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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2349
Introduced 2/26/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 1961. Provides for enhanced penalties if the defendant at the time of the commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2349 |
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LRB096 04309 RLC 14355 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 16-20 as follows:
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| (720 ILCS 5/16-20)
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| Sec. 16-20. Criminal penalties.
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| (a) Except for violations of Section 16-19 as provided for |
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| in subsection
(b)
or (c) of this Section, a person
who violates |
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| Section 16-19 is guilty of a Class A misdemeanor.
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| (b) An offense under Section 16-19 is a Class 4 felony if:
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| (1) the defendant has been convicted previously under |
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| Section 16-19
or
convicted of any
similar crime in this or |
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| any federal or other state jurisdiction; or
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| (2) the violation of Section 16-19 involves at least |
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| 10, but not more
than
50, unlawful
communication or access |
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| devices; or
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| (3) a person engages in conduct identified in |
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| subdivision (3) of Section
16-19 for the purpose of, and |
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| with the intention of, substantially disrupting
and |
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| impairing the ability of a communication service provider |
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| to deliver
communication services to its lawful customers |
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| or subscribers; or .
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SB2349 |
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LRB096 04309 RLC 14355 b |
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| (4) the defendant at the time of the commission of the |
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| offense is a pre-trial detainee at a penal institution or |
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| is serving a sentence at a penal institution. |
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| (c) An offense under Section 16-19 is a Class 3 felony if:
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| (1) the defendant has been convicted previously on 2 or |
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| more occasions
for
offenses under
Section 16-19 or for any |
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| similar crime in this or any federal or other state
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| jurisdiction; or
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| (2) the violation of Section 16-19 involves more than |
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| 50 unlawful
communication or access
devices; or |
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| (3) the defendant at the time of the commission of the |
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| offense is a pre-trial detainee at a penal institution or |
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| is serving a sentence at a penal institution and has been |
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| convicted previously of an offense under Section 16-19 |
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| committed by the defendant while serving as a pre-trial |
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| detainee in a penal institution or while serving a sentence |
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| at a penal institution.
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| (d) For purposes of grading an offense based upon a prior |
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| conviction under
Section 16-19 or for any
similar crime under |
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| subdivisions (b)(1) and (c)(1) of this Section, a prior
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| conviction shall consist of convictions
upon separate |
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| indictments or criminal complaints for offenses under Section
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| 16-19 or any similar crime in this or any
federal or other |
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| state jurisdiction.
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| (e) As provided for in subdivisions (b)(1) and (c)(1) of |
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| this Section, in
grading an offense under Section
16-19 based |
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SB2349 |
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LRB096 04309 RLC 14355 b |
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| upon a prior conviction, the term "any similar crime" shall
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| include, but not be limited to, offenses
involving theft of |
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| service or fraud, including violations of the Cable
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| Communications Policy Act of 1984 (Public
Law 98-549, 98 Stat. |
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| 2779).
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| (f) Separate offenses. For purposes of all criminal |
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| penalties or fines
established for violations of Section
16-19, |
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| the prohibited activity established in Section 16-19 as it |
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| applies to
each
unlawful communication or access device shall
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| be deemed a separate offense.
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| (g) Fines. For purposes of imposing fines upon conviction |
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| of a defendant
for
an offense under Section 16-19, all fines |
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| shall be imposed in accordance with
Article 9 of Chapter V of |
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| the
Unified Code
of Corrections.
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| (h) Restitution. The court shall, in addition to any other |
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| sentence
authorized by law, sentence a person
convicted of |
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| violating Section 16-19 to make restitution in the manner |
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| provided
in Article 5 of Chapter V of the Unified Code of
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| Corrections.
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| (i) Forfeiture of unlawful communication or access |
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| devices. Upon conviction
of
a defendant under Section
16-19, |
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| the court may, in addition to any other sentence authorized by |
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| law,
direct that the defendant forfeit any
unlawful |
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| communication or access devices in the defendant's possession |
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| or
control which were involved in the
violation for which the |
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| defendant was convicted.
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SB2349 |
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LRB096 04309 RLC 14355 b |
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| (j) Venue. An offense under Section 16-19 may be deemed to |
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| have been
committed
at either the place where
the defendant |
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| manufactured or assembled an unlawful communication or access
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| device, or assisted others in doing so,
or the place where the |
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| unlawful communication or access device was sold or
delivered |
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| to a purchaser or recipient. It is not a
defense to a violation |
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| of Section 16-19 that some of the acts constituting the
offense |
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| occurred outside of the State of
Illinois.
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| (Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)
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