Bill Text: IL HB4275 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of organized retail theft. Provides that a person commits the offense when he or she does any of the following: (1) acts in concert with one or more persons to steal merchandise from one or more merchant's premises with the intent to deprive the merchant permanently of the possession, use or benefit of the merchandise without paying the full retail value of the merchandise or to sell, exchange, or return the merchandise for value; (2) acts in concert with 2 or more persons to receive, purchase, or possess merchandise described in item (1), knowing or believing it to have been stolen; (3) acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant's premises as part of an organized plan to commit theft; or (4) recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in item (1) or (2) or any other statute defining theft of merchandise. Provides penalties and establishes venue for organized retail theft.

Spectrum: Partisan Bill (Republican 45-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB4275 Detail]

Download: Illinois-2021-HB4275-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4275 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
720 ILCS 5/16-29 new
720 ILCS 5/16-29.5 new
Amends the Criminal Code of 2012. Creates the offense of organized retail theft. Provides that a person commits the offense when he or she does any of the following: (1) acts in concert with one or more persons to steal merchandise from one or more merchant's premises with the intent to deprive the merchant permanently of the possession, use or benefit of the merchandise without paying the full retail value of the merchandise or to sell, exchange, or return the merchandise for value; (2) acts in concert with 2 or more persons to receive, purchase, or possess merchandise described in item (1), knowing or believing it to have been stolen; (3) acts as an agent of another individual or group of individuals to steal merchandise from one or more merchant's premises as part of an organized plan to commit theft; or (4) recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake any of the acts described in item (1) or (2) or any other statute defining theft of merchandise. Provides penalties and establishes venue for organized retail theft.
LRB102 22461 RLC 31800 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Sections 16-29 and 16-29.5 as follows:
(720 ILCS 5/16-29 new)
Sec. 16-29. Organized retail theft.
(a) A person commits organized retail theft when he or she
does any of the following:
(1) acts in concert with one or more persons to steal
merchandise from one or more merchant's premises with the
intent to deprive the merchant permanently of the
possession, use, or benefit of the merchandise without
paying the full retail value of the merchandise or to
sell, exchange, or return the merchandise for value;
(2) acts in concert with 2 or more persons to receive,
purchase, or possess merchandise described in paragraph
(1), knowing or believing it to have been stolen;
(3) acts as an agent of another individual or group of
individuals to steal merchandise from one or more
merchant's premises as part of an organized plan to commit
theft; or
(4) recruits, coordinates, organizes, supervises,

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directs, manages, or finances another to undertake any of
the acts described in paragraph (1) or (2) or any other
statute defining theft of merchandise.
(b) Sentence. Organized retail theft is punishable as
follows:
(1) A violation of this Section, the full retail value
which does not exceed $300 for the property is a Class 3
felony. If the defendant used or possessed an artifice,
instrument, container, device, or other article capable of
facilitating the removal of merchandise from a retail
establishment without paying the purchase price and use of
the artifice, instrument, container, device, or other
article is part of an organized plan to commit theft, a
violation is a Class 2 felony.
(2) A violation of this Section, the full retail value
which exceeds $300 is a Class 2 felony for the first
offense and a Class 1 felony for a second or subsequent
offense. If the defendant used or possessed an artifice,
instrument, container, device, or other article capable of
facilitating the removal of merchandise from a retail
establishment without paying the purchase price and use of
the artifice, instrument, container, device, or other
article is part of an organized plan to commit theft a
violation is a Class 2 felony.
(3) A person who has been convicted of organized
retail theft, the full retail value of which does not

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exceed $300 and who has been previously convicted of any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, home
invasion, unlawful use of a credit card, or forgery is
guilty of a Class 2 felony.
(4) A person who has been convicted of organized
retail theft, the full retail value of which exceeds $300
and who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
unlawful use of a credit card, or forgery is guilty of a
Class 1 felony.
(c) For the purpose of determining whether the defendant
acted in concert with another person or persons in any
proceeding, the trier of fact may consider any competent
evidence, including, but not limited to, any of the following:
(1) the defendant has previously acted in concert with
another person or persons in committing acts constituting
theft, or any related offense, including any conduct that
occurred in counties other than the county of the offense
being tried, if relevant to demonstrate a fact other than
the defendant's disposition to commit the act; or
(2) the defendant used or possessed an artifice,
instrument, container, device, or other article capable of
facilitating the removal of merchandise from a retail
establishment without paying the purchase price, and use

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of the artifice, instrument, container, device, or other
article is part of an organized plan to commit theft.
(d) In a prosecution under this Section, the State's
Attorney is not required to charge any other co-participant of
the organized retail theft.
(720 ILCS 5/16-29.5 new)
Sec. 16-29.5. Venue.
(a) A criminal action for organized retail theft, as
defined in subsection (a) of Section 16-29, may be tried in:
(1) the county where an offense involving the theft or
receipt of the stolen merchandise occurred;
(2) the county in which the merchandise was recovered;
or
(3) the county where any act was done by the defendant
in instigating, procuring, promoting, or aiding in the
commission of a theft offense or a violation of organized
retail theft or in abetting the parties concerned in the
offense.
(b) If multiple offenses or violations of organized retail
theft, either all involving the same defendant or defendants
and the same merchandise, or all involving the same defendant
or defendants and the same scheme or substantially similar
activity, occur in multiple counties, then any of those
counties are a proper venue to try all of the offenses. All
associated offenses connected together in their commission to

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the underlying theft offenses or violations of organized
retail theft may be tried in any of those counties.