96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2648

 

Introduced 2/20/2009, by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/16-1   from Ch. 38, par. 16-1
720 ILCS 5/16A-10   from Ch. 38, par. 16A-10

    Amends the Criminal Code of 1961. Provides that an otherwise misdemeanor theft and retail theft are enhanced from a Class A misdemeanor to a Class 4 felony if the person has previously been convicted of vehicular hijacking, aggravated vehicular hijacking, or aggravated robbery. In the case of retail theft the penalty is enhanced to a Class 4 felony if the defendant had been previously convicted of forgery, or a violation of provisions of the Illinois Vehicle Code relating to the possession of a stolen or converted motor vehicle. Effective immediately.


LRB096 07932 RLC 18035 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2648 LRB096 07932 RLC 18035 b

1     AN ACT concerning 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 changing
5 Sections 16-1 and 16A-10 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 the
12     owner; or
13         (3) Obtains by threat control over property of the
14     owner; or
15         (4) Obtains control over stolen property knowing the
16     property to have been stolen or under such circumstances as
17     would reasonably induce him to believe that the property
18     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 as
23     being stolen, and

 

 

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1             (A) Intends to deprive the owner permanently of the
2         use or benefit of the property; or
3             (B) Knowingly uses, conceals or abandons the
4         property in such manner as to deprive the owner
5         permanently of such use or benefit; or
6             (C) Uses, conceals, or abandons the property
7         knowing such use, concealment or abandonment probably
8         will deprive the owner permanently of such use or
9         benefit.
10     (b) Sentence.
11         (1) Theft of property not from the person and not
12     exceeding $300 in value is a Class A misdemeanor.
13         (1.1) Theft of property not from the person and not
14     exceeding $300 in value is a Class 4 felony if the theft
15     was committed in a school or place of worship or if the
16     theft was of governmental property.
17         (2) A person who has been convicted of theft of
18     property not from the person and not exceeding $300 in
19     value who has been previously convicted of any type of
20     theft, robbery, armed robbery, vehicular hijacking,
21     aggravated vehicular hijacking, aggravated robbery,
22     burglary, residential burglary, possession of burglary
23     tools, home invasion, forgery, a violation of Section
24     4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois Vehicle
25     Code relating to the possession of a stolen or converted
26     motor vehicle, or a violation of Section 8 of the Illinois

 

 

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1     Credit Card and Debit Card Act is guilty of a Class 4
2     felony. When a person has any such prior conviction, the
3     information or indictment charging that person shall state
4     such prior conviction so as to give notice of the State's
5     intention to treat the charge as a felony. The fact of such
6     prior conviction is not an element of the offense and may
7     not be disclosed to the jury during trial unless otherwise
8     permitted by issues properly raised during such trial.
9         (3) (Blank).
10         (4) Theft of property from the person not exceeding
11     $300 in value, or theft of property exceeding $300 and not
12     exceeding $10,000 in value, is a Class 3 felony.
13         (4.1) Theft of property from the person not exceeding
14     $300 in value, or theft of property exceeding $300 and not
15     exceeding $10,000 in value, is a Class 2 felony if the
16     theft was committed in a school or place of worship or if
17     the theft was of governmental property.
18         (5) Theft of property exceeding $10,000 and not
19     exceeding $100,000 in value is a Class 2 felony.
20         (5.1) Theft of property exceeding $10,000 and not
21     exceeding $100,000 in value is a Class 1 felony if the
22     theft was committed in a school or place of worship or if
23     the theft was of governmental property.
24         (6) Theft of property exceeding $100,000 and not
25     exceeding $500,000 in value is a Class 1 felony.
26         (6.1) Theft of property exceeding $100,000 in value is

 

 

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1     a Class X felony if the theft was committed in a school or
2     place of worship or if the theft was of governmental
3     property.
4         (6.2) Theft of property exceeding $500,000 in value is
5     a Class 1 non-probationable felony.
6         (7) Theft by deception, as described by paragraph (2)
7     of subsection (a) of this Section, in which the offender
8     obtained money or property valued at $5,000 or more from a
9     victim 60 years of age or older is a Class 2 felony.
10     (c) When a charge of theft of property exceeding a
11 specified value is brought, the value of the property involved
12 is an element of the offense to be resolved by the trier of
13 fact as either exceeding or not exceeding the specified value.
14 (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
 
15     (720 ILCS 5/16A-10)  (from Ch. 38, par. 16A-10)
16     Sec. 16A-10. Sentence.
17     (1) Retail theft of property, the full retail value of
18 which does not exceed $150, is a Class A misdemeanor. Theft by
19 emergency exit of property, the full retail value of which does
20 not exceed $150, is a Class 4 felony.
21     (2) A person who has been convicted of retail theft of
22 property, the full retail value of which does not exceed $150,
23 and who has been previously convicted of any type of theft,
24 robbery, armed robbery, vehicular hijacking, aggravated
25 vehicular hijacking, aggravated robbery, burglary, residential

 

 

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1 burglary, possession of burglary tools, or home invasion,
2 forgery, or a violation of Section 4-103, 4-103.1, 4-103.2, or
3 4-103.3 of the Illinois Vehicle Code relating to the possession
4 of a stolen or converted motor vehicle, is guilty of a Class 4
5 felony. A person who has been convicted of theft by emergency
6 exit of property, the full retail value of which does not
7 exceed $150, and who has been previously convicted of any type
8 of theft, robbery, armed robbery, burglary, residential
9 burglary, possession of burglary tools or home invasion is
10 guilty of a Class 3 felony. When a person has any such prior
11 conviction, the information or indictment charging that person
12 shall state such prior conviction so as to give notice of the
13 State's intention to treat the charge of retail theft as a
14 felony. The fact of such prior conviction is not an element of
15 the offense and may not be disclosed to the jury during trial
16 unless otherwise permitted by issues properly raised during
17 such trial.
18     (3) Any retail theft of property, the full retail value of
19 which exceeds $150, is a Class 3 felony. Theft by emergency
20 exit of property, the full retail value of which exceeds $150,
21 is a Class 2 felony. When a charge of retail theft of property
22 or theft by emergency exit of property, the full value of which
23 exceeds $150, is brought, the value of the property involved is
24 an element of the offense to be resolved by the trier of fact
25 as either exceeding or not exceeding $150.
26 (Source: P.A. 94-449, eff. 8-4-05.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.