Illinois General Assembly - Full Text of HB5085
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Full Text of HB5085  102nd General Assembly

HB5085 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5085

 

Introduced 1/27/2022, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-118  from Ch. 95 1/2, par. 1-118
720 ILCS 5/16-1  from Ch. 38, par. 16-1
720 ILCS 5/21-1  from Ch. 38, par. 21-1

    Amends the Illinois Vehicle Code. Includes catalytic converters as an essential part of a vehicle. Amends the Criminal Code of 2012. Provides that theft of property not from the person and not exceeding $500 in value is a Class 4 felony if the theft was of a catalytic converter and the value of the catalytic converter does not exceed $500 in value. Provides that theft of property exceeding $500 and not exceeding $10,000 in value is a Class 2 felony if the theft was of a catalytic converter and the value of the catalytic converter exceeds $500 in value. Provides that a person commits criminal damage to property when he or she knowingly damages a vehicle of another with intent to take a catalytic converter. Provides that it is an affirmative defense to a violation that the owner of the property damaged consented to the damage. Provides that a violation is a Class 4 felony when the damage to property does not exceed $500 and is a Class 2 felony when the damage to property exceeds $500.


LRB102 22363 SPS 31500 b

 

 

A BILL FOR

 

HB5085LRB102 22363 SPS 31500 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 Illinois Vehicle Code is amended by
5changing Section 1-118 as follows:
 
6    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
7    Sec. 1-118. Essential parts. All integral and body parts
8of a vehicle of a type required to be registered hereunder, the
9removal, alteration or substitution of which would tend to
10conceal the identity of the vehicle or substantially alter its
11appearance, model, type or mode of operation. "Essential
12parts" includes the following: vehicle hulks, shells, chassis,
13frames, front end assemblies (which may consist of headlight,
14grill, fenders and hood), front clip (front end assembly with
15cowl attached), rear clip (which may consist of quarter
16panels, fenders, floor and top), doors, hatchbacks, fenders,
17cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed,
18front bumper, rear bumper, transmissions, catalytic
19converters, seats, engines, and similar parts. "Essential
20parts" also includes fairings, fuel tanks, and forks of
21motorcycles. "Essential parts" shall also include stereo
22radios.
23    An essential part which does not have affixed to it an

 

 

HB5085- 2 -LRB102 22363 SPS 31500 b

1identification number as defined in Section 1-129 adopts the
2identification number of the vehicle to which such part is
3affixed, installed or mounted.
4    "Essential parts" does not include an engine,
5transmission, or a rear axle that is used in a glider kit.
6(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17;
7100-863, eff. 8-14-18.)
 
8    Section 10. The Criminal Code of 2012 is amended by
9changing Sections 16-1 and 21-1 as follows:
 
10    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
11    Sec. 16-1. Theft.
12    (a) A person commits theft when he or she knowingly:
13        (1) Obtains or exerts unauthorized control over
14    property of the owner; or
15        (2) Obtains by deception control over property of the
16    owner; or
17        (3) Obtains by threat control over property of the
18    owner; or
19        (4) Obtains control over stolen property knowing the
20    property to have been stolen or under such circumstances
21    as would reasonably induce him or her to believe that the
22    property was stolen; or
23        (5) Obtains or exerts control over property in the
24    custody of any law enforcement agency which any law

 

 

HB5085- 3 -LRB102 22363 SPS 31500 b

1    enforcement officer or any individual acting in behalf of
2    a law enforcement agency explicitly represents to the
3    person as being stolen or represents to the person such
4    circumstances as would reasonably induce the person to
5    believe that the property was stolen, and
6            (A) Intends to deprive the owner permanently of
7        the use or benefit of the property; or
8            (B) Knowingly uses, conceals or abandons the
9        property in such manner as to deprive the owner
10        permanently of such use or benefit; or
11            (C) Uses, conceals, or abandons the property
12        knowing such use, concealment or abandonment probably
13        will deprive the owner permanently of such use or
14        benefit.
15    (b) Sentence.
16        (1) Theft of property not from the person and not
17    exceeding $500 in value is a Class A misdemeanor.
18        (1.1) Theft of property not from the person and not
19    exceeding $500 in value is a Class 4 felony if the theft
20    was committed in a school or place of worship, or if the
21    theft was of governmental property, or if the theft was of
22    a catalytic converter and the value of the catalytic
23    converter does not exceed $500 in value.
24        (2) A person who has been convicted of theft of
25    property not from the person and not exceeding $500 in
26    value who has been previously convicted of any type of

 

 

HB5085- 4 -LRB102 22363 SPS 31500 b

1    theft, robbery, armed robbery, burglary, residential
2    burglary, possession of burglary tools, home invasion,
3    forgery, a violation of Section 4-103, 4-103.1, 4-103.2,
4    or 4-103.3 of the Illinois Vehicle Code relating to the
5    possession of a stolen or converted motor vehicle, or a
6    violation of Section 17-36 of the Criminal Code of 1961 or
7    the Criminal Code of 2012, or Section 8 of the Illinois
8    Credit Card and Debit Card Act is guilty of a Class 4
9    felony.
10        (3) (Blank).
11        (4) Theft of property from the person not exceeding
12    $500 in value, or theft of property exceeding $500 and not
13    exceeding $10,000 in value, is a Class 3 felony.
14        (4.1) Theft of property from the person not exceeding
15    $500 in value, or theft of property exceeding $500 and not
16    exceeding $10,000 in value, is a Class 2 felony if the
17    theft was committed in a school or place of worship, or if
18    the theft was of governmental property, or if the theft
19    was of a catalytic converter and the value of the
20    catalytic converter exceeds $500 in value.
21        (5) Theft of property exceeding $10,000 and not
22    exceeding $100,000 in value is a Class 2 felony.
23        (5.1) Theft of property exceeding $10,000 and not
24    exceeding $100,000 in value is a Class 1 felony if the
25    theft was committed in a school or place of worship or if
26    the theft was of governmental property.

 

 

HB5085- 5 -LRB102 22363 SPS 31500 b

1        (6) Theft of property exceeding $100,000 and not
2    exceeding $500,000 in value is a Class 1 felony.
3        (6.1) Theft of property exceeding $100,000 in value is
4    a Class X felony if the theft was committed in a school or
5    place of worship or if the theft was of governmental
6    property.
7        (6.2) Theft of property exceeding $500,000 and not
8    exceeding $1,000,000 in value is a Class 1
9    non-probationable felony.
10        (6.3) Theft of property exceeding $1,000,000 in value
11    is a Class X felony.
12        (7) Theft by deception, as described by paragraph (2)
13    of subsection (a) of this Section, in which the offender
14    obtained money or property valued at $5,000 or more from a
15    victim 60 years of age or older or a person with a
16    disability is a Class 2 felony.
17        (8) Theft by deception, as described by paragraph (2)
18    of subsection (a) of this Section, in which the offender
19    falsely poses as a landlord or agent or employee of the
20    landlord and obtains a rent payment or a security deposit
21    from a tenant is a Class 3 felony if the rent payment or
22    security deposit obtained does not exceed $500.
23        (9) 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 2 felony if the rent payment or
2    security deposit obtained exceeds $500 and does not exceed
3    $10,000.
4        (10) 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 1 felony if the rent payment or
9    security deposit obtained exceeds $10,000 and does not
10    exceed $100,000.
11        (11) Theft by deception, as described by paragraph (2)
12    of subsection (a) of this Section, in which the offender
13    falsely poses as a landlord or agent or employee of the
14    landlord and obtains a rent payment or a security deposit
15    from a tenant is a Class X felony if the rent payment or
16    security deposit obtained exceeds $100,000.
17    (c) When a charge of theft of property exceeding a
18specified value is brought, the value of the property involved
19is an element of the offense to be resolved by the trier of
20fact as either exceeding or not exceeding the specified value.
21    (d) Theft by lessee; permissive inference. The trier of
22fact may infer evidence that a person intends to deprive the
23owner permanently of the use or benefit of the property (1) if
24a lessee of the personal property of another fails to return it
25to the owner within 10 days after written demand from the owner
26for its return or (2) if a lessee of the personal property of

 

 

HB5085- 7 -LRB102 22363 SPS 31500 b

1another fails to return it to the owner within 24 hours after
2written demand from the owner for its return and the lessee had
3presented identification to the owner that contained a
4materially fictitious name, address, or telephone number. A
5notice in writing, given after the expiration of the leasing
6agreement, addressed and mailed, by registered mail, to the
7lessee at the address given by him and shown on the leasing
8agreement shall constitute proper demand.
9    (e) Permissive inference; evidence of intent that a person
10obtains by deception control over property. The trier of fact
11may infer that a person "knowingly obtains by deception
12control over property of the owner" when he or she fails to
13return, within 45 days after written demand from the owner,
14the downpayment and any additional payments accepted under a
15promise, oral or in writing, to perform services for the owner
16for consideration of $3,000 or more, and the promisor
17knowingly without good cause failed to substantially perform
18pursuant to the agreement after taking a down payment of 10% or
19more of the agreed upon consideration. This provision shall
20not apply where the owner initiated the suspension of
21performance under the agreement, or where the promisor
22responds to the notice within the 45-day notice period. A
23notice in writing, addressed and mailed, by registered mail,
24to the promisor at the last known address of the promisor,
25shall constitute proper demand.
26    (f) Offender's interest in the property.

 

 

HB5085- 8 -LRB102 22363 SPS 31500 b

1        (1) It is no defense to a charge of theft of property
2    that the offender has an interest therein, when the owner
3    also has an interest to which the offender is not
4    entitled.
5        (2) Where the property involved is that of the
6    offender's spouse, no prosecution for theft may be
7    maintained unless the parties were not living together as
8    man and wife and were living in separate abodes at the time
9    of the alleged theft.
10(Source: P.A. 101-394, eff. 1-1-20.)
 
11    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
12    Sec. 21-1. Criminal damage to property.
13    (a) A person commits criminal damage to property when he
14or she:
15        (1) knowingly damages any property of another;
16        (2) recklessly by means of fire or explosive damages
17    property of another;
18        (3) knowingly starts a fire on the land of another;
19        (4) knowingly injures a domestic animal of another
20    without his or her consent;
21        (5) knowingly deposits on the land or in the building
22    of another any stink bomb or any offensive smelling
23    compound and thereby intends to interfere with the use by
24    another of the land or building;
25        (6) knowingly damages any property, other than as

 

 

HB5085- 9 -LRB102 22363 SPS 31500 b

1    described in paragraph (2) of subsection (a) of Section
2    20-1, with intent to defraud an insurer;
3        (7) knowingly shoots a firearm at any portion of a
4    railroad train;
5        (8) knowingly, without proper authorization, cuts,
6    injures, damages, defaces, destroys, or tampers with any
7    fire hydrant or any public or private fire fighting
8    equipment, or any apparatus appertaining to fire fighting
9    equipment; or
10        (9) intentionally, without proper authorization, opens
11    any fire hydrant; or .
12        (10) knowingly damages a vehicle of another with
13    intent to take a catalytic converter.
14    (b) When the charge of criminal damage to property
15exceeding a specified value is brought, the extent of the
16damage is an element of the offense to be resolved by the trier
17of fact as either exceeding or not exceeding the specified
18value.
19    (c) It is an affirmative defense to a violation of
20paragraph (1), (3), or (5), or (10) of subsection (a) of this
21Section that the owner of the property or land damaged
22consented to the damage.
23    (d) Sentence.
24        (1) A violation of subsection (a) shall have the
25    following penalties:
26            (A) A violation of paragraph (8) or (9) is a Class

 

 

HB5085- 10 -LRB102 22363 SPS 31500 b

1        B misdemeanor.
2            (B) A violation of paragraph (1), (2), (3), (5),
3        or (6) is a Class A misdemeanor when the damage to
4        property does not exceed $500.
5            (C) A violation of paragraph (1), (2), (3), (5),
6        or (6) is a Class 4 felony when the damage to property
7        does not exceed $500 and the damage occurs to property
8        of a school or place of worship or to farm equipment or
9        immovable items of agricultural production, including
10        but not limited to grain elevators, grain bins, and
11        barns or property which memorializes or honors an
12        individual or group of police officers, fire fighters,
13        members of the United States Armed Forces, National
14        Guard, or veterans.
15            (D) A violation of paragraph (4) is a Class 4
16        felony when the damage to property does not exceed
17        $10,000.
18            (E) A violation of paragraph (7) is a Class 4
19        felony.
20            (F) A violation of paragraph (1), (2), (3), (5) or
21        (6) is a Class 4 felony when the damage to property
22        exceeds $500 but does not exceed $10,000.
23            (G) A violation of paragraphs (1) through (6) is a
24        Class 3 felony when the damage to property exceeds
25        $500 but does not exceed $10,000 and the damage occurs
26        to property of a school or place of worship or to farm

 

 

HB5085- 11 -LRB102 22363 SPS 31500 b

1        equipment or immovable items of agricultural
2        production, including but not limited to grain
3        elevators, grain bins, and barns or property which
4        memorializes or honors an individual or group of
5        police officers, fire fighters, members of the United
6        States Armed Forces, National Guard, or veterans.
7            (H) A violation of paragraphs (1) through (6) is a
8        Class 3 felony when the damage to property exceeds
9        $10,000 but does not exceed $100,000.
10            (I) A violation of paragraphs (1) through (6) is a
11        Class 2 felony when the damage to property exceeds
12        $10,000 but does not exceed $100,000 and the damage
13        occurs to property of a school or place of worship or
14        to farm equipment or immovable items of agricultural
15        production, including but not limited to grain
16        elevators, grain bins, and barns or property which
17        memorializes or honors an individual or group of
18        police officers, fire fighters, members of the United
19        States Armed Forces, National Guard, or veterans.
20            (J) A violation of paragraphs (1) through (6) is a
21        Class 2 felony when the damage to property exceeds
22        $100,000. A violation of paragraphs (1) through (6) is
23        a Class 1 felony when the damage to property exceeds
24        $100,000 and the damage occurs to property of a school
25        or place of worship or to farm equipment or immovable
26        items of agricultural production, including but not

 

 

HB5085- 12 -LRB102 22363 SPS 31500 b

1        limited to grain elevators, grain bins, and barns or
2        property which memorializes or honors an individual or
3        group of police officers, fire fighters, members of
4        the United States Armed Forces, National Guard, or
5        veterans.
6            (K) A violation of paragraph (10) of subsection
7        (a) is a Class 4 felony when the damage to property
8        does not exceed $500.
9            (L) A violation of paragraph (10) of subsection
10        (a) is a Class 2 felony when the damage to property
11        exceeds $500.
12        (2) When the damage to property exceeds $10,000, the
13    court shall impose upon the offender a fine equal to the
14    value of the damages to the property.
15        (3) In addition to any other sentence that may be
16    imposed, a court shall order any person convicted of
17    criminal damage to property to perform community service
18    for not less than 30 and not more than 120 hours, if
19    community service is available in the jurisdiction and is
20    funded and approved by the county board of the county
21    where the offense was committed. In addition, whenever any
22    person is placed on supervision for an alleged offense
23    under this Section, the supervision shall be conditioned
24    upon the performance of the community service.
25        The community service requirement does not apply when
26    the court imposes a sentence of incarceration.

 

 

HB5085- 13 -LRB102 22363 SPS 31500 b

1        (4) In addition to any criminal penalties imposed for
2    a violation of this Section, if a person is convicted of or
3    placed on supervision for knowingly damaging or destroying
4    crops of another, including crops intended for personal,
5    commercial, research, or developmental purposes, the
6    person is liable in a civil action to the owner of any
7    crops damaged or destroyed for money damages up to twice
8    the market value of the crops damaged or destroyed.
9        (5) For the purposes of this subsection (d), "farm
10    equipment" means machinery or other equipment used in
11    farming.
12(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)