Bill Text: IL HB5085 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Includes catalytic converters as an essential part of a vehicle. Amends the Criminal Code of 2012. Provides that theft of property not from the person and not exceeding $500 in value is a Class 4 felony if the theft was of a catalytic converter and the value of the catalytic converter does not exceed $500 in value. Provides that theft of property exceeding $500 and not exceeding $10,000 in value is a Class 2 felony if the theft was of a catalytic converter and the value of the catalytic converter exceeds $500 in value. Provides that a person commits criminal damage to property when he or she knowingly damages a vehicle of another with intent to take a catalytic converter. Provides that it is an affirmative defense if the owner of the damaged property consented to the damage. Provides that knowingly damaging a vehicle of another with intent to take a catalytic converter is (i) a Class 4 felony when the damage to property does not exceed $500 or (ii) a Class 2 felony when the damage to property exceeds $500.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5085 Detail]

Download: Illinois-2021-HB5085-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5085 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-118 from Ch. 95 1/2, par. 1-118
720 ILCS 5/16-1 from Ch. 38, par. 16-1
720 ILCS 5/21-1 from Ch. 38, par. 21-1
Amends the Illinois Vehicle Code. Includes catalytic converters as an essential part of a vehicle. Amends the Criminal Code of 2012. Provides that theft of property not from the person and not exceeding $500 in value is a Class 4 felony if the theft was of a catalytic converter and the value of the catalytic converter does not exceed $500 in value. Provides that theft of property exceeding $500 and not exceeding $10,000 in value is a Class 2 felony if the theft was of a catalytic converter and the value of the catalytic converter exceeds $500 in value. Provides that a person commits criminal damage to property when he or she knowingly damages a vehicle of another with intent to take a catalytic converter. Provides that it is an affirmative defense to a violation that the owner of the property damaged consented to the damage. Provides that a violation is a Class 4 felony when the damage to property does not exceed $500 and is a Class 2 felony when the damage to property exceeds $500.
LRB102 22363 SPS 31500 b
A BILL FOR
HB5085 LRB102 22363 SPS 31500 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 1-118 as follows:
(625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
Sec. 1-118. Essential parts. All integral and body parts
of a vehicle of a type required to be registered hereunder, the
removal, alteration or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its
appearance, model, type or mode of operation. "Essential
parts" includes the following: vehicle hulks, shells, chassis,
frames, front end assemblies (which may consist of headlight,
grill, fenders and hood), front clip (front end assembly with
cowl attached), rear clip (which may consist of quarter
panels, fenders, floor and top), doors, hatchbacks, fenders,
cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed,
front bumper, rear bumper, transmissions, catalytic
converters, seats, engines, and similar parts. "Essential
parts" also includes fairings, fuel tanks, and forks of
motorcycles. "Essential parts" shall also include stereo
radios.
An essential part which does not have affixed to it an

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identification number as defined in Section 1-129 adopts the
identification number of the vehicle to which such part is
affixed, installed or mounted.
"Essential parts" does not include an engine,
transmission, or a rear axle that is used in a glider kit.
(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17;
100-863, eff. 8-14-18.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 16-1 and 21-1 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

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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
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 $500 in value is a Class A misdemeanor.
(1.1) Theft of property not from the person and not
exceeding $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, or if the theft was of
a catalytic converter and the value of the catalytic
converter does not exceed $500 in value.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $500 in
value who has been previously convicted of any type of

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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 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 $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 $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, or if the theft
was of a catalytic converter and the value of the
catalytic converter exceeds $500 in value.
(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.

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(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
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

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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
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

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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
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.

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(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
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 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he
or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages
property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
without his or her consent;
(5) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building;
(6) knowingly damages any property, other than as

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described in paragraph (2) of subsection (a) of Section
20-1, with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a
railroad train;
(8) knowingly, without proper authorization, cuts,
injures, damages, defaces, destroys, or tampers with any
fire hydrant or any public or private fire fighting
equipment, or any apparatus appertaining to fire fighting
equipment; or
(9) intentionally, without proper authorization, opens
any fire hydrant; or .
(10) knowingly damages a vehicle of another with
intent to take a catalytic converter.
(b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier
of fact as either exceeding or not exceeding the specified
value.
(c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5), or (10) of subsection (a) of this
Section that the owner of the property or land damaged
consented to the damage.
(d) Sentence.
(1) A violation of subsection (a) shall have the
following penalties:
(A) A violation of paragraph (8) or (9) is a Class

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B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5),
or (6) is a Class A misdemeanor when the damage to
property does not exceed $500.
(C) A violation of paragraph (1), (2), (3), (5),
or (6) is a Class 4 felony when the damage to property
does not exceed $500 and the damage occurs to property
of a school or place of worship or to farm equipment or
immovable items of agricultural production, including
but not limited to grain elevators, grain bins, and
barns or property which memorializes or honors an
individual or group of police officers, fire fighters,
members of the United States Armed Forces, National
Guard, or veterans.
(D) A violation of paragraph (4) is a Class 4
felony when the damage to property does not exceed
$10,000.
(E) A violation of paragraph (7) is a Class 4
felony.
(F) A violation of paragraph (1), (2), (3), (5) or
(6) is a Class 4 felony when the damage to property
exceeds $500 but does not exceed $10,000.
(G) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$500 but does not exceed $10,000 and the damage occurs
to property of a school or place of worship or to farm

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equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of
police officers, fire fighters, members of the United
States Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$10,000 but does not exceed $100,000.
(I) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$10,000 but does not exceed $100,000 and the damage
occurs to property of a school or place of worship or
to farm equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of
police officers, fire fighters, members of the United
States Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$100,000. A violation of paragraphs (1) through (6) is
a Class 1 felony when the damage to property exceeds
$100,000 and the damage occurs to property of a school
or place of worship or to farm equipment or immovable
items of agricultural production, including but not

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limited to grain elevators, grain bins, and barns or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of
the United States Armed Forces, National Guard, or
veterans.
(K) A violation of paragraph (10) of subsection
(a) is a Class 4 felony when the damage to property
does not exceed $500.
(L) A violation of paragraph (10) of subsection
(a) is a Class 2 felony when the damage to property
exceeds $500.
(2) When the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the
value of the damages to the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
criminal damage to property to perform community service
for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction and is
funded and approved by the county board of the county
where the offense was committed. In addition, whenever any
person is placed on supervision for an alleged offense
under this Section, the supervision shall be conditioned
upon the performance of the community service.
The community service requirement does not apply when
the court imposes a sentence of incarceration.

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(4) In addition to any criminal penalties imposed for
a violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the
person is liable in a civil action to the owner of any
crops damaged or destroyed for money damages up to twice
the market value of the crops damaged or destroyed.
(5) For the purposes of this subsection (d), "farm
equipment" means machinery or other equipment used in
farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)