HB0816 Engrossed

LRB094 05280 RLC 35323 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 16A-10 and  by adding Section 16A-3.5 as follows:
 
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    (720 ILCS 5/16A-3.5  new)
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    Sec. 16A-3.5. Theft by emergency exit. A person commits the 
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offense of theft by emergency exit when he or she commits a 
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retail theft as defined in Section 16A-3 and to facilitate the 
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theft he or she leaves the retail mercantile establishment by 
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use of a designated emergency exit.
 



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    (720 ILCS 5/16A-10)  (from Ch. 38, par. 16A-10)



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    Sec. 16A-10. Sentence. (1) Retail theft of property, the 
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full retail
value of which does not exceed $150, is a Class A 
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misdemeanor. Theft by emergency exit of property, the full 
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retail
value of which does not exceed $150,  is a Class 4 
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felony.


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    (2) A person who has been convicted of retail theft of 
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property, the
full retail value of which does not exceed $150, 
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and who has been
previously convicted of any type of theft, 
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robbery, armed robbery,
burglary, residential burglary, 
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possession of burglary tools or home
invasion is guilty of a 
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Class 4 felony.  A person who has been convicted of theft by 
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emergency exit of property, the
full retail value of which does 
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not exceed $150, and who has been
previously convicted of any 
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type of theft, robbery, armed robbery,
burglary, residential 
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burglary, possession of burglary tools or home
invasion is 
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guilty of a Class 3 felony. When a person has any such prior

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conviction, the information or indictment charging that person 
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shall state
such prior conviction so as to give notice of the 
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State's intention to
treat the charge of retail theft as a 
 


 






HB0816 Engrossed
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LRB094 05280 RLC 35323 b




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felony.  The fact of such prior conviction is not an
element of 
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the offense and may not be disclosed to the jury during trial

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unless otherwise permitted by issues properly raised during 
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such trial.

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    (3) Any retail theft of property, the full retail value of

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which exceeds $150, is a Class 3 felony.
Theft by emergency 
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exit of property, the full retail value of
which exceeds $150, 
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is a Class 2 felony. When a charge of retail theft of property 
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or theft by emergency exit of property, the full value of which

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exceeds $150, is brought, the value of the property involved is 
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an element
of the offense to be resolved by the trier of fact 
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as either exceeding or
not exceeding $150.

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(Source: P.A. 85-691.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.