Full Text of SB3797 96th General Assembly
SB3797enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 16-1, 16A-2.2, 16A-10, 16H-60, and 16J-25 and by | 6 |
| adding Sections 16A-2.14 and 16A-11 as follows:
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| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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| Sec. 16-1. Theft.
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| (a) A person commits theft when he knowingly:
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| (1) Obtains or exerts unauthorized control over | 11 |
| property of the
owner; or
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| (2) Obtains by deception control over property of the | 13 |
| owner; or
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| (3) Obtains by threat control over property of the | 15 |
| owner; or
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| (4) Obtains control over stolen property knowing the | 17 |
| property to
have been stolen or under such circumstances as | 18 |
| would
reasonably induce him to believe that the property | 19 |
| was stolen; or
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| (5) Obtains or exerts control over property in the | 21 |
| custody of any law
enforcement agency which is explicitly | 22 |
| represented to him by any law
enforcement officer or any | 23 |
| individual acting in behalf of a law enforcement
agency as |
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| being stolen, and
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| (A) Intends to deprive the owner permanently of the | 3 |
| use or
benefit of the property; or
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| (B) Knowingly uses, conceals or abandons the | 5 |
| property in such
manner as to deprive the owner | 6 |
| permanently of such use or benefit; or
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| (C) Uses, conceals, or abandons the property | 8 |
| knowing such use,
concealment or abandonment probably | 9 |
| will deprive the owner permanently
of such use or | 10 |
| benefit.
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| (b) Sentence.
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| (1) Theft of property not from the person and
not | 13 |
| exceeding $500 $300 in value is a Class A misdemeanor.
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| (1.1) Theft of property not from the person and
not | 15 |
| exceeding $500 $300 in value is a Class 4 felony if the | 16 |
| theft was committed in a
school or place of worship or if | 17 |
| the theft was of governmental property.
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| (2) A person who has been convicted of theft of | 19 |
| property not from the
person and not exceeding
$500 $300 in | 20 |
| value who has been
previously convicted of any type of | 21 |
| theft, robbery, armed robbery,
burglary, residential | 22 |
| burglary, possession of burglary tools, home
invasion, | 23 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | 24 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 25 |
| possession of a stolen or
converted motor vehicle, or a | 26 |
| violation of Section 8 of the Illinois Credit
Card and |
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| Debit Card Act is guilty of a Class 4 felony. When a person | 2 |
| has any
such prior
conviction, the information or | 3 |
| indictment charging that person shall state
such prior | 4 |
| conviction so as to give notice of the State's intention to
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| treat the charge as a felony. The fact of such prior | 6 |
| conviction is not an
element of the offense and may not be | 7 |
| disclosed to the jury during trial
unless otherwise | 8 |
| permitted by issues properly raised during such trial.
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| (3) (Blank).
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| (4) Theft of property from the person not exceeding | 11 |
| $500 $300 in value, or
theft of
property exceeding $500 | 12 |
| $300 and not exceeding $10,000 in value, is a
Class 3 | 13 |
| felony.
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| (4.1) Theft of property from the person not exceeding | 15 |
| $500 $300 in value, or
theft of property exceeding $500 | 16 |
| $300 and not exceeding $10,000 in value, is a Class
2 | 17 |
| felony if the theft was committed in a school or place of | 18 |
| worship or if the theft was of governmental property.
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| (5) Theft of property exceeding $10,000 and not | 20 |
| exceeding
$100,000 in value is a Class 2 felony.
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| (5.1) Theft of property exceeding $10,000 and not | 22 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 23 |
| theft was committed in a school or place of worship or if | 24 |
| the theft was of governmental property.
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| (6) Theft of property exceeding $100,000 and not | 26 |
| exceeding $500,000 in
value is a Class 1 felony.
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| (6.1) Theft of property exceeding $100,000 in value is | 2 |
| a Class X felony
if the theft was committed in a school or | 3 |
| place of worship or if the theft was of governmental | 4 |
| property.
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| (6.2) Theft of property exceeding $500,000 and not | 6 |
| exceeding $1,000,000 in value is a Class 1
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| non-probationable
felony.
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| (6.3) Theft of property exceeding $1,000,000 in value | 9 |
| is a Class X felony.
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| (7) Theft by deception, as described by paragraph (2) | 11 |
| of
subsection (a) of
this Section, in which the offender | 12 |
| obtained money or property valued at
$5,000 or more from a | 13 |
| victim 60 years of age or older is a Class 2 felony.
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| (8) Theft by deception, as described by paragraph (2) | 15 |
| of
subsection (a) of
this Section, in which the offender | 16 |
| falsely poses as a landlord or agent or employee of the | 17 |
| landlord and obtains a rent payment or a security deposit | 18 |
| from a tenant is a Class 3 felony if the rent payment or | 19 |
| security deposit obtained does not exceed $500 $300 . | 20 |
| (9) Theft by deception, as described by paragraph (2) | 21 |
| of
subsection (a) of
this Section, in which the offender | 22 |
| falsely poses as a landlord or agent or employee of the | 23 |
| landlord and obtains a rent payment or a security deposit | 24 |
| from a tenant is a Class 2 felony if the rent payment or | 25 |
| security deposit obtained exceeds $500 $300 and does not | 26 |
| exceed $10,000. |
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| (10) Theft by deception, as described by paragraph (2) | 2 |
| of
subsection (a) of
this Section, in which the offender | 3 |
| falsely poses as a landlord or agent or employee of the | 4 |
| landlord and obtains a rent payment or a security deposit | 5 |
| from a tenant is a Class 1 felony if the rent payment or | 6 |
| security deposit obtained exceeds $10,000 and does not | 7 |
| exceed $100,000. | 8 |
| (11) Theft by deception, as described by paragraph (2) | 9 |
| of
subsection (a) of
this Section, in which the offender | 10 |
| falsely poses as a landlord or agent or employee of the | 11 |
| landlord and obtains a rent payment or a security deposit | 12 |
| from a tenant is a Class X felony if the rent payment or | 13 |
| security deposit obtained exceeds $100,000. | 14 |
| (c) When a charge of theft of property exceeding a | 15 |
| specified value
is brought, the value of the property involved | 16 |
| is an element of the offense
to be resolved by the trier of | 17 |
| fact as either exceeding or not exceeding
the specified value.
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| (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | 19 |
| revised 10-9-09.)
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| (720 ILCS 5/16A-2.2) (from Ch. 38, par. 16A-2.2)
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| Sec. 16A-2.2.
"Full retail value Retail Value " means the | 22 |
| merchant's stated
or advertised price of the merchandise. "Full | 23 |
| retail value" includes the aggregate value of property obtained | 24 |
| from retail thefts committed by the same person as part of a | 25 |
| continuing course of conduct from one or more mercantile |
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| establishments in a single transaction or in separate | 2 |
| transactions over a period of one year.
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| (Source: P.A. 79-840.)
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| (720 ILCS 5/16A-2.14 new) | 5 |
| Sec. 16A-2.14. Continuing course of conduct. "Continuing | 6 |
| course of conduct" means a series of acts, and the accompanying | 7 |
| mental state necessary for the crime in question, irrespective | 8 |
| of whether the series of acts are continuous or intermittent.
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| (720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
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| Sec. 16A-10. Sentence. | 11 |
| (1) Retail theft of property, the full retail
value of | 12 |
| which does not exceed $300 $150 , is a Class A misdemeanor. | 13 |
| Theft by emergency exit of property, the full retail
value of | 14 |
| which does not exceed $300 $150 , is a Class 4 felony.
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| (2) A person who has been convicted of retail theft of | 16 |
| property, the
full retail value of which does not exceed $300 | 17 |
| $150 , and who has been
previously convicted of any type of | 18 |
| theft, robbery, armed robbery,
burglary, residential burglary, | 19 |
| possession of burglary tools or home
invasion is guilty of a | 20 |
| Class 4 felony. A person who has been convicted of theft by | 21 |
| emergency exit of property, the
full retail value of which does | 22 |
| not exceed $300 $150 , and who has been
previously convicted of | 23 |
| any type of theft, robbery, armed robbery,
burglary, | 24 |
| residential burglary, possession of burglary tools or home
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LRB096 20804 RLC 36564 b |
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| invasion is guilty of a Class 3 felony. When a person has any | 2 |
| such prior
conviction, the information or indictment charging | 3 |
| that person shall state
such prior conviction so as to give | 4 |
| notice of the State's intention to
treat the charge of retail | 5 |
| theft as a felony. The fact of such prior conviction is not an
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| element of the offense and may not be disclosed to the jury | 7 |
| during trial
unless otherwise permitted by issues properly | 8 |
| raised during such trial.
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| (3) Any retail theft of property, the full retail value of
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| which exceeds $300 in a single transaction, or in separate | 11 |
| transactions committed by the same person as part of a | 12 |
| continuing course of conduct from one or more mercantile | 13 |
| establishments over a period of one year $150 , is a Class 3 | 14 |
| felony.
Theft by emergency exit of property, the full retail | 15 |
| value of
which exceeds $300 in a single transaction, or in | 16 |
| separate transactions committed by the same person as part of a | 17 |
| continuing course of conduct from one or more mercantile | 18 |
| establishments over a period of one year $150 , is a Class 2 | 19 |
| felony. When a charge of retail theft of property or theft by | 20 |
| emergency exit of property, the full value of which
exceeds | 21 |
| $300 $150 , is brought, the value of the property involved is an | 22 |
| element
of the offense to be resolved by the trier of fact as | 23 |
| either exceeding or
not exceeding $300 $150 .
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| (Source: P.A. 94-449, eff. 8-4-05.)
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| (720 ILCS 5/16A-11 new) |
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| Sec. 16A-11. Venue. Multiple thefts committed by the same | 2 |
| person as part of a continuing course of conduct in different | 3 |
| jurisdictions that have been aggregated in one jurisdiction may | 4 |
| be prosecuted in any jurisdiction in which one or more of the | 5 |
| thefts occurred.
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| (720 ILCS 5/16H-60)
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| Sec. 16H-60. Sentence.
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| (a) A financial crime, the full value of which does not | 9 |
| exceed $500 $300 , is
a Class A misdemeanor.
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| (b) A person who has been convicted of a financial crime, | 11 |
| the full
value of which does not exceed $500 $300 , and who has | 12 |
| been previously
convicted of a financial crime or any type of | 13 |
| theft, robbery, armed robbery,
burglary, residential burglary, | 14 |
| possession of burglary tools, or home
invasion, is guilty of a | 15 |
| Class 4 felony. When a person has such prior
conviction, the | 16 |
| information or indictment charging that person shall state
such | 17 |
| prior conviction so as to give notice of the State's intention | 18 |
| to treat
the
charge as a felony. The fact of such prior | 19 |
| conviction is not an element of the
offense and may not be | 20 |
| disclosed to the jury during trial unless otherwise
permitted | 21 |
| by issues properly raised during such trial.
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| (c) A financial crime, the full value of which exceeds $500 | 23 |
| $300 but does
not exceed $10,000, is a Class 3 felony. When a | 24 |
| charge of financial crime,
the full value of which exceeds $500 | 25 |
| $300 but does not exceed $10,000, is
brought, the value of the |
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| financial crime involved is an element of the
offense to be | 2 |
| resolved by the trier of fact as either exceeding or not
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| exceeding $500 $300 .
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| (d) A financial crime, the full value of which exceeds | 5 |
| $10,000 but
does not exceed $100,000, is a Class 2 felony. When | 6 |
| a charge of financial
crime, the full value of which exceeds | 7 |
| $10,000 but does not exceed
$100,000, is brought, the value of | 8 |
| the financial crime involved is an element
of the offense to be | 9 |
| resolved by the trier of fact as either exceeding or not
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| exceeding $10,000.
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| (e) A financial crime, the full value of which exceeds | 12 |
| $100,000, is a Class
1 felony.
When a charge of financial | 13 |
| crime, the full value of which exceeds $100,000,
is brought, | 14 |
| the value of the financial crime involved is an element of the
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| offense to be resolved by the trier of fact as either exceeding | 16 |
| or not
exceeding $100,000.
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| (f) A financial crime which is a financial institution | 18 |
| robbery is a
Class 1 felony.
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| (g) A financial crime which is a continuing financial | 20 |
| crimes
enterprise is a Class 1 felony.
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| (h) A financial crime which is the offense of being an | 22 |
| organizer of a
continuing financial crimes enterprise is a | 23 |
| Class X felony.
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| (i) (Blank).
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| (Source: P.A. 96-534, eff. 8-14-09.)
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| (720 ILCS 5/16J-25)
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| Sec. 16J-25. Sentence. A violation of this Article is a | 3 |
| Class 4 felony if the full retail value of the stolen property | 4 |
| or property obtained by deception does not exceed $300 $150 . A | 5 |
| violation of this Article is a Class 2 felony if the full | 6 |
| retail value of the stolen property or property obtained by | 7 |
| deception exceeds $300 $150 .
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| (Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)
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| Section 10. The Telephone Charge Fraud Act is amended by | 10 |
| changing Section 1 as follows:
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| (720 ILCS 365/1) (from Ch. 134, par. 15c)
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| Sec. 1.
Any individual, corporation, or other person, who, | 13 |
| with intent to
defraud or to aid and abet another to defraud | 14 |
| any individual, corporation, or
other person, of the lawful | 15 |
| charge, in whole or in part, for any
telecommunications | 16 |
| service, shall obtain, or attempt to obtain, or aid and abet
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| another to obtain or to attempt to obtain, any | 18 |
| telecommunications service:
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| (a) by charging such service to an existing telephone | 20 |
| number or credit
card number without the authority of the | 21 |
| subscriber thereto or the legitimate
holder thereof, or,
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| (b) charging such service to a nonexistent, false, | 23 |
| fictitious, or
counterfeit telephone number or credit card | 24 |
| number or to a suspended,
terminated, expired, cancelled, or |
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| revoked telephone number or credit card
number, or,
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| (c) by use of a code, prearranged scheme, or other similar | 3 |
| stratagem or
device whereby said person, in effect, sends or | 4 |
| receives information, or,
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| (d) by installing, rearranging, or tampering with any | 6 |
| facilities or
equipment, whether physically, inductively, | 7 |
| acoustically, electronically,
or,
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| (e) by publishing the number or code of an existing, | 9 |
| canceled, revoked
or nonexistent telephone number, credit | 10 |
| number or other credit device or
method of numbering or coding | 11 |
| which is employed in the issuance of
telephone numbers, credit | 12 |
| numbers or other credit devices which may be used
to avoid the | 13 |
| payment of any lawful telephone toll charge, or,
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| (f) by publishing plans, diagrams or methods for the | 15 |
| construction,
assembly or usage of any device, instrument or | 16 |
| gadget which may be used to
avoid the payment of any lawful | 17 |
| telephone toll charge, or,
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| (g) by any other trick, stratagem, impersonation, false | 19 |
| pretense, false
representation, false statement, contrivance, | 20 |
| device, or means, shall be
deemed guilty of a Class A | 21 |
| Misdemeanor; provided, however, that (a) a second
conviction of | 22 |
| an offense under this Section, (b) commission of an offense for
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| remuneration, or (c) an offense involving the defrauding of | 24 |
| services in excess
of $500 $300 is a Class 4 felony.
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| As used in this Section "publish" means the communication | 26 |
| or
dissemination of information to any one or more persons, |
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| either orally, in
person, or by telephone, radio or television | 2 |
| or in writing of any kind,
including, without limitation, a | 3 |
| letter or memorandum, circular or
handbill, newspaper or | 4 |
| magazine article or book.
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| (Source: P.A. 88-75.)
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