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HB0880 Engrossed |
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LRB094 05275 RLC 35318 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 Sections 16A-2.14 and 16A-3.5 as |
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| follows:
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| (720 ILCS 5/16A-2.14 new) |
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| Sec. 16A-2.14. Retail property fence. "Retail property |
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| fence" means a person or business that buys merchandise knowing |
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| or believing that the merchandise is stolen.
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| (720 ILCS 5/16A-3.5 new) |
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| Sec. 16A-3.5. Organized retail theft.
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| (a) A person commits the offense of organized retail theft |
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| when he or she either: |
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| (1) with the aid or assistance of another person |
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| commits the offense of retail theft of property, the full |
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| retail value of which exceeds $650 during any 180-day |
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| period and takes or causes that merchandise subject to the |
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| retail theft to be moved to or placed in the control of a |
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| retail property fence with the intent of monetary or other |
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| gain; or |
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| (2) receives, possesses, conceals, stores, barters, |
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| sells, or disposes of with the intent to distribute, any |
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| merchandise that has been taken or stolen in violation of |
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| this Section, with the intent to distribute the proceeds, |
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| or to otherwise promote, manage, carry on, or facilitate a |
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| retail theft or an organized retail theft.
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| (b) It is not a defense to a violation of paragraph (2) of |
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| subsection (a) of this Section that the merchandise was |
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| obtained by means other than through the commission of retail |
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| theft if the merchandise was explicitly represented to the |
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HB0880 Engrossed |
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LRB094 05275 RLC 35318 b |
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| defendant as being obtained through the commission of retail |
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| theft.
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| (c) A person who commits organized retail theft may be |
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| tried in any county in which any act that is an element of the |
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| offense is committed.
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| (d) A person who violates this Section shall forfeit to the |
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| State any proceeds obtained from the sale or disposition of |
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| merchandise obtained in violation of this Section.
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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.
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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. When a person has any such prior
conviction, |
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| the information or indictment charging that person shall state
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| such prior conviction so as to give notice of the State's |
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| intention to
treat the charge as a felony. The fact of such |
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| prior conviction is not an
element of the offense and may not |
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| be disclosed to the jury during trial
unless otherwise |
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| permitted by issues properly raised during 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. Organized retail theft |
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| is a Class 2 felony.
When a charge of retail theft of property, |
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| the full value of which
exceeds $150, is brought, the value of |
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| the property involved is an element
of the offense to be |
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| resolved by the trier of fact as either exceeding or
not |
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| 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.
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