State of Illinois
91st General Assembly

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HB1764 Enrolled                                LRB9105514RCks

 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 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
HB1764 Enrolled             -2-                LRB9105514RCks
 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, forgery, a violation of  Section
16        4-103,  4-103.1,  4-103.2,  or  4-103.3  of  the Illinois
17        Vehicle Code relating to the possession of  a  stolen  or
18        converted  motor  vehicle, or a violation of Section 8 of
19        the Illinois Credit Card and Debit Card Act is guilty  of
20        a  Class  4  felony.   When  a  person has any such prior
21        conviction, the information or indictment  charging  that
22        person  shall  state  such prior conviction so as to give
23        notice of the State's intention to treat the charge as  a
24        felony.   The  fact  of  such  prior conviction is not an
25        element of the offense and may not be  disclosed  to  the
26        jury  during  trial  unless otherwise permitted by issues
27        properly raised during such trial.
28             (3)  Theft  of  a  firearm  not  from   the   person
29        regardless  of  value  is  a Class 4 felony.  A second or
30        subsequent such offense is a Class 3 felony.
31             (4)  Theft of property from the person not exceeding
32        $300 in value, or theft of property  exceeding  $300  and
33        not exceeding $10,000 in value, is a Class 3 felony.
34             (5)  Theft  of  property  exceeding  $10,000 and not
HB1764 Enrolled             -3-                LRB9105514RCks
 1        exceeding $100,000 in value is a Class 2 felony.
 2             (6)  Theft of property exceeding $100,000  in  value
 3        is a Class 1 felony.
 4             (7)  Theft  by  deception, as described by paragraph
 5        (2) of subsection (a)  of  this  Section,  in  which  the
 6        offender  obtained  money or property valued at $5,000 or
 7        more from a victim 60 years of age or older is a Class  2
 8        felony.
 9        (c)  When  a  charge  of  theft  of  property exceeding a
10    specified  value  is  brought,  the  value  of  the  property
11    involved is an element of the offense to be resolved  by  the
12    trier  of  fact  as  either  exceeding  or  not exceeding the
13    specified value.
14    (Source: P.A. 89-377, eff. 8-18-95.)

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