98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3771

 

Introduced , by Rep. Michael J. Zalewski

 

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

    Amends the Criminal Code of 2012. Increases the threshold amounts for enhanced penalties for theft (from over $500 to over $1,000).


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A BILL FOR

 

HB3771LRB098 15192 RLC 50178 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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 or she 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 or her to believe that the
18    property was stolen; or
19        (5) Obtains or exerts control over property in the
20    custody of any law enforcement agency which any law
21    enforcement officer or any individual acting in behalf of a
22    law enforcement agency explicitly represents to the person
23    as being stolen or represents to the person such

 

 

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1    circumstances as would reasonably induce the person to
2    believe that the property was stolen, and
3            (A) Intends to deprive the owner permanently of the
4        use or benefit of the property; or
5            (B) Knowingly uses, conceals or abandons the
6        property in such manner as to deprive the owner
7        permanently of such use or benefit; or
8            (C) Uses, conceals, or abandons the property
9        knowing such use, concealment or abandonment probably
10        will deprive the owner permanently of such use or
11        benefit.
12    (b) Sentence.
13        (1) Theft of property not from the person and not
14    exceeding $1,000 $500 in value is a Class A misdemeanor.
15        (1.1) Theft of property not from the person and not
16    exceeding $1,000 $500 in value is a Class 4 felony if the
17    theft was committed in a school or place of worship or if
18    the theft was of governmental property.
19        (2) A person who has been convicted of theft of
20    property not from the person and not exceeding $1,000 $500
21    in value who has 2 or more prior convictions been
22    previously convicted of any type of theft, robbery, armed
23    robbery, burglary, residential burglary, possession of
24    burglary tools, home invasion, forgery, a violation of
25    Section 4-103, 4-103.1, 4-103.2, or 4-103.3 of the Illinois
26    Vehicle Code relating to the possession of a stolen or

 

 

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1    converted motor vehicle, or a violation of Section 17-36 of
2    the Criminal Code of 1961 or the Criminal Code of 2012, or
3    Section 8 of the Illinois Credit Card and Debit Card Act is
4    guilty of a Class 4 felony.
5        (3) (Blank).
6        (4) Theft of property from the person not exceeding
7    $1,000 $500 in value, or theft of property exceeding $1,000
8    $500 and not exceeding $10,000 in value, is a Class 3
9    felony.
10        (4.1) Theft of property from the person not exceeding
11    $1,000 $500 in value, or theft of property exceeding $1,000
12    $500 and not exceeding $10,000 in value, is a Class 2
13    felony if the theft was committed in a school or place of
14    worship or if the theft was of governmental property.
15        (5) Theft of property exceeding $10,000 and not
16    exceeding $100,000 in value is a Class 2 felony.
17        (5.1) Theft of property exceeding $10,000 and not
18    exceeding $100,000 in value is a Class 1 felony if the
19    theft was committed in a school or place of worship or if
20    the theft was of governmental property.
21        (6) Theft of property exceeding $100,000 and not
22    exceeding $500,000 in value is a Class 1 felony.
23        (6.1) Theft of property exceeding $100,000 in value is
24    a Class X felony if the theft was committed in a school or
25    place of worship or if the theft was of governmental
26    property.

 

 

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1        (6.2) Theft of property exceeding $500,000 and not
2    exceeding $1,000,000 in value is a Class 1
3    non-probationable felony.
4        (6.3) Theft of property exceeding $1,000,000 in value
5    is a Class X 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        (8) Theft by deception, as described by paragraph (2)
11    of subsection (a) of this Section, in which the offender
12    falsely poses as a landlord or agent or employee of the
13    landlord and obtains a rent payment or a security deposit
14    from a tenant is a Class 3 felony if the rent payment or
15    security deposit obtained does not exceed $500.
16        (9) Theft by deception, as described by paragraph (2)
17    of subsection (a) of this Section, in which the offender
18    falsely poses as a landlord or agent or employee of the
19    landlord and obtains a rent payment or a security deposit
20    from a tenant is a Class 2 felony if the rent payment or
21    security deposit obtained exceeds $500 and does not exceed
22    $10,000.
23        (10) Theft by deception, as described by paragraph (2)
24    of subsection (a) of this Section, in which the offender
25    falsely poses as a landlord or agent or employee of the
26    landlord and obtains a rent payment or a security deposit

 

 

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1    from a tenant is a Class 1 felony if the rent payment or
2    security deposit obtained exceeds $10,000 and does not
3    exceed $100,000.
4        (11) Theft by deception, as described by paragraph (2)
5    of subsection (a) of this Section, in which the offender
6    falsely poses as a landlord or agent or employee of the
7    landlord and obtains a rent payment or a security deposit
8    from a tenant is a Class X felony if the rent payment or
9    security deposit obtained exceeds $100,000.
10    (c) When a charge of theft of property exceeding a
11specified value is brought, the value of the property involved
12is an element of the offense to be resolved by the trier of
13fact as either exceeding or not exceeding the specified value.
14    (d) Theft by lessee; permissive inference. The trier of
15fact may infer evidence that a person intends to deprive the
16owner permanently of the use or benefit of the property (1) if
17a lessee of the personal property of another fails to return it
18to the owner within 10 days after written demand from the owner
19for its return or (2) if a lessee of the personal property of
20another fails to return it to the owner within 24 hours after
21written demand from the owner for its return and the lessee had
22presented identification to the owner that contained a
23materially fictitious name, address, or telephone number. A
24notice in writing, given after the expiration of the leasing
25agreement, addressed and mailed, by registered mail, to the
26lessee at the address given by him and shown on the leasing

 

 

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1agreement shall constitute proper demand.
2    (e) Permissive inference; evidence of intent that a person
3obtains by deception control over property. The trier of fact
4may infer that a person "knowingly obtains by deception control
5over property of the owner" when he or she fails to return,
6within 45 days after written demand from the owner, the
7downpayment and any additional payments accepted under a
8promise, oral or in writing, to perform services for the owner
9for consideration of $3,000 or more, and the promisor knowingly
10without good cause failed to substantially perform pursuant to
11the agreement after taking a down payment of 10% or more of the
12agreed upon consideration. This provision shall not apply where
13the owner initiated the suspension of performance under the
14agreement, or where the promisor responds to the notice within
15the 45-day notice period. A notice in writing, addressed and
16mailed, by registered mail, to the promisor at the last known
17address of the promisor, shall constitute proper demand.
18    (f) Offender's interest in the property.
19        (1) It is no defense to a charge of theft of property
20    that the offender has an interest therein, when the owner
21    also has an interest to which the offender is not entitled.
22        (2) Where the property involved is that of the
23    offender's spouse, no prosecution for theft may be
24    maintained unless the parties were not living together as
25    man and wife and were living in separate abodes at the time
26    of the alleged theft.

 

 

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1(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
296-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff.
31-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150,
4eff. 1-25-13.)