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91_SB1044enr SB1044 Enrolled LRB9103336RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 16-1, 18-1, 19-1, 21-1, and 21-1.3 and adding 3 Sections 2-15b and 2-19.5. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Criminal Code of 1961 is amended by 7 changing Sections 16-1, 18-1, 19-1, 21-1, and 21-1.3 and 8 adding Sections 2-15b and 2-19.5 as follows: 9 (720 ILCS 5/2-15b new) 10 Sec. 2-15b. "Place of worship" means a church, 11 synagogue, mosque, temple, or other building, structure, or 12 place used primarily for religious worship and includes the 13 grounds of a place of worship. 14 (720 ILCS 5/2-19.5 new) 15 Sec. 2-19.5. "School" means a public, private, or 16 parochial elementary or secondary school, community college, 17 college, or university and includes the grounds of a school. 18 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1) 19 Sec. 16-1. Theft. 20 (a) A person commits theft when he knowingly: 21 (1) Obtains or exerts unauthorized control over 22 property of the owner; or 23 (2) Obtains by deception control over property of 24 the owner; or 25 (3) Obtains by threat control over property of the 26 owner; or 27 (4) Obtains control over stolen property knowing 28 the property to have been stolen or under such 29 circumstances as would reasonably induce him to believe SB1044 Enrolled -2- LRB9103336RCks 1 that the property was stolen; or 2 (5) Obtains or exerts control over property in the 3 custody of any law enforcement agency which is explicitly 4 represented to him by any law enforcement officer or any 5 individual acting in behalf of a law enforcement agency 6 as being stolen, and 7 (A) Intends to deprive the owner permanently 8 of the use or benefit of the property; or 9 (B) Knowingly uses, conceals or abandons the 10 property in such manner as to deprive the owner 11 permanently of such use or benefit; or 12 (C) Uses, conceals, or abandons the property 13 knowing such use, concealment or abandonment 14 probably will deprive the owner permanently of such 15 use or benefit. 16 The term "firearm" for the purposes of this Section has 17 the meaning ascribed to it in Section 1.1 of the Firearm 18 Owners Identification Card Act. 19 (b) Sentence. 20 (1) Theft of property, other than a firearm, not 21 from the person and not exceeding $300 in value is a 22 Class A misdemeanor. 23 (1.1) Theft of property, other than a firearm, not 24 from the person and not exceeding $300 in value is a 25 Class 4 felony if the theft was committed in a school or 26 place of worship. 27 (2) A person who has been convicted of theft of 28 property not exceeding $300 in value, other than a 29 firearm and not from the person, who has been previously 30 convicted of any type of theft, robbery, armed robbery, 31 burglary, residential burglary, possession of burglary 32 tools or home invasion is guilty of a Class 4 felony. 33 When a person has any such prior conviction, the 34 information or indictment charging that person shall SB1044 Enrolled -3- LRB9103336RCks 1 state such prior conviction so as to give notice of the 2 State's intention to treat the charge as a felony. The 3 fact of such prior conviction is not an element of the 4 offense and may not be disclosed to the jury during trial 5 unless otherwise permitted by issues properly raised 6 during such trial. 7 (3) Theft of a firearm not from the person 8 regardless of value is a Class 4 felony. A second or 9 subsequent such offense is a Class 3 felony. 10 (4) Theft of property from the person not exceeding 11 $300 in value, or theft of property exceeding $300 and 12 not exceeding $10,000 in value, is a Class 3 felony. 13 (4.1) Theft of property from the person not 14 exceeding $300 in value, or theft of property exceeding 15 $300 and not exceeding $10,000 in value, is a Class 2 16 felony if the theft was committed in a school or place of 17 worship. 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. 23 (6) Theft of property exceeding $100,000 in value 24 is a Class 1 felony. 25 (6.1) Theft of property exceeding $100,000 in value 26 is a Class X felony if the theft was committed in a 27 school or place of worship. 28 (7) Theft by deception, as described by paragraph 29 (2) of subsection (a) of this Section, in which the 30 offender obtained money or property valued at $5,000 or 31 more from a victim 60 years of age or older is a Class 2 32 felony. 33 (c) When a charge of theft of property exceeding a 34 specified value is brought, the value of the property SB1044 Enrolled -4- LRB9103336RCks 1 involved is an element of the offense to be resolved by the 2 trier of fact as either exceeding or not exceeding the 3 specified value. 4 (Source: P.A. 89-377, eff. 8-18-95.) 5 (720 ILCS 5/18-1) (from Ch. 38, par. 18-1) 6 Sec. 18-1. Robbery. 7 (a) A person commits robbery when he or she takes 8 property, except a motor vehicle covered by Section 18-3 or 9 18-4, from the person or presence of another by the use of 10 force or by threatening the imminent use of force. 11 (b) Sentence. 12 Robbery is a Class 2 felony. However, if the victim is 13 60 years of age or over or is a physically handicapped 14 person, or if the robbery is committed in a school or place 15 of worship, robbery is a Class 1 felony. 16 (Source: P.A. 88-351.) 17 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1) 18 Sec. 19-1. Burglary. (a) A person commits burglary when 19 without authority he knowingly enters or without authority 20 remains within a building, housetrailer, watercraft, 21 aircraft, motor vehicle as defined in The Illinois Vehicle 22 Code, railroad car, or any part thereof, with intent to 23 commit therein a felony or theft. This offense shall not 24 include the offenses set out in Section 4-102 of The Illinois 25 Vehicle Code, nor the offense of residential burglary as 26 defined in Section 19-3 hereof. 27 (b) Sentence. 28 Burglary is a Class 2 felony. A burglary committed in a 29 school or place of worship is a Class 1 felony. 30 (Source: P.A. 82-238.) 31 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1) SB1044 Enrolled -5- LRB9103336RCks 1 Sec. 21-1. Criminal damage to property. 2 (1) A person commits an illegal act when he: 3 (a) knowingly damages any property of another 4 without his consent; or 5 (b) recklessly by means of fire or explosive 6 damages property of another; or 7 (c) knowingly starts a fire on the land of another 8 without his consent; or 9 (d) knowingly injures a domestic animal of another 10 without his consent; or 11 (e) knowingly deposits on the land or in the 12 building of another, without his consent, any stink bomb 13 or any offensive smelling compound and thereby intends to 14 interfere with the use by another of the land or 15 building; or 16 (f) damages any property, other than as described 17 in subsection (b) of Section 20-1, with intent to defraud 18 an insurer; or 19 (g) knowingly shoots a firearm at any portion of a 20 railroad train. 21 When the charge of criminal damage to property exceeding 22 a specified value is brought, the extent of the damage is an 23 element of the offense to be resolved by the trier of fact as 24 either exceeding or not exceeding the specified value. 25 (2) The acts described in items (a) through (f) are 26 Class A misdemeanors if the damage to property does not 27 exceed $300. The acts described in items (a) through (f) are 28 Class 4 felonies if the damage to property does not exceed 29 $300 if the damage occurs to property of a school or place of 30 worship. The act described in item (g) is a Class 4 felony. 31 The acts described in items (a) through (f) are Class 4 32 felonies if the damage to property exceeds $300 but does not 33 exceed $10,000. The acts described in items (a) through (f) 34 are Class 3 felonies if the damage to property exceeds $300 SB1044 Enrolled -6- LRB9103336RCks 1 but does not exceed $10,000 if the damage occurs to property 2 of a school or place of worship. The acts described in items 3 (a) through (f) are Class 3 felonies if the damage to 4 property exceeds $10,000 but does not exceed $100,000. The 5 acts described in items (a) through (f) are Class 2 felonies 6 if the damage to property exceeds $10,000 but does not exceed 7 $100,000 if the damage occurs to property of a school or 8 place of worship. The acts described in items (a) through 9 (f) are Class 2 felonies if the damage to property exceeds 10 $100,000. The acts described in items (a) through (f) are 11 Class 1 felonies if the damage to property exceeds $100,000 12 and the damage occurs to property of a school or place of 13 worship. If the damage to property exceeds $10,000, the 14 court shall impose upon the offender a fine equal to the 15 value of the damages to the property. 16 (3) In addition to any other sentence that may be 17 imposed, a court shall order any person convicted of criminal 18 damage to property to perform community service for not less 19 than 30 and not more than 120 hours, if community service is 20 available in the jurisdiction and is funded and approved by 21 the county board of the county where the offense was 22 committed. In addition, whenever any person is placed on 23 supervision for an alleged offense under this Section, the 24 supervision shall be conditioned upon the performance of the 25 community service. 26 This subsection does not apply when the court imposes a 27 sentence of incarceration. 28 (Source: P.A. 88-406; 88-558, eff. 1-1-95; 89-8, eff. 29 3-21-95.) 30 (720 ILCS 5/21-1.3) 31 Sec. 21-1.3. Criminal defacement of property. 32 (a) A person commits criminal defacement of property 33 when the person knowingly damages the property of another SB1044 Enrolled -7- LRB9103336RCks 1 without his or her consent by defacing, deforming, or 2 otherwise damaging the property by the use of paint or any 3 other similar substance, or by the use of a writing 4 instrument, etching tool, or any other similar device. 5 (b) Criminal defacement of property is a Class A 6 misdemeanor for a first offense if the damage to the property 7 does not exceed $300. Criminal defacement of property is a 8 Class 4 felony if the damage to property does not exceed $300 9 and the property damaged is a school building or place of 10 worship. Criminal defacement of property is a Class 4 felony 11 for a second or subsequent conviction or if the damage to the 12 property exceeds $300. Criminal defacement of property is a 13 Class 3 felony if the damage to property exceeds $300 and the 14 property damaged is a school building or place of worship. In 15 addition to any other sentence that may be imposed, a court 16 shall order any person convicted of criminal defacement of 17 property to perform community service for not less than 30 18 and not more than 120 hours, if community service is 19 available in the jurisdiction. The community service shall 20 include, but need not be limited to, the cleanup and repair 21 of the damage to property that was caused by the offense, or 22 similar damage to property located in the municipality or 23 county in which the offense occurred. If the property damaged 24 is a school building, the community service may include 25 cleanup, removal, or painting over the defacement. In 26 addition, whenever any person is placed on supervision for an 27 alleged offense under this Section, the supervision shall be 28 conditioned upon the performance of the community service. 29 (Source: P.A. 90-685, eff. 1-1-99.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.