State of Illinois
92nd General Assembly
Legislation

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92_HB5645

 
                                               LRB9214589RCmg

 1        AN ACT in relation to 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  1961  is  amended  by
 5    changing Section 16-1 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 knowingly:
 9             (1)  Obtains  or  exerts  unauthorized  control over
10        property of the owner; or
11             (2)  Obtains by deception control over  property  of
12        the owner; or
13             (3)  Obtains  by threat control over property of the
14        owner; or
15             (4)  Obtains control over  stolen  property  knowing
16        the   property   to   have  been  stolen  or  under  such
17        circumstances as would reasonably induce him  to  believe
18        that the property was stolen; or
19             (5)  Obtains  or exerts control over property in the
20        custody of any law enforcement agency which is explicitly
21        represented to him by any law enforcement officer or  any
22        individual  acting  in behalf of a law enforcement agency
23        as being stolen, and
24                  (A)  Intends to deprive the  owner  permanently
25             of the use or benefit of the property; or
26                  (B)  Knowingly  uses,  conceals or abandons the
27             property in such manner  as  to  deprive  the  owner
28             permanently of such use or benefit; or
29                  (C)  Uses,  conceals,  or abandons the property
30             knowing  such  use,   concealment   or   abandonment
31             probably  will deprive the owner permanently of such
 
                            -2-                LRB9214589RCmg
 1             use or benefit.
 2        (b)  Sentence.
 3             (1)  Theft of property not from the person  and  not
 4        exceeding $300 in value is a Class A misdemeanor.
 5             (1.1)  Theft of property not from the person and not
 6        exceeding  $300 in value is a Class 4 felony if the theft
 7        was committed in a school or place of worship.
 8             (2)  A person who has been  convicted  of  theft  of
 9        property  not  from  the person and not exceeding $300 in
10        value who has been previously convicted of  any  type  of
11        theft,  robbery,  armed  robbery,  burglary,  residential
12        burglary,  possession  of  burglary tools, home invasion,
13        forgery, a violation of Section 4-103, 4-103.1,  4-103.2,
14        or  4-103.3  of the Illinois Vehicle Code relating to the
15        possession of a stolen or converted motor vehicle,  or  a
16        violation  of  Section  8 of the Illinois Credit Card and
17        Debit Card Act is guilty of a Class  4  felony.   When  a
18        person  has any such prior conviction, the information or
19        indictment charging that person shall  state  such  prior
20        conviction  so as to give notice of the State's intention
21        to treat the charge as a felony.  The fact of such  prior
22        conviction  is  not an element of the offense and may not
23        be disclosed to the jury during  trial  unless  otherwise
24        permitted by issues properly raised during such trial.
25             (3)  (Blank).
26             (4)  Theft of property from the person not exceeding
27        $300  in  value,  or theft of property exceeding $300 and
28        not exceeding $10,000 in value, is a Class 3 felony.
29             (4.1)  Theft  of  property  from  the   person   not
30        exceeding  $300  in value, or theft of property exceeding
31        $300 and not exceeding $10,000 in value,  is  a  Class  2
32        felony if the theft was committed in a school or place of
33        worship.
34             (5)  Theft  of  property  exceeding  $10,000 and not
 
                            -3-                LRB9214589RCmg
 1        exceeding $100,000 in value is a Class 2 felony.
 2             (5.1)  Theft of property exceeding $10,000  and  not
 3        exceeding  $100,000  in  value is a Class 1 felony if the
 4        theft was committed in a school or place of worship.
 5             (6)  Theft of property exceeding $100,000  in  value
 6        is a Class 1 felony.
 7             (6.1)  Theft of property exceeding $100,000 in value
 8        is  a  Class  X  felony  if  the theft was committed in a
 9        school or place of worship.
10             (7)  Theft by deception, as described  by  paragraph
11        (2)  of  subsection  (a)  of  this  Section, in which the
12        offender obtained money or property valued at  $5,000  or
13        more  from a victim 60 years of age or older is a Class 2
14        felony.
15             (8)  Theft of a poisonous gas, deadly biological  or
16        chemical  contaminant  or agent, or radioactive substance
17        is a Class X felony.
18        (c)  When a charge  of  theft  of  property  exceeding  a
19    specified  value  is  brought,  the  value  of  the  property
20    involved  is  an element of the offense to be resolved by the
21    trier of fact  as  either  exceeding  or  not  exceeding  the
22    specified value.
23    (Source:  P.A.  91-118,  eff.  1-1-00;  91-360, eff. 7-29-99;
24    91-544, eff. 1-1-00; 92-16, eff. 6-28-01.)

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