Bill Text: IL HB2402 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Provides that an enhancement from a misdemeanor to a felony based on a prior conviction must only be for felony theft.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2402 Detail]

Download: Illinois-2021-HB2402-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2402 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/16-25
Amends the Criminal Code of 2012. Increases the threshold amount of theft not from the person and retail theft that enhances the offense from a misdemeanor to a felony to $2,000. Provides that an enhancement from a misdemeanor to a felony based on a prior conviction must only be for felony theft.
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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
changing Sections 16-1 and 16-25 as follows:
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he or she 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 or her to believe that the
property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which any law
enforcement officer or any individual acting in behalf of
a law enforcement agency explicitly represents to the
person as being stolen or represents to the person such

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circumstances as would reasonably induce the person to
believe that the property was 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 $2,000 $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $2,000 $500 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 $2,000 $500
in value who has been previously convicted of felony 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,

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or a violation of Section 17-36 of the Criminal Code of
1961 or the Criminal Code of 2012, or Section 8 of the
Illinois Credit Card and Debit Card Act is guilty of a
Class 4 felony.
(3) (Blank).
(4) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
and not exceeding $10,000 in value, is a Class 3 felony.
(4.1) Theft of property from the person not exceeding
$500 in value, or theft of property exceeding $2,000 $500
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.
(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

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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 or a person with a
disability 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.
(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 and does not exceed
$10,000.
(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

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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.
(d) Theft by lessee; permissive inference. The trier of
fact may infer evidence that a person intends to deprive the
owner permanently of the use or benefit of the property (1) if
a lessee of the personal property of another fails to return it
to the owner within 10 days after written demand from the owner
for its return or (2) if a lessee of the personal property of
another fails to return it to the owner within 24 hours after
written demand from the owner for its return and the lessee had
presented identification to the owner that contained a
materially fictitious name, address, or telephone number. A
notice in writing, given after the expiration of the leasing
agreement, addressed and mailed, by registered mail, to the
lessee at the address given by him and shown on the leasing

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agreement shall constitute proper demand.
(e) Permissive inference; evidence of intent that a person
obtains by deception control over property. The trier of fact
may infer that a person "knowingly obtains by deception
control over property of the owner" when he or she fails to
return, within 45 days after written demand from the owner,
the downpayment and any additional payments accepted under a
promise, oral or in writing, to perform services for the owner
for consideration of $3,000 or more, and the promisor
knowingly without good cause failed to substantially perform
pursuant to the agreement after taking a down payment of 10% or
more of the agreed upon consideration. This provision shall
not apply where the owner initiated the suspension of
performance under the agreement, or where the promisor
responds to the notice within the 45-day notice period. A
notice in writing, addressed and mailed, by registered mail,
to the promisor at the last known address of the promisor,
shall constitute proper demand.
(f) Offender's interest in the property.
(1) It is no defense to a charge of theft of property
that the offender has an interest therein, when the owner
also has an interest to which the offender is not
entitled.
(2) Where the property involved is that of the
offender's spouse, no prosecution for theft may be
maintained unless the parties were not living together as

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man and wife and were living in separate abodes at the time
of the alleged theft.
(Source: P.A. 101-394, eff. 1-1-20.)
(720 ILCS 5/16-25)
Sec. 16-25. Retail theft.
(a) A person commits retail theft when he or she
knowingly:
(1) Takes possession of, carries away, transfers or
causes to be carried away or transferred any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment with the intention of retaining
such merchandise or with the intention of depriving the
merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of
such merchandise; or
(2) Alters, transfers, or removes any label, price
tag, marking, indicia of value or any other markings which
aid in determining value affixed to any merchandise
displayed, held, stored or offered for sale in a retail
mercantile establishment and attempts to purchase such
merchandise at less than the full retail value with the
intention of depriving the merchant of the full retail
value of such merchandise; or
(3) Transfers any merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment

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from the container in or on which such merchandise is
displayed to any other container with the intention of
depriving the merchant of the full retail value of such
merchandise; or
(4) Under-rings with the intention of depriving the
merchant of the full retail value of the merchandise; or
(5) Removes a shopping cart from the premises of a
retail mercantile establishment without the consent of the
merchant given at the time of such removal with the
intention of depriving the merchant permanently of the
possession, use or benefit of such cart; or
(6) Represents to a merchant that he, she, or another
is the lawful owner of property, knowing that such
representation is false, and conveys or attempts to convey
that property to a merchant who is the owner of the
property in exchange for money, merchandise credit or
other property of the merchant; or
(7) Uses or possesses any theft detection shielding
device or theft detection device remover with the
intention of using such device to deprive the merchant
permanently of the possession, use or benefit of any
merchandise displayed, held, stored or offered for sale in
a retail mercantile establishment without paying the full
retail value of such merchandise; or
(8) Obtains or exerts unauthorized control over
property of the owner and thereby intends to deprive the

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owner permanently of the use or benefit of the property
when a lessee of the personal property of another fails to
return it to the owner, or if the lessee fails to pay the
full retail value of such property to the lessor in
satisfaction of any contractual provision requiring such,
within 10 days after written demand from the owner for its
return. A notice in writing, given after the expiration of
the leasing agreement, by registered mail, to the lessee
at the address given by the lessee and shown on the leasing
agreement shall constitute proper demand.
(b) Theft by emergency exit. A person commits theft by
emergency exit when he or she commits a retail theft as defined
in subdivisions (a)(1) through (a)(8) of this Section and to
facilitate the theft he or she leaves the retail mercantile
establishment by use of a designated emergency exit.
(c) Permissive inference. If any person:
(1) conceals upon his or her person or among his or her
belongings unpurchased merchandise displayed, held, stored
or offered for sale in a retail mercantile establishment;
and
(2) removes that merchandise beyond the last known
station for receiving payments for that merchandise in
that retail mercantile establishment,
then the trier of fact may infer that the person possessed,
carried away or transferred such merchandise with the
intention of retaining it or with the intention of depriving

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the merchant permanently of the possession, use or benefit of
such merchandise without paying the full retail value of such
merchandise.
To "conceal" merchandise means that, although there may be
some notice of its presence, that merchandise is not visible
through ordinary observation.
(d) 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.
(e) For the purposes of this Section, "theft detection
shielding device" means any laminated or coated bag or device
designed and intended to shield merchandise from detection by
an electronic or magnetic theft alarm sensor.
(f) Sentence.
(1) A violation of any of subdivisions (a)(1) through
(a)(6) and (a)(8) of this Section, the full retail value
of which does not exceed $2,000 $300 for property other
than motor fuel or $150 for motor fuel, is a Class A
misdemeanor. A violation of subdivision (a)(7) of this
Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense. Theft
by emergency exit of property, the full retail value of
which does not exceed $2,000 $300, is a Class 4 felony.
(2) A person who has been convicted of retail theft of

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property under any of subdivisions (a)(1) through (a)(6)
and (a)(8) of this Section, the full retail value of which
does not exceed $2,000 $300 for property other than motor
fuel or $150 for motor fuel, 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 4 felony. A person who has
been convicted of theft by emergency exit of property, the
full retail value of which does not exceed $2,000 $300,
and who has been previously convicted of felony 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 3 felony.
(3) Any retail theft of property under any of
subdivisions (a)(1) through (a)(6) and (a)(8) of this
Section, the full retail value of which exceeds $2,000
$300 for property other than motor fuel or $150 for motor
fuel 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, is a Class 3
felony. Theft by emergency exit of property, the full
retail value of which exceeds $2,000 $300 in a single
transaction, or in separate transactions committed by the

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same person as part of a continuing course of conduct from
one or more mercantile establishments over a period of one
year, 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 $2,000 $300, 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 $2,000 $300.
(Source: P.A. 97-597, eff. 1-1-12.)