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Public Act 094-0134
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| HB1434 Enrolled |
LRB094 07700 RLC 37876 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 16-1 and by adding Section 15-10 as follows:
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(720 ILCS 5/15-10 new) |
Sec. 15-10. Governmental property. As used in this Part C, |
"governmental property" means funds or other property owned by |
the State, a unit of local government, or a school district.
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(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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Sec. 16-1. Theft.
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(a) A person commits theft when he knowingly:
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(1) Obtains or exerts unauthorized control over |
property of the
owner; or
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(2) Obtains by deception control over property of the |
owner; or
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(3) Obtains by threat control over property of the |
owner; or
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(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
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(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
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(B) Knowingly uses, conceals or abandons the |
property in such
manner as to deprive the owner |
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permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property |
knowing such use,
concealment or abandonment probably |
will deprive the owner permanently
of such use or |
benefit.
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(b) Sentence.
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(1) Theft of property not from the person and
not |
exceeding $300 in value is a Class A misdemeanor.
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(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.
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(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
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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.
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(3) (Blank).
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(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.
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(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 |
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theft was committed in a school or place of worship or if |
the theft was of governmental property.
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(5) Theft of property exceeding $10,000 and not |
exceeding
$100,000 in value is a Class 2 felony.
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(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.
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(6) Theft of property exceeding $100,000 and not |
exceeding $500,000 in
value is a Class 1 felony.
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(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.
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(6.2) Theft of property exceeding $500,000 in value is |
a Class 1
non-probationable
felony.
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(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.
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(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.
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(Source: P.A. 92-16, eff. 6-28-01; 93-520, eff. 8-6-03.)
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