|
Public Act 099-0534
|
| SB1120 Enrolled | LRB099 05301 RLC 25336 b |
|
|
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 2012 is amended by changing |
Section 16-3 as follows:
|
(720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
|
Sec. 16-3. Theft of labor or services or use of property. |
(a) A person commits theft when he or she knowingly obtains |
the temporary use
of property, labor or services of another |
which are available only for hire,
by means of threat or |
deception or knowing that such use is without the
consent of |
the person providing the property, labor or services. For the |
purposes of this subsection, library material is available for |
hire.
|
(b) A person commits theft when after (1) renting or |
leasing a motor vehicle,
(2) obtaining a motor vehicle through |
a "driveaway" service mode of transportation, (3) renting or |
leasing equipment exceeding $500 in value including tools, |
construction or industry equipment, and such items as linens, |
tableware, tents, tables, chairs and other equipment specially |
rented for a party or special event,
or (4) renting or leasing |
any other type of personal property exceeding $500 in value,
|
under an agreement in writing which provides for the return of |
|
the vehicle, equipment,
or other personal property to a |
particular place at a particular time, he or she
without good |
cause knowingly fails to return the vehicle, equipment, or |
other personal
property to that place within the time |
specified, and is thereafter served
or sent a written demand |
mailed to the last known address, made by certified
mail return |
receipt requested, to return the such vehicle, equipment, or |
other personal
property within 3 days from the mailing of the |
written demand, and who without
good cause knowingly fails to |
return
the vehicle, equipment, or any other personal property |
to any place of business of the
lessor within the return such |
period. The trier of fact may infer evidence that the person is |
without good cause if the person signs the agreement with a |
name or address other than his or her own.
|
(c) A person commits theft when he or she borrows from a |
library facility library material
which has an aggregate value |
of $50 or more pursuant to an
agreement with or procedure |
established by the library
facility for the return of such |
library material, and knowingly without
good cause fails to |
return the library material so borrowed in accordance
with such |
agreement or procedure, and further knowingly without good |
cause
fails to return such library material within 30 days |
after receiving
written notice by certified mail from the |
library
facility demanding the return of such library material. |
(d) Sentence.
|
A person convicted of theft under subsection (a) is
guilty |
|
of a Class A misdemeanor, except that the theft of library |
material where the aggregate value exceeds $300 is a Class 3 |
felony. A person convicted of theft under subsection
(b) of |
this Section is guilty of a Class 4 felony. A person convicted |
of theft under subsection (c) is guilty of a petty offense for |
which the offender may be fined an amount not to exceed $500 |
and shall be ordered to reimburse the library for postage |
costs, attorney's fees, and actual replacement costs of the |
materials not returned, except that theft under subsection (c) |
where the aggregate value exceeds $300 is a Class 3 felony. In |
addition to any other penalty imposed, the court may order a |
person convicted under this Section to make restitution to the |
victim of the offense.
|
For the purpose of sentencing on theft of library material, |
separate transactions totalling more than $300 within a 90-day |
period shall constitute a single offense. |
(Source: P.A. 97-597, eff. 1-1-12.)
|