CRIM CD-THEFT-SERVICES-PAYMENT

Illinois General Assembly - Full Text of SB3172

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3172

Introduced 2/2/2026, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-3

from Ch. 38, par. 16-3

Amends the Criminal Code of 2012. Provides that when compensation for
labor or services is ordinarily paid immediately upon the rendering of the
labor or services, the trier of fact may infer that the labor or services
were obtained by deception if the person refuses to pay or absconds without
payment or without an offer to pay for the labor or services. Effective
immediately.
LRB104 16883 RLC 30293 b

A BILL FOR

SB3172
LRB104 16883 RLC 30293 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 16-3 as follows:

6

(720 ILCS 5/16-3)

(from Ch. 38, par. 16-3)
7

Sec. 16-3.
Theft of labor or services or use of property.
8

(a) A person commits theft when he or she knowingly
9
obtains the temporary use of property, labor or services of
10
another which are available only for hire, by means of threat
11
or deception or knowing that such use is without the consent of
12
the person providing the property, labor or services. For the
13
purposes of this subsection, library material is available for
14
hire.
When compensation for labor or services is ordinarily
15
paid immediately upon the rendering of the labor or services,
16
the trier of fact may infer that the labor or services were
17
obtained by deception if the person refuses to pay or absconds
18
without payment or without an offer to pay for the labor or
19
services.

20

(b) A person commits theft when after (1) renting or
21
leasing a motor vehicle, (2) obtaining a motor vehicle through
22
a "driveaway" service mode of transportation, (3) renting or
23
leasing equipment exceeding $500 in value including tools,

SB3172
- 2 -
LRB104 16883 RLC 30293 b
1
construction or industry equipment, and such items as linens,
2
tableware, tents, tables, chairs and other equipment specially
3
rented for a party or special event, or (4) renting or leasing
4
any other type of personal property exceeding $500 in value,
5
under an agreement in writing which provides for the return of
6
the vehicle, equipment, or other personal property to a
7
particular place at a particular time, he or she without good
8
cause knowingly fails to return the vehicle, equipment, or
9
other personal property to that place within the time
10
specified, and is thereafter served or sent a written demand
11
mailed to the last known address, made by certified mail
12
return receipt requested, to return the vehicle, equipment, or
13
other personal property within 3 days from the mailing of the
14
written demand, and who without good cause knowingly fails to
15
return the vehicle, equipment, or any other personal property
16
to any place of business of the lessor within the return
17
period. The trier of fact may infer evidence that the person is
18
without good cause if the person signs the agreement with a
19
name or address other than his or her own.
20

(c) A person commits theft when he or she borrows from a
21
library facility library material which has an aggregate value
22
of $50 or more pursuant to an agreement with or procedure
23
established by the library facility for the return of such
24
library material, and knowingly without good cause fails to
25
return the library material so borrowed in accordance with
26
such agreement or procedure, and further knowingly without

SB3172
- 3 -
LRB104 16883 RLC 30293 b
1
good cause fails to return such library material within 30
2
days after receiving written notice by certified mail from the
3
library facility demanding the return of such library
4
material.
5

(d) Sentence.
6

A person convicted of theft under subsection (a) is guilty
7
of a Class A misdemeanor, except that the theft of library
8
material where the aggregate value exceeds $300 is a Class 3
9
felony. A person convicted of theft under subsection (b) of
10
this Section is guilty of a Class 4 felony. A person convicted
11
of theft under subsection (c) is guilty of a petty offense for
12
which the offender may be fined an amount not to exceed $500
13
and shall be ordered to reimburse the library for postage
14
costs, attorney's fees, and actual replacement costs of the
15
materials not returned, except that theft under subsection (c)
16
where the aggregate value exceeds $300 is a Class 3 felony. In
17
addition to any other penalty imposed, the court may order a
18
person convicted under this Section to make restitution to the
19
victim of the offense.
20

For the purpose of sentencing on theft of library
21
material, separate transactions totalling more than $300
22
within a 90-day period shall constitute a single offense.
23
(Source: P.A. 99-534, eff. 1-1-17
.)

24

Section 99.
Effective date.
This Act takes effect upon
25
becoming law.

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