Illinois General Assembly - Full Text of Public Act 094-0449
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Public Act 094-0449


 

Public Act 0449 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0449
 
HB0816 Enrolled LRB094 05280 RLC 35323 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 changing
Section 16A-10 and by adding Section 16A-3.5 as follows:
 
    (720 ILCS 5/16A-3.5 new)
    Sec. 16A-3.5. Theft by emergency exit. A person commits the
offense of theft by emergency exit when he or she commits a
retail theft as defined in Section 16A-3 and to facilitate the
theft he or she leaves the retail mercantile establishment by
use of a designated emergency exit.
 
    (720 ILCS 5/16A-10)  (from Ch. 38, par. 16A-10)
    Sec. 16A-10. Sentence. (1) Retail theft of property, the
full retail value of which does not exceed $150, is a Class A
misdemeanor. Theft by emergency exit of property, the full
retail value of which does not exceed $150, is a Class 4
felony.
    (2) A person who has been convicted of retail theft of
property, the full retail value of which does not exceed $150,
and who has been previously convicted of any type of theft,
robbery, armed robbery, burglary, residential burglary,
possession of burglary tools or home invasion is guilty of a
Class 4 felony. A person who has been convicted of theft by
emergency exit of property, the full retail value of which does
not exceed $150, and who has been previously convicted of any
type of theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools or home invasion is
guilty of a Class 3 felony. When a person has any such prior
conviction, the information or indictment charging that person
shall state such prior conviction so as to give notice of the
State's intention to treat the charge of retail theft as a
felony. The fact of such prior conviction is not an element of
the offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
    (3) Any retail theft of property, the full retail value of
which exceeds $150, is a Class 3 felony. Theft by emergency
exit of property, the full retail value of which exceeds $150,
is a Class 2 felony. When a charge of retail theft of property
or theft by emergency exit of property, the full value of which
exceeds $150, is brought, the value of the property involved is
an element of the offense to be resolved by the trier of fact
as either exceeding or not exceeding $150.
(Source: P.A. 85-691.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2005