Illinois General Assembly - Full Text of HB3519
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Full Text of HB3519  102nd General Assembly

HB3519 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3519

 

Introduced 2/22/2021, by Rep. Keith R. Wheeler

 

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

    Amends the Criminal Code of 2012. Provides that the penalty for theft in which the offense is committed against a not-for-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 is one class higher than the penalty for theft committed against other persons. Provides that if the penalty for theft otherwise provided for is a Class X felony, the penalty under this provision is the penalty for a Class X felony with a minimum term of imprisonment of 7 years. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5changing 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 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
17    as 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
22    a law enforcement agency explicitly represents to the
23    person 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
4        the 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 $500 in value is a Class A misdemeanor.
15        (1.1) Theft of property not from the person and not
16    exceeding $500 in value is a Class 4 felony if the theft
17    was committed in a school or place of worship or if the
18    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 $500 in
21    value who has been previously convicted of any type of
22    theft, robbery, armed robbery, burglary, residential
23    burglary, possession of burglary tools, home invasion,
24    forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
25    or 4-103.3 of the Illinois Vehicle Code relating to the
26    possession of a stolen or converted motor vehicle, or a

 

 

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1    violation of Section 17-36 of the Criminal Code of 1961 or
2    the Criminal Code of 2012, or Section 8 of the Illinois
3    Credit Card and Debit Card Act is guilty of a Class 4
4    felony.
5        (3) (Blank).
6        (4) Theft of property from the person not exceeding
7    $500 in value, or theft of property exceeding $500 and not
8    exceeding $10,000 in value, is a Class 3 felony.
9        (4.1) Theft of property from the person not exceeding
10    $500 in value, or theft of property exceeding $500 and not
11    exceeding $10,000 in value, is a Class 2 felony if the
12    theft was committed in a school or place of worship or if
13    the theft was of governmental property.
14        (5) Theft of property exceeding $10,000 and not
15    exceeding $100,000 in value is a Class 2 felony.
16        (5.1) Theft of property exceeding $10,000 and not
17    exceeding $100,000 in value is a Class 1 felony if the
18    theft was committed in a school or place of worship or if
19    the theft was of governmental property.
20        (6) Theft of property exceeding $100,000 and not
21    exceeding $500,000 in value is a Class 1 felony.
22        (6.1) Theft of property exceeding $100,000 in value is
23    a Class X felony if the theft was committed in a school or
24    place of worship or if the theft was of governmental
25    property.
26        (6.2) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value is a Class 1
2    non-probationable felony.
3        (6.3) Theft of property exceeding $1,000,000 in value
4    is a Class X felony.
5        (7) Theft by deception, as described by paragraph (2)
6    of subsection (a) of this Section, in which the offender
7    obtained money or property valued at $5,000 or more from a
8    victim 60 years of age or older or a person with a
9    disability 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        (12) A theft, as described in this Section, in which
11    the offense is committed against a not-for-profit
12    organization that is exempt from taxation under Section
13    501(c)(3) of the Internal Revenue Code of 1986 shall have
14    the following penalty:
15            (A) if the penalty otherwise provided for in this
16        Section is a Class A misdemeanor the penalty under
17        this paragraph (12) is the penalty for a Class 4
18        felony;
19            (B) if the penalty otherwise provided for in this
20        Section is a Class 4 felony the penalty under this
21        paragraph (12) is the penalty for a Class 3 felony;
22            (C) if the penalty otherwise provided for in this
23        Section is a Class 3 felony the penalty under this
24        paragraph (12) is the penalty for a Class 2 felony;
25            (D) if the penalty otherwise provided for in this
26        Section is a Class 2 felony the penalty under this

 

 

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1        paragraph (12) is the penalty for a Class 1 felony;
2            (E) if the penalty otherwise provided for in this
3        Section is a Class 1 felony the penalty under this
4        paragraph (12) is the penalty for a Class X felony; and
5            (F) if the penalty otherwise provided for in this
6        Section is a Class X felony the penalty under this
7        paragraph (12) is the penalty for a Class X felony with
8        a minimum term of imprisonment of 7 years.
9    (c) When a charge of theft of property exceeding a
10specified value is brought, the value of the property involved
11is an element of the offense to be resolved by the trier of
12fact as either exceeding or not exceeding the specified value.
13    (d) Theft by lessee; permissive inference. The trier of
14fact may infer evidence that a person intends to deprive the
15owner permanently of the use or benefit of the property (1) if
16a lessee of the personal property of another fails to return it
17to the owner within 10 days after written demand from the owner
18for its return or (2) if a lessee of the personal property of
19another fails to return it to the owner within 24 hours after
20written demand from the owner for its return and the lessee had
21presented identification to the owner that contained a
22materially fictitious name, address, or telephone number. A
23notice in writing, given after the expiration of the leasing
24agreement, addressed and mailed, by registered mail, to the
25lessee at the address given by him and shown on the leasing
26agreement shall constitute proper demand.

 

 

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

 

 

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1    of the alleged theft.
2(Source: P.A. 101-394, eff. 1-1-20.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.