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Public Act 096-0496
Public Act 0496 96TH GENERAL ASSEMBLY
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Public Act 096-0496
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| HB3934 Enrolled |
LRB096 10494 RLC 20666 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 16-1 as follows:
| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| Sec. 16-1. Theft.
| (a) A person commits theft when he knowingly:
| (1) Obtains or exerts unauthorized control over | property of the
owner; or
| (2) Obtains by deception control over property of the | owner; or
| (3) Obtains by threat control over property of the | owner; or
| (4) Obtains control over stolen property knowing the | property to
have been stolen or under such circumstances as | would
reasonably induce him to believe that the property | was stolen; or
| (5) Obtains or exerts control over property in the | custody of any law
enforcement agency which is explicitly | represented to him by any law
enforcement officer or any | individual acting in behalf of a law enforcement
agency as | being stolen, and
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| (A) Intends to deprive the owner permanently of the | use or
benefit of the property; or
| (B) Knowingly uses, conceals or abandons the | property in such
manner as to deprive the owner | permanently of such use or benefit; or
| (C) Uses, conceals, or abandons the property | knowing such use,
concealment or abandonment probably | will deprive the owner permanently
of such use or | benefit.
| (b) Sentence.
| (1) Theft of property not from the person and
not | exceeding $300 in value is a Class A misdemeanor.
| (1.1) Theft of property not from the person and
not | exceeding $300 in value is a Class 4 felony if the theft | was committed in a
school or place of worship or if the | theft was of governmental property.
| (2) A person who has been convicted of theft of | property not from the
person and not exceeding
$300 in | value who has been
previously convicted of any type of | theft, robbery, armed robbery,
burglary, residential | burglary, possession of burglary tools, home
invasion, | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 4-103.3
of the Illinois Vehicle Code relating to the | possession of a stolen or
converted motor vehicle, or a | violation of Section 8 of the Illinois Credit
Card and | Debit Card Act is guilty of a Class 4 felony. When a person |
| has any
such prior
conviction, the information or | indictment charging that person shall state
such prior | conviction so as to give notice of the State's intention to
| treat the charge as a felony. The fact of such prior | conviction is not an
element of the offense and may not be | disclosed to the jury during trial
unless otherwise | permitted by issues properly raised during such trial.
| (3) (Blank).
| (4) Theft of property from the person not exceeding | $300 in value, or
theft of
property exceeding $300 and not | exceeding $10,000 in value, is a
Class 3 felony.
| (4.1) Theft of property from the person not exceeding | $300 in value, or
theft of property exceeding $300 and not | exceeding $10,000 in value, is a Class
2 felony if the | theft was committed in a school or place of worship or if | the theft was of governmental property.
| (5) Theft of property exceeding $10,000 and not | exceeding
$100,000 in value is a Class 2 felony.
| (5.1) Theft of property exceeding $10,000 and not | exceeding $100,000 in
value is a Class 1 felony
if the | theft was committed in a school or place of worship or if | the theft was of governmental property.
| (6) Theft of property exceeding $100,000 and not | exceeding $500,000 in
value is a Class 1 felony.
| (6.1) Theft of property exceeding $100,000 in value is | a Class X felony
if the theft was committed in a school or |
| place of worship or if the theft was of governmental | property.
| (6.2) Theft of property exceeding $500,000 in value is | a Class 1
non-probationable
felony.
| (7) Theft by deception, as described by paragraph (2) | of
subsection (a) of
this Section, in which the offender | obtained money or property valued at
$5,000 or more from a | victim 60 years of age or older is a Class 2 felony.
| (8) Theft by deception, as described by paragraph (2) | of
subsection (a) of
this Section, in which the offender | falsely poses as a landlord or agent or employee of the | landlord and obtains a rent payment or a security deposit | from a tenant is a Class 3 felony if the rent payment or | security deposit obtained does not exceed $300. | (9) Theft by deception, as described by paragraph (2) | of
subsection (a) of
this Section, in which the offender | falsely poses as a landlord or agent or employee of the | landlord and obtains a rent payment or a security deposit | from a tenant is a Class 2 felony if the rent payment or | security deposit obtained exceeds $300 and does not exceed | $10,000. | (10) Theft by deception, as described by paragraph (2) | of
subsection (a) of
this Section, in which the offender | falsely poses as a landlord or agent or employee of the | landlord and obtains a rent payment or a security deposit | from a tenant is a Class 1 felony if the rent payment or |
| security deposit obtained exceeds $10,000 and does not | exceed $100,000. | (11) Theft by deception, as described by paragraph (2) | of
subsection (a) of
this Section, in which the offender | falsely poses as a landlord or agent or employee of the | landlord and obtains a rent payment or a security deposit | from a tenant is a Class X felony if the rent payment or | security deposit obtained exceeds $100,000. | (c) When a charge of theft of property exceeding a | specified value
is brought, the value of the property involved | is an element of the offense
to be resolved by the trier of | fact as either exceeding or not exceeding
the specified value.
| (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
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Effective Date: 1/1/2010
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