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92_HB5645eng HB5645 Engrossed 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 HB5645 Engrossed -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 HB5645 Engrossed -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.)