HB2054eng 97TH GENERAL ASSEMBLY

HB2054 Engrossed LRB097 05700 RLC 50899 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 1961 is amended by adding Section 16-23 as follows:

(720 ILCS 5/16-23 new)

Sec. 16-23. Copper theft.

(a) A person commits copper theft when, without the consent of the owner, he or she knowingly obtains or exerts control over property of the owner or aids or assists in obtaining or exerting control over property of the owner:

(1) consisting of any copper or copper alloy; and

(2) which is manufactured, sold, or used as:

(A) a telegraph, telephone, cable telecommunications, electric power transmission pedestal, underground residential distribution device, or pole;

(B) a telephone, cable telecommunications, or electric power line;

(C) a wire or fiber insulator, power supply, transformer, grounding system, transmission or other apparatus, equipment or fixture used in the transmission of telegraph, telephone, cable telecommunications, or electrical power service;

(D) equipment related to wireless communications regulated by the Federal Communications Commission;

(E) a fixture, including a gutter, downspout, plumbing pipe or fixture; or

(F) an irrigation unit including a cable, pump, or power supply.

(b) Sentence.

(1) Copper theft not exceeding $500 in value is a Class 4 felony.

(2) Copper theft not exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 3 felony.

(3) Copper theft exceeding $500 and not exceeding $10,000 in value, is a Class 2 felony.

(4) Copper theft exceeding $500 in value if the theft was committed in a school or place of worship or if the theft was of governmental property is a Class 1 felony.

(5) Copper theft exceeding $10,000 in value is a Class 1 felony.