State of Illinois
90th General Assembly

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      720 ILCS 5/16-1           from Ch. 38, par. 16-1
          Amends the Criminal Code  of  1961.   Makes  a  stylistic
      change in the theft statute.
 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 16-1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 16-1 as follows:
 7        (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
 8        Sec. 16-1.  Theft.
 9        (a)  A person commits theft when he or she knowingly:
10             (1)  Obtains or  exerts  unauthorized  control  over
11        property of the owner; or
12             (2)  Obtains  by  deception control over property of
13        the owner; or
14             (3)  Obtains by threat control over property of  the
15        owner; or
16             (4)  Obtains  control  over  stolen property knowing
17        the  property  to  have  been  stolen   or   under   such
18        circumstances  as  would reasonably induce him to believe
19        that the property was stolen; or
20             (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
24        as being stolen, and
25                  (A)  Intends  to  deprive the owner permanently
26             of the use or benefit of the property; or
27                  (B)  Knowingly uses, conceals or  abandons  the
28             property  in  such  manner  as  to deprive the owner
29             permanently of such use or benefit; or
30                  (C)  Uses, conceals, or abandons  the  property
31             knowing   such   use,   concealment  or  abandonment
                            -2-                LRB9010305RCks
 1             probably will deprive the owner permanently of  such
 2             use or benefit.
 3        The  term  "firearm" for the purposes of this Section has
 4    the meaning ascribed to it in  Section  1.1  of  the  Firearm
 5    Owners Identification Card Act.
 6        (b)  Sentence.
 7             (1)  Theft  of  property,  other than a firearm, not
 8        from the person and not exceeding  $300  in  value  is  a
 9        Class A misdemeanor.
10             (2)  A  person  who  has  been convicted of theft of
11        property not  exceeding  $300  in  value,  other  than  a
12        firearm  and not from the person, who has been previously
13        convicted of any type of theft, robbery,  armed  robbery,
14        burglary,  residential  burglary,  possession of burglary
15        tools or home invasion is guilty of  a  Class  4  felony.
16        When   a  person  has  any  such  prior  conviction,  the
17        information or  indictment  charging  that  person  shall
18        state  such  prior conviction so as to give notice of the
19        State's intention to treat the charge as a  felony.   The
20        fact  of  such  prior conviction is not an element of the
21        offense and may not be disclosed to the jury during trial
22        unless otherwise  permitted  by  issues  properly  raised
23        during such trial.
24             (3)  Theft   of   a  firearm  not  from  the  person
25        regardless of value is a Class 4  felony.   A  second  or
26        subsequent such offense is a Class 3 felony.
27             (4)  Theft of property from the person not exceeding
28        $300  in  value,  or theft of property exceeding $300 and
29        not exceeding $10,000 in value, is a Class 3 felony.
30             (5)  Theft of property  exceeding  $10,000  and  not
31        exceeding $100,000 in value is a Class 2 felony.
32             (6)  Theft  of  property exceeding $100,000 in value
33        is a Class 1 felony.
34             (7)  Theft by deception, as described  by  paragraph
                            -3-                LRB9010305RCks
 1        (2)  of  subsection  (a)  of  this  Section, in which the
 2        offender obtained money or property valued at  $5,000  or
 3        more  from a victim 60 years of age or older is a Class 2
 4        felony.
 5        (c)  When a charge  of  theft  of  property  exceeding  a
 6    specified  value  is  brought,  the  value  of  the  property
 7    involved  is  an element of the offense to be resolved by the
 8    trier of fact  as  either  exceeding  or  not  exceeding  the
 9    specified value.
10    (Source: P.A. 89-377, eff. 8-18-95.)

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