Illinois General Assembly - Full Text of HB0571
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Full Text of HB0571  93rd General Assembly

HB0571sam001 93rd General Assembly


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                                     LRB093 05559 RLC 16147 a

 1                     AMENDMENT TO HOUSE BILL 571

 2        AMENDMENT NO.     .  Amend House Bill  571  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Criminal  Code  of 1961 is amended by
 5    changing Section 16-1 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
12        the owner; or
13             (3)  Obtains by threat control over property of  the
14        owner; or
15             (4)  Obtains  control  over  stolen property knowing
16        the  property  to  have  been  stolen   or   under   such
17        circumstances  as  would reasonably induce him to believe
18        that the property 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
 
                            -2-      LRB093 05559 RLC 16147 a
 1        as being stolen, and
 2                  (A)  Intends  to  deprive the owner permanently
 3             of the use or benefit of the property; or
 4                  (B)  Knowingly uses, conceals or  abandons  the
 5             property  in  such  manner  as  to deprive the owner
 6             permanently of such use or benefit; or
 7                  (C)  Uses, conceals, or abandons  the  property
 8             knowing   such   use,   concealment  or  abandonment
 9             probably will deprive the owner permanently of  such
10             use or benefit.
11        (b)  Sentence.
12             (1)  Theft  of  property not from the person and not
13        exceeding $300 in value is a Class A misdemeanor.
14             (1.1)  Theft of property not from the person and not
15        exceeding $300 in value is a Class 4 felony if the  theft
16        was committed in a school or place of worship.
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,  burglary,  residential
21        burglary, possession of burglary  tools,  home  invasion,
22        forgery,  a violation of Section 4-103, 4-103.1, 4-103.2,
23        or 4-103.3 of the Illinois Vehicle Code relating  to  the
24        possession  of  a stolen or converted motor vehicle, or a
25        violation of Section 8 of the Illinois  Credit  Card  and
26        Debit  Card  Act  is  guilty of a Class 4 felony.  When a
27        person has any such prior conviction, the information  or
28        indictment  charging  that  person shall state such prior
29        conviction so as to give notice of the State's  intention
30        to  treat the charge as a felony.  The fact of such prior
31        conviction is not an element of the offense and  may  not
32        be  disclosed  to  the jury during trial unless otherwise
33        permitted by issues properly raised during such trial.
34             (3)  (Blank).
 
                            -3-      LRB093 05559 RLC 16147 a
 1             (4)  Theft of property from the person not exceeding
 2        $300 in value, or theft of property  exceeding  $300  and
 3        not exceeding $10,000 in value, is a Class 3 felony.
 4             (4.1)  Theft   of   property  from  the  person  not
 5        exceeding $300 in value, or theft of  property  exceeding
 6        $300  and  not  exceeding  $10,000 in value, is a Class 2
 7        felony if the theft was committed in a school or place of
 8        worship.
 9             (5)  Theft of property  exceeding  $10,000  and  not
10        exceeding $100,000 in value is a Class 2 felony.
11             (5.1)  Theft  of  property exceeding $10,000 and not
12        exceeding $100,000 in value is a Class 1  felony  if  the
13        theft was committed in a school or place of worship.
14             (6)  Theft  of  property exceeding $100,000 in value
15        is a Class 1 felony.
16             (6.1)  Theft of property exceeding $100,000 in value
17        is a Class X felony if  the  theft  was  committed  in  a
18        school or place of worship.
19             (7)  Theft  by  deception, as described by paragraph
20        (2) of subsection (a)  of  this  Section,  in  which  the
21        offender  obtained  money or property valued at $5,000 or
22        more from a victim 60 years of age or older is a Class  2
23        felony.
24             (8)  Theft   of  anhydrous  ammonia  as  defined  in
25        paragraph (d) of Section 3 of the Illinois Fertilizer Act
26        of 1961 is a Class 2 felony.
27        (c)  When a charge  of  theft  of  property  exceeding  a
28    specified  value  is  brought,  the  value  of  the  property
29    involved  is  an element of the offense to be resolved by the
30    trier of fact  as  either  exceeding  or  not  exceeding  the
31    specified value.
32    (Source:  P.A.  91-118,  eff.  1-1-00;  91-360, eff. 7-29-99;
33    91-544, eff. 1-1-00; 92-16, eff. 6-28-01.)
 
                            -4-      LRB093 05559 RLC 16147 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".