State of Illinois
92nd General Assembly
Legislation

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92_HB5658eng

 
HB5658 Engrossed                              LRB9214785RCcdA

 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 Sections 16-1 and 29B-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
 
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 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
 
HB5658 Engrossed            -3-               LRB9214785RCcdA
 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 and not
 6        exceeding $500,000 in value 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             (6.2)  Theft of property exceeding $500,000 in value
11        is a Class X felony.
12             (7)  Theft by deception, as described  by  paragraph
13        (2)  of  subsection  (a)  of  this  Section, in which the
14        offender obtained money or property valued at  $5,000  or
15        more  from a victim 60 years of age or older is a Class 2
16        felony.
17        (c)  When a charge  of  theft  of  property  exceeding  a
18    specified  value  is  brought,  the  value  of  the  property
19    involved  is  an element of the offense to be resolved by the
20    trier of fact  as  either  exceeding  or  not  exceeding  the
21    specified value.
22    (Source:  P.A.  91-118,  eff.  1-1-00;  91-360, eff. 7-29-99;
23    91-544, eff. 1-1-00; 92-16, eff. 6-28-01.)

24        (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
25        Sec. 29B-1.  (a) A person commits the  offense  of  money
26    laundering when he knowingly engages or attempts to engage in
27    a  financial  transaction in criminally derived property with
28    either the intent to promote the carrying on of the  unlawful
29    activity  from  which  the  criminally  derived  property was
30    obtained or where he knows or reasonably should know that the
31    financial transaction is designed in  whole  or  in  part  to
32    conceal or disguise the nature, the location, the source, the
33    ownership or the control of the criminally derived property.
 
HB5658 Engrossed            -4-               LRB9214785RCcdA
 1        (b)  As used in this Section:
 2             (1)  "Financial transaction" means a purchase, sale,
 3        loan,   pledge,   gift,   transfer,   delivery  or  other
 4        disposition utilizing criminally  derived  property,  and
 5        with   respect  to  financial  institutions,  includes  a
 6        deposit, withdrawal, transfer between accounts,  exchange
 7        of  currency, loan, extension of credit, purchase or sale
 8        of any stock,  bond,  certificate  of  deposit  or  other
 9        monetary  instrument  or  any  other payment, transfer or
10        delivery by, through, or to a financial institution.  The
11        receipt by an attorney of bona fide fees for the  purpose
12        of  legal  representation  is not a financial transaction
13        for purposes of this Section.
14             (2)  "Financial institution" means any bank;  saving
15        and  loan association; trust company; agency or branch of
16        a foreign bank in the United States;  currency  exchange;
17        credit  union,  mortgage banking institution; pawnbroker;
18        loan or  finance  company;  operator  of  a  credit  card
19        system;  issuer, redeemer or cashier of travelers checks,
20        checks or money orders; dealer in precious metals, stones
21        or jewels; broker or dealer in securities or commodities;
22        investment banker; or investment company.
23             (3)  "Monetary instrument" means United States coins
24        and currency; coins and currency of  a  foreign  country;
25        travelers  checks;  bearer negotiable instruments; bearer
26        investment   securities;   or   bearer   securities   and
27        certificates of stock.
28             (4)  "Criminally derived property" means:  (A)   any
29        property  constituting or derived from proceeds obtained,
30        directly or indirectly, pursuant to a  violation  of  the
31        Criminal Code of 1961, the Illinois Controlled Substances
32        Act  or  the  Cannabis  Control  Act; or (B) any property
33        expressly  or  impliedly  represented  to   be   property
34        constituting  or derived from proceeds obtained, directly
 
HB5658 Engrossed            -5-               LRB9214785RCcdA
 1        or indirectly, pursuant to a violation of this Code,  the
 2        Illinois  Controlled  Substances  Act,  or  the  Cannabis
 3        Control Act.
 4        (c)  Sentence.
 5             (1)  Laundering  of criminally derived property of a
 6        value not exceeding $10,000 is a Class 3 felony;
 7             (2)  Laundering of criminally derived property of  a
 8        value  exceeding  $10,000 but not exceeding $100,000 is a
 9        Class 2 felony;
10             (3)  Laundering of criminally derived property of  a
11        value  exceeding $100,000 but not exceeding $500,000 is a
12        Class 1 felony.
13             (4)  Laundering of criminally derived property of  a
14        value exceeding $500,000 is a Class X felony.
15    (Source: P.A. 88-258.)

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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