 | | (5) Removes a shopping cart from the premises of a | 8 | | retail mercantile
establishment without the consent of the | 9 | | merchant given at the time of
such removal with the | 10 | | intention of depriving the merchant permanently of
the | 11 | | possession, use or benefit of such cart; or
| 12 | | (6) Represents to a merchant that he, she, or another | 13 | | is the lawful owner
of property, knowing that such | 14 | | representation is false, and conveys or attempts
to convey | 15 | | that property to a merchant who is the owner of the | 16 | | property in
exchange for money, merchandise credit or other | 17 | | property of the merchant; or
| 18 | | (7) Uses or possesses any theft detection shielding | 19 | | device or theft
detection device remover with the intention | 20 | | of using such device to deprive
the merchant permanently of | 21 | | the possession, use or benefit of any
merchandise | 22 | | displayed, held, stored or offered for sale in a retail
| 23 | | mercantile establishment without paying the full retail | 24 | | value of such
merchandise; or
| 25 | | (8) Obtains or exerts unauthorized control over | 26 | | property of the owner
and thereby intends to deprive the |
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| 1 | | owner permanently of the use or benefit
of the property | 2 | | when a lessee of the personal property of another fails to
| 3 | | return it to the owner, or if the lessee fails to pay the | 4 | | full retail value
of such property to the lessor in | 5 | | satisfaction of any contractual provision
requiring such, | 6 | | within 10 days after written demand from the owner for its
| 7 | | return. A notice in writing, given after the expiration of | 8 | | the leasing
agreement, by registered mail, to the lessee at | 9 | | the address given by the
lessee and shown on the leasing | 10 | | agreement shall constitute proper demand. | 11 | | (b) Theft by emergency exit. A person commits theft by | 12 | | emergency exit when he or she commits a retail theft as defined | 13 | | in subdivisions (a)(1) through (a)(8) of this Section and to | 14 | | facilitate the theft he or she leaves the retail mercantile | 15 | | establishment by use of a designated emergency exit. | 16 | | (c) Permissive inference. If any person:
| 17 | | (1) conceals upon his or her person or among his or her | 18 | | belongings unpurchased
merchandise displayed, held, stored | 19 | | or offered for sale in a retail
mercantile establishment; | 20 | | and
| 21 | | (2) removes that merchandise beyond the last known | 22 | | station for
receiving payments for that merchandise in that | 23 | | retail mercantile
establishment, | 24 | | then the trier of fact may infer that the person possessed, | 25 | | carried
away or transferred such merchandise with the intention | 26 | | of retaining it
or with the intention of depriving the merchant |
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| 1 | | permanently of the
possession, use or benefit of such | 2 | | merchandise without paying the full
retail value of such | 3 | | merchandise. | 4 | | To "conceal" merchandise means that, although there may be | 5 | | some notice of its presence, that merchandise is not visible | 6 | | through ordinary observation. | 7 | | (d) Venue. Multiple thefts committed by the same person as | 8 | | part of a continuing course of conduct in different | 9 | | jurisdictions that have been aggregated in one jurisdiction may | 10 | | be prosecuted in any jurisdiction in which one or more of the | 11 | | thefts occurred. | 12 | | (e) For the purposes of this Section, "theft detection | 13 | | shielding device" means any laminated or coated bag or device | 14 | | designed and intended to shield merchandise from detection by | 15 | | an electronic or magnetic theft alarm sensor. | 16 | | (f) Sentence. | 17 | | (1) A violation of any of subdivisions (a)(1) through | 18 | | (a)(6) and (a)(8) of this Section, the full retail
value of | 19 | | which does not exceed $500 $300 for property other than | 20 | | motor fuel or $150 for motor fuel, is a Class A | 21 | | misdemeanor. A violation of subdivision (a)(7) of this | 22 | | Section is a Class A misdemeanor for a first offense and a | 23 | | Class 4 felony for a third second or subsequent offense. | 24 | | Theft by emergency exit of property, the full retail
value | 25 | | of which does not exceed $500 $300 , is a Class 4 felony.
| 26 | | (2) A person who has been convicted of retail theft of |
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| 1 | | property under any of subdivisions (a)(1) through (a)(6) | 2 | | and (a)(8) of this Section, the
full retail value of which | 3 | | does not exceed $500 $300 for property other than motor | 4 | | fuel or $150 for motor fuel, and who has 2 or more prior | 5 | | convictions been
previously convicted of any type of theft, | 6 | | robbery, armed robbery,
burglary, residential burglary, | 7 | | possession of burglary tools, home
invasion, unlawful use | 8 | | of a credit card, or forgery is guilty of a Class 4 felony. | 9 | | A person who has been convicted of theft by emergency exit | 10 | | of property, the
full retail value of which does not exceed | 11 | | $500 $300 , and who has 2 or more prior convictions been
| 12 | | previously convicted of any type of theft, robbery, armed | 13 | | robbery,
burglary, residential burglary, possession of | 14 | | burglary tools, home
invasion, unlawful use of a credit | 15 | | card, or forgery is guilty of a Class 3 felony.
| 16 | | (3) Any retail theft of property under any of | 17 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this | 18 | | Section, the full retail value of
which exceeds $500 $300 | 19 | | for property other than motor fuel or $150 for motor fuel | 20 | | in a single transaction, or in separate transactions | 21 | | committed by the same person as part of a continuing course | 22 | | of conduct from one or more mercantile establishments over | 23 | | a period of one year, is a Class 3 felony.
Theft by | 24 | | emergency exit of property, the full retail value of
which | 25 | | exceeds $500 $300 in a single transaction, or in separate | 26 | | transactions committed by the same person as part of a |
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| 1 | | continuing course of conduct from one or more mercantile | 2 | | establishments over a period of one year, is a Class 2 | 3 | | felony. When a charge of retail theft of property or theft | 4 | | by emergency exit of property, the full value of which
| 5 | | exceeds $500 $300 , is brought, the value of the property | 6 | | involved is an element
of the offense to be resolved by the | 7 | | trier of fact as either exceeding or
not exceeding $500 | 8 | | $300 .
| 9 | | (Source: P.A. 97-597, eff. 1-1-12.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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