Bill Text: IL SB3797 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning financial exploitation of an elderly person or a person with a disability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-07-26 - Public Act . . . . . . . . . 96-1301 [SB3797 Detail]

Download: Illinois-2009-SB3797-Engrossed.html

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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 1961 is amended by changing
Sections 16-1, 16A-2.2, 16A-10, 16H-60, and 16J-25 and by
adding Sections 16A-2.14 and 16A-11 as follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of the
owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing the
property to have been stolen or under such circumstances as
would reasonably induce him to believe that the property
was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which is explicitly
represented to him by any law enforcement officer or any
individual acting in behalf of a law enforcement agency as

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being stolen, and
(A) Intends to deprive the owner permanently of the
use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment probably
will deprive the owner permanently of such use or
benefit.
(b) Sentence.
(1) Theft of property not from the person and not
exceeding $500 $300 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $500 $300 in value is a Class 4 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $500 $300 in
value who has been previously convicted of any type of
theft, robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home invasion,
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
4-103.3 of the Illinois Vehicle Code relating to the
possession of a stolen or converted motor vehicle, or a
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
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.
(3) (Blank).
(4) Theft of property from the person not exceeding
$500 $300 in value, or theft of property exceeding $500
$300 and not exceeding $10,000 in value, is a Class 3
felony.
(4.1) Theft of property from the person not exceeding
$500 $300 in value, or theft of property exceeding $500
$300 and not exceeding $10,000 in value, is a Class 2
felony if the theft was committed in a school or place of
worship or if the theft was of governmental property.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(5.1) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 1 felony if the
theft was committed in a school or place of worship or if
the theft was of governmental property.
(6) Theft of property exceeding $100,000 and not
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
a Class X felony if the theft was committed in a school or
place of worship or if the theft was of governmental
property.
(6.2) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value is a Class 1
non-probationable felony.
(6.3) Theft of property exceeding $1,000,000 in value
is a Class X felony.
(7) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
obtained money or property valued at $5,000 or more from a
victim 60 years of age or older is a Class 2 felony.
(8) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 3 felony if the rent payment or
security deposit obtained does not exceed $500 $300.
(9) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 2 felony if the rent payment or
security deposit obtained exceeds $500 $300 and does not
exceed $10,000.

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(10) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class 1 felony if the rent payment or
security deposit obtained exceeds $10,000 and does not
exceed $100,000.
(11) Theft by deception, as described by paragraph (2)
of subsection (a) of this Section, in which the offender
falsely poses as a landlord or agent or employee of the
landlord and obtains a rent payment or a security deposit
from a tenant is a Class X felony if the rent payment or
security deposit obtained exceeds $100,000.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
revised 10-9-09.)
(720 ILCS 5/16A-2.2) (from Ch. 38, par. 16A-2.2)
Sec. 16A-2.2. "Full retail value Retail Value" means the
merchant's stated or advertised price of the merchandise. "Full
retail value" includes the aggregate value of property obtained
from retail thefts committed by the same person as part of a
continuing course of conduct from one or more mercantile

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establishments in a single transaction or in separate
transactions over a period of one year.
(Source: P.A. 79-840.)
(720 ILCS 5/16A-2.14 new)
Sec. 16A-2.14. Continuing course of conduct. "Continuing
course of conduct" means a series of acts, and the accompanying
mental state necessary for the crime in question, irrespective
of whether the series of acts are continuous or intermittent.
(720 ILCS 5/16A-10) (from Ch. 38, par. 16A-10)
Sec. 16A-10. Sentence.
(1) Retail theft of property, the full retail value of
which does not exceed $300 $150, is a Class A misdemeanor.
Theft by emergency exit of property, the full retail value of
which does not exceed $300 $150, is a Class 4 felony.
(2) A person who has been convicted of retail theft of
property, the full retail value of which does not exceed $300
$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. A person who has been convicted of theft by
emergency exit of property, the full retail value of which does
not exceed $300 $150, and who has been previously convicted of
any type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools or home

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invasion is guilty of a Class 3 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 of retail
theft 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.
(3) Any retail theft of property, the full retail value of
which exceeds $300 in a single transaction, or in separate
transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year $150, is a Class 3
felony. Theft by emergency exit of property, the full retail
value of which exceeds $300 in a single transaction, or in
separate transactions committed by the same person as part of a
continuing course of conduct from one or more mercantile
establishments over a period of one year $150, is a Class 2
felony. When a charge of retail theft of property or theft by
emergency exit of property, the full value of which exceeds
$300 $150, is brought, the value of the property involved is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding $300 $150.
(Source: P.A. 94-449, eff. 8-4-05.)
(720 ILCS 5/16A-11 new)

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Sec. 16A-11. Venue. Multiple thefts committed by the same
person as part of a continuing course of conduct in different
jurisdictions that have been aggregated in one jurisdiction may
be prosecuted in any jurisdiction in which one or more of the
thefts occurred.
(720 ILCS 5/16H-60)
Sec. 16H-60. Sentence.
(a) A financial crime, the full value of which does not
exceed $500 $300, is a Class A misdemeanor.
(b) A person who has been convicted of a financial crime,
the full value of which does not exceed $500 $300, and who has
been previously convicted of a financial crime or 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 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) A financial crime, the full value of which exceeds $500
$300 but does not exceed $10,000, is a Class 3 felony. When a
charge of financial crime, the full value of which exceeds $500
$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
resolved by the trier of fact as either exceeding or not
exceeding $500 $300.
(d) A financial crime, the full value of which exceeds
$10,000 but does not exceed $100,000, is a Class 2 felony. When
a charge of financial crime, the full value of which exceeds
$10,000 but does not exceed $100,000, is brought, the value of
the financial crime involved is an element of the offense to be
resolved by the trier of fact as either exceeding or not
exceeding $10,000.
(e) A financial crime, the full value of which exceeds
$100,000, is a Class 1 felony. When a charge of financial
crime, the full value of which exceeds $100,000, is brought,
the value of the financial crime involved is an element of the
offense to be resolved by the trier of fact as either exceeding
or not exceeding $100,000.
(f) A financial crime which is a financial institution
robbery is a Class 1 felony.
(g) A financial crime which is a continuing financial
crimes enterprise is a Class 1 felony.
(h) A financial crime which is the offense of being an
organizer of a continuing financial crimes enterprise is a
Class X felony.
(i) (Blank).
(Source: P.A. 96-534, eff. 8-14-09.)

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(720 ILCS 5/16J-25)
Sec. 16J-25. Sentence. A violation of this Article is a
Class 4 felony if the full retail value of the stolen property
or property obtained by deception does not exceed $300 $150. A
violation of this Article is a Class 2 felony if the full
retail value of the stolen property or property obtained by
deception exceeds $300 $150.
(Source: P.A. 94-179, eff. 7-12-05; 95-331, eff. 8-21-07.)
Section 10. The Telephone Charge Fraud Act is amended by
changing Section 1 as follows:
(720 ILCS 365/1) (from Ch. 134, par. 15c)
Sec. 1. Any individual, corporation, or other person, who,
with intent to defraud or to aid and abet another to defraud
any individual, corporation, or other person, of the lawful
charge, in whole or in part, for any telecommunications
service, shall obtain, or attempt to obtain, or aid and abet
another to obtain or to attempt to obtain, any
telecommunications service:
(a) by charging such service to an existing telephone
number or credit card number without the authority of the
subscriber thereto or the legitimate holder thereof, or,
(b) charging such service to a nonexistent, false,
fictitious, or counterfeit telephone number or credit card
number or to a suspended, terminated, expired, cancelled, or

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revoked telephone number or credit card number, or,
(c) by use of a code, prearranged scheme, or other similar
stratagem or device whereby said person, in effect, sends or
receives information, or,
(d) by installing, rearranging, or tampering with any
facilities or equipment, whether physically, inductively,
acoustically, electronically, or,
(e) by publishing the number or code of an existing,
canceled, revoked or nonexistent telephone number, credit
number or other credit device or method of numbering or coding
which is employed in the issuance of telephone numbers, credit
numbers or other credit devices which may be used to avoid the
payment of any lawful telephone toll charge, or,
(f) by publishing plans, diagrams or methods for the
construction, assembly or usage of any device, instrument or
gadget which may be used to avoid the payment of any lawful
telephone toll charge, or,
(g) by any other trick, stratagem, impersonation, false
pretense, false representation, false statement, contrivance,
device, or means, shall be deemed guilty of a Class A
Misdemeanor; provided, however, that (a) a second conviction of
an offense under this Section, (b) commission of an offense for
remuneration, or (c) an offense involving the defrauding of
services in excess of $500 $300 is a Class 4 felony.
As used in this Section "publish" means the communication
or dissemination of information to any one or more persons,

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either orally, in person, or by telephone, radio or television
or in writing of any kind, including, without limitation, a
letter or memorandum, circular or handbill, newspaper or
magazine article or book.
(Source: P.A. 88-75.)