Public Act 096-0497
 		





HB4066 Enrolled
LRB096 03029 RLC 13043 b






    AN ACT concerning criminal law.

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


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 16-20 as follows:
 



    (720 ILCS 5/16-20)




    Sec. 16-20. Criminal penalties. 

    (a) Except for violations of Section 16-19 as provided for 
in subsection
(b)
or (c) of this Section, a person
who violates 
Section 16-19 is guilty of a Class A misdemeanor.

    (b) An offense under Section 16-19 is a Class 4 felony if:


        (1) the defendant has been convicted previously under 
    Section 16-19
or
convicted of any
similar crime in this or 
    any federal or other state jurisdiction; or


        (2) the violation of Section 16-19 involves at least 
    10, but not more
than
50, unlawful
communication or access 
    devices; or


        (3) a person engages in conduct identified in 
    subdivision (3) of Section
16-19 for the purpose of, and 
    with the intention of, substantially disrupting
and 
    impairing the ability of a communication service provider 
    to deliver
communication services to its lawful customers 
    or subscribers; or .

        (4)  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; or
        (5)  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 and uses any 
    means of electronic communication as defined in the 
    Harassing and Obscene Communications Act for fraud, theft, 
    theft by deception, identity theft, or any other unlawful 
    purpose. 
    (c) An offense under Section 16-19 is a Class 3 felony if:


        (1) the defendant has been convicted previously on 2 or 
    more occasions
for
offenses under
Section 16-19 or for any 
    similar crime in this or any federal or other state

    jurisdiction; or


        (2) the violation of Section 16-19 involves more than 
    50 unlawful
communication or access
devices; or
        (3)  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 and has been 
    convicted previously of an offense under Section 16-19 
    committed by the defendant while serving as a pre-trial 
    detainee in a penal institution or while serving a sentence 
    at a penal institution; or
        (4)  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 and has been 
    convicted previously of an offense under Section 16-19 
    committed by the defendant while serving as a pre-trial 
    detainee in a penal institution or while serving a sentence 
    at a penal institution and uses any means of electronic 
    communication as defined in the Harassing and Obscene 
    Communications Act for fraud, theft, theft by deception, 
    identity theft, or any other unlawful purpose.

    (d) For purposes of grading an offense based upon a prior 
conviction under
Section 16-19 or for any
similar crime under 
subdivisions (b)(1) and (c)(1) of this Section, a prior

conviction shall consist of convictions
upon separate 
indictments or criminal complaints for offenses under Section

16-19 or any similar crime in this or any
federal or other 
state jurisdiction.

    (e) As provided for in subdivisions (b)(1) and (c)(1) of 
this Section, in
grading an offense under Section
16-19 based 
upon a prior conviction, the term "any similar crime" shall

include, but not be limited to, offenses
involving theft of 
service or fraud, including violations of the Cable

Communications Policy Act of 1984 (Public
Law 98-549, 98 Stat. 
2779).

    (f) Separate offenses. For purposes of all criminal 
penalties or fines
established for violations of Section
16-19, 
the prohibited activity established in Section 16-19 as it 
applies to
each
unlawful communication or access device shall

be deemed a separate offense.

    (g)  Fines. For purposes of imposing fines upon conviction 
of a defendant
for
an offense under Section 16-19, all fines 
shall be imposed in accordance with
Article 9 of Chapter V of 
the
Unified Code
of Corrections.

    (h) Restitution.  The court shall, in addition to any other 
sentence
authorized by law, sentence a person
convicted of 
violating Section 16-19 to make restitution in the manner 
provided
in Article 5 of Chapter V of the Unified Code of

Corrections.

    (i) Forfeiture of unlawful communication or access 
devices. Upon conviction
of
a defendant under Section
16-19, 
the court may, in addition to any other sentence authorized by 
law,
direct that the defendant forfeit any
unlawful 
communication or access devices in the defendant's possession 
or
control which were involved in the
violation for which the 
defendant was convicted.

    (j) Venue. An offense under Section 16-19 may be deemed to 
have been
committed
at either the place where
the defendant 
manufactured or assembled an unlawful communication or access

device, or assisted others in doing so,
or the place where the 
unlawful communication or access device was sold or
delivered 
to a purchaser or recipient. It is not a
defense to a violation 
of Section 16-19 that some of the acts constituting the
offense 
occurred outside of the State of
Illinois.

(Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)