093_SB0265enr

 
SB265 Enrolled                       LRB093 05170 RLC 05230 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Criminal  Code  of 1961 is amended by
 5    changing Sections 16-1 and 29B-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 knowingly:
 9             (1)  Obtains or  exerts  unauthorized  control  over
10        property of the owner; or
11             (2)  Obtains  by  deception control over property of
12        the owner; or
13             (3)  Obtains by threat control over property of  the
14        owner; or
15             (4)  Obtains  control  over  stolen property knowing
16        the  property  to  have  been  stolen   or   under   such
17        circumstances  as  would reasonably induce him to believe
18        that the property was stolen; or
19             (5)  Obtains or exerts control over property in  the
20        custody of any law enforcement agency which is explicitly
21        represented  to him by any law enforcement officer or any
22        individual acting in behalf of a law  enforcement  agency
23        as being stolen, and
24                  (A)  Intends  to  deprive the owner permanently
25             of the use or benefit of the property; or
26                  (B)  Knowingly uses, conceals or  abandons  the
27             property  in  such  manner  as  to deprive the owner
28             permanently of such use or benefit; or
29                  (C)  Uses, conceals, or abandons  the  property
30             knowing   such   use,   concealment  or  abandonment
31             probably will deprive the owner permanently of  such
 
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 1             use or benefit.
 2        (b)  Sentence.
 3             (1)  Theft  of  property not from the person and not
 4        exceeding $300 in value is a Class A misdemeanor.
 5             (1.1)  Theft of property not from the person and not
 6        exceeding $300 in value is a Class 4 felony if the  theft
 7        was committed in a school or place of worship.
 8             (2)  A  person  who  has  been convicted of theft of
 9        property not from the person and not  exceeding  $300  in
10        value  who  has  been previously convicted of any type of
11        theft,  robbery,  armed  robbery,  burglary,  residential
12        burglary, possession of burglary  tools,  home  invasion,
13        forgery,  a violation of Section 4-103, 4-103.1, 4-103.2,
14        or 4-103.3 of the Illinois Vehicle Code relating  to  the
15        possession  of  a stolen or converted motor vehicle, or a
16        violation of Section 8 of the Illinois  Credit  Card  and
17        Debit  Card  Act  is  guilty of a Class 4 felony.  When a
18        person has any such prior conviction, the information  or
19        indictment  charging  that  person shall state such prior
20        conviction so as to give notice of the State's  intention
21        to  treat the charge as a felony.  The fact of such prior
22        conviction is not an element of the offense and  may  not
23        be  disclosed  to  the jury during trial unless otherwise
24        permitted by issues properly raised during such trial.
25             (3)  (Blank).
26             (4)  Theft of property from the person not exceeding
27        $300 in value, or theft of property  exceeding  $300  and
28        not exceeding $10,000 in value, is a Class 3 felony.
29             (4.1)  Theft   of   property  from  the  person  not
30        exceeding $300 in value, or theft of  property  exceeding
31        $300  and  not  exceeding  $10,000 in value, is a Class 2
32        felony if the theft was committed in a school or place of
33        worship.
34             (5)  Theft of property  exceeding  $10,000  and  not
 
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 1        exceeding $100,000 in value is a Class 2 felony.
 2             (5.1)  Theft  of  property exceeding $10,000 and not
 3        exceeding $100,000 in value is a Class 1  felony  if  the
 4        theft was committed in a school or place of worship.
 5             (6)  Theft  of  property  exceeding $100,000 and not
 6        exceeding $500,000 in value is a Class 1 felony.
 7             (6.1)  Theft of property exceeding $100,000 in value
 8        is a Class X felony if  the  theft  was  committed  in  a
 9        school or place of worship.
10             (6.2)  Theft of property exceeding $500,000 in value
11        is a Class 1 non-probationable felony.
12             (7)  Theft by deception, as described  by  paragraph
13        (2)  of  subsection  (a)  of  this  Section, in which the
14        offender obtained money or property valued at  $5,000  or
15        more  from a victim 60 years of age or older is a Class 2
16        felony.
17        (c)  When a charge  of  theft  of  property  exceeding  a
18    specified  value  is  brought,  the  value  of  the  property
19    involved  is  an element of the offense to be resolved by the
20    trier of fact  as  either  exceeding  or  not  exceeding  the
21    specified value.
22    (Source:  P.A.  91-118,  eff.  1-1-00;  91-360, eff. 7-29-99;
23    91-544, eff. 1-1-00; 92-16, eff. 6-28-01.)

24        (720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
25        Sec. 29B-1.  (a) A person commits the  offense  of  money
26    laundering:
27             (1)  when he knowingly engages or attempts to engage
28        in a financial transaction in criminally derived property
29        with  either the intent to promote the carrying on of the
30        unlawful  activity  from  which  the  criminally  derived
31        property was obtained or where  he  knows  or  reasonably
32        should know that the financial transaction is designed in
33        whole  or  in part to conceal or disguise the nature, the
 
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 1        location, the source, the ownership or the control of the
 2        criminally derived property; or
 3             (2)  when, with the intent to:
 4                  (A)  promote the carrying  on  of  a  specified
 5             criminal activity as defined in this Article; or
 6                  (B)  conceal  or disguise the nature, location,
 7             source, ownership, or control of  property  believed
 8             to  be the proceeds of a specified criminal activity
 9             as defined by subdivision (b)(6),
10        he or she conducts or attempts  to  conduct  a  financial
11        transaction  involving  property he or she believes to be
12        the proceeds of specified criminal activity as defined by
13        subdivision  (b)(6)  or  property  used  to  conduct   or
14        facilitate  specified  criminal  activity  as  defined by
15        subdivision (b)(6).
16        (b)  As used in this Section:
17             (1)  "Financial transaction" means a purchase, sale,
18        loan,  pledge,  gift,   transfer,   delivery   or   other
19        disposition  utilizing  criminally  derived property, and
20        with  respect  to  financial  institutions,  includes   a
21        deposit,  withdrawal, transfer between accounts, exchange
22        of currency, loan, extension of credit, purchase or  sale
23        of  any  stock,  bond,  certificate  of  deposit or other
24        monetary instrument or any  other  payment,  transfer  or
25        delivery  by, through, or to a financial institution. For
26        purposes of clause  (a)(2)  of  this  Section,  the  term
27        "financial  transaction"  also  means a transaction which
28        without   regard   to   whether   the   funds,   monetary
29        instruments, or real or personal property involved in the
30        transaction are criminally derived, any transaction which
31        in any way or degree: (1) involves the movement of  funds
32        by  wire  or  any  other  means; (2) involves one or more
33        monetary instruments; or (3) the transfer of title to any
34        real or personal property. The receipt by an attorney  of
 
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 1        bona fide fees for the purpose of legal representation is
 2        not a financial transaction for purposes of this Section.
 3             (2)  "Financial  institution" means any bank; saving
 4        and loan association; trust company; agency or branch  of
 5        a  foreign  bank in the United States; currency exchange;
 6        credit union, mortgage banking  institution;  pawnbroker;
 7        loan  or  finance  company;  operator  of  a  credit card
 8        system; issuer, redeemer or cashier of travelers  checks,
 9        checks or money orders; dealer in precious metals, stones
10        or jewels; broker or dealer in securities or commodities;
11        investment banker; or investment company.
12             (3)  "Monetary instrument" means United States coins
13        and  currency;  coins  and currency of a foreign country;
14        travelers checks; personal checks, bank checks, and money
15        orders;   investment   securities;   bearer    negotiable
16        instruments;  bearer  investment  securities;  or  bearer
17        securities  and  certificates  of stock in such form that
18        title thereto passes upon delivery.
19             (4)  "Criminally derived property"  means:  (A)  any
20        property  constituting or derived from proceeds obtained,
21        directly or indirectly, pursuant to a  violation  of  the
22        Criminal Code of 1961, the Illinois Controlled Substances
23        Act  or  the  Cannabis  Control  Act; or (B) any property
24        represented to be property constituting or  derived  from
25        proceeds  obtained, directly or indirectly, pursuant to a
26        violation  of  this   Code,   the   Illinois   Controlled
27        Substances Act, or the Cannabis Control Act.
28             (5)  "Conduct"  or  "conducts" includes, in addition
29        to  its  ordinary  meaning,  initiating,  concluding,  or
30        participating in initiating or concluding a transaction.
31             (6)  "Specified   criminal   activity"   means   any
32        violation of Section 20.5-5 (720 ILCS 5/20.5-5)  and  any
33        violation of Article 29D of this Code.
34        (c)  Sentence.
 
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 1             (1)  Laundering  of criminally derived property of a
 2        value not exceeding $10,000 is a Class 3 felony;
 3             (2)  Laundering of criminally derived property of  a
 4        value  exceeding  $10,000 but not exceeding $100,000 is a
 5        Class 2 felony;
 6             (3)  Laundering of criminally derived property of  a
 7        value  exceeding $100,000 but not exceeding $500,000 is a
 8        Class 1 felony;
 9             (4)  Money laundering  in  violation  of  subsection
10        (a)(2) of this Section is a Class X felony;.
11             (5)  Laundering  of criminally derived property of a
12        value exceeding $500,000 is a Class  1  non-probationable
13        felony.
14    (Source: P.A. 92-854, eff. 12-5-02.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.