90th General Assembly
Summary of SB1506
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Senate Sponsors:
GEO-KARIS-HAWKINSON-CULLERTON-WALSH,T.

House Sponsors:
BRADY-GASH-FRITCHEY-ACEVEDO-BRADLEY

Short description: 
CRIM CD & CD CORR-RESIDL ARSON                                             

Synopsis of Bill as introduced:
        Amends the  Criminal  Code  of  1961.   Creates  the  offense  of      
   residential  arson.    Defines  the  offense  as  knowingly  damaging,      
   partially  or  totally, any building or structure that is the dwelling      
   place of another.  Penalty is a Class 1 felony.   Amends  the  Unified      
   Code  of Corrections.  Provides that a person convicted of residential      
   arson  is  ineligible  for  probation,   periodic   imprisonment,   or      
   conditional discharge.  Effective immediately.                              
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          720 ILCS 5/12-11                from Ch. 38, par. 12-11              
        Further amends the Criminal Code  of  1961.   Provides  that  for      
   purposes  of  the  home  invasion statute, "dwelling place of another"      
   includes a dwelling place where  the  defendant  maintains  a  tenancy      
   interest but from which the defendant has been barred by court order.       
          FISCAL NOTE (Dpt. of Corrections)                                    
          Impact: population, 69 inmates; fiscal, $13,561,600.                 
          CORRECTIONAL NOTE                                                    
          No change from DOC fiscal note.                                      
          STATE MANDATES ACT FISCAL NOTE                                       
          SB 1506 fails to create a State mandate.                             
          FISCAL NOTE (Administrative Office of Ill. Courts)                   
          No fiscal impact on the Judicial branch.                             
          JUDICIAL NOTE                                                        
          No decrease or increase in need for the number of judges.            
          CORRECTIONAL NOTE, H-AM 1                                            
          Impact: prison pop., 2,115 inmates; fiscal, $276,708,200.            
          FISCAL NOTE, H-AM 1 (Admin. Office of Ill. Courts)                   
          No change from previous note.                                        
          JUDICIAL NOTE, H-AM 1                                                
          No change from previous judicial note.                               
          FISCAL NOTE, H-AMS 1 & 4 (Dpt. of Corrections)                       
          Minimal fiscal and prison population impact.                         
          CORRECTIONAL NOTE, H-AMS 1 & 4                                       
          No change from previous correctional note.                           
        HOUSE AMENDMENT NO. 1.  (House recedes May 22, 1998)                   
          Adds reference to:                                                   
          725 ILCS 5/106B-5                                                    
          725 ILCS 5/112-5                from Ch. 38, par. 112-5              
          725 ILCS 5/115-9                from Ch. 38, par. 115-9              
          730 ILCS 5/5-8-7                from Ch. 38, par. 1005-8-7           
        Amends the Code of Criminal Procedure of 1963. Provides  that  in      
   counties  with  a population less than 1,000,000, the State's Attorney      
   may appoint any number of sworn police officers as temporary grand          
   jury  investigators. Eliminates provision that permits the court, in a      
   prosecution for theft, retail theft, deceptive practice, robbery,           
   armed robbery, burglary, or residential burglary, upon a motion by the      
   defendant,  to  order  a  law enforcement agency to hold property over      
   which the defendant has been accused of exerting unauthorized  control      
   or to have obtained unlawfully until completion of the trial even           
   though the property has been photographed if the photograph demon-          
   states the nature of the property and is otherwise admissible into          
   evidence. Provides that when a child victim of certain sexual offenses      
   textifies by closed circuit television, the court reporter shall be in      
   the room with the child. Also permits the court to allow a Children's       
   Advocacy Center representative to be in the room with the child when        
   the child testifies. Amends the Unified Code of Corrections. Provides       
   that an offender who is in custody simultaneously for more than one         
   offense and is sentenced to consecutive terms of imprisonment for           
   those offenses shall be given credit for time spent in custody on only      
   one of the sentences imposed.                                               
        HOUSE AMENDMENT NO. 2. (House recedes May 22, 1998)                    
          Adds reference to:                                                   
          55 ILCS 5/4-2001                from Ch. 34, par. 4-2001             
        Amends the Counties Code.  Provides that a State's Attorney in  a      
   county between 10,000 and 30,000 inhabitants or in a county containing      
   30,000  or  more inhabitants that reached that population between 1970      
   and December 31, 1981, who filed a written declaration  of  intent  to      
   engage in the private practice of law with the county clerk may revoke      
   his  or her declaration from the effective date of this amendatory Act      
   until February 1, 1999 by filing of the  revocation  with  the  county      
   clerk during this time period.                                              
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          725 ILCS 5/115-4.1                                                   
        Amends the Code of Criminal Procedure of 1963.  Provides  that  a      
   defendant  charged with a misdemeanor who wilfully fails to appear for      
   trial may be tried in the absence of the defendant.                         
        HOUSE AMENDMENT NO. 4.  (House recedes May 22, 1998)                   
        Provides that, if an offender is in  custody  simultaneously  for      
   more  than  one  offense  and  is  sentenced to consecutive terms, the      
   offender shall be given credit for time spent  in  custody  "prior  to      
   sentencing  on  the aggregate sentences imposed" (rather than "on only      
   one of the sentences imposed").                                             
 
Last action on Bill: PUBLIC ACT.............................. 90-0787

   Last action date: 98-08-14

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   4     SENATE -   1


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