(720 ILCS 5/16J-10 new)
For the purposes of this Article:
"Motor fuel" means a liquid, regardless of its properties,
used to propel a vehicle, including gasoline and diesel.
"Retailer" means a person, business, or establishment that
sells motor fuel at retail.
"Vehicle" means a motor vehicle, motorcycle, or farm
implement that is self-propelled and that uses motor fuel for
(720 ILCS 5/16J-15 new)
Offense of theft of motor fuel.
commits the offense of theft of motor fuel when he or she
knowingly dispenses motor fuel into a storage container or the
fuel tank of a motor vehicle at an establishment in which motor
fuel is offered for retail sale and leaves the premises of the
establishment without making payment or the authorized charge
for the motor fuel with the intention of depriving the
establishment in which the motor fuel is offered for retail
sale of the possession, use, or benefit of that motor fuel
without paying the full retail value of the motor fuel.
(720 ILCS 5/16J-25 new)
A person who commits the
offense of theft of motor fuel as described in Section 16J-15
is civilly liable to the retailer as prescribed in Section
(720 ILCS 5/16J-30 new)
(a) Theft of motor fuel, the full retail value of which
does not exceed $150, is a Class A misdemeanor.
(b) A person who has been convicted of theft of motor fuel,
the full retail value of which does not exceed $150, and who
has been previously convicted of any type of theft, robbery,
armed robbery, burglary, residential burglary, possession of
burglary tools or home invasion is guilty of a Class 4 felony.
When a person has any such prior conviction, the information or
indictment charging that person shall state such prior
conviction so as to give notice of the State's intention to
treat the charge as a felony. The fact of such prior conviction
is not an element of the offense and may not be disclosed to
the jury during trial unless otherwise permitted by issues
properly raised during such trial.
(c) Any theft of motor fuel, the full retail value of which
exceeds $150, is a Class 3 felony. When a charge of theft of
motor fuel, the full value of which exceeds $150, is brought,
the value of the motor fuel involved is an element of the
offense to be resolved by the trier of fact as either exceeding
or not exceeding $150.
(720 ILCS 5/16J-35 new)
Continuation of prior law.
The provisions of
this Article insofar as they are the same or substantially the
same as those of Article 16 of this Code shall be construed as
a continuation of that Article 16 and not as a new enactment.
(720 ILCS 5/16J-40 new)
The provisions of this Article
are severable under Section 1.31 of the Statute on Statutes.