102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2193
 
Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 5/19-1  from Ch. 38, par. 19-1

     Amends the Criminal Code of 2012. Provides that a person commits burglary when without authority he or she knowingly enters or without authority remains within a freight container with intent to commit therein a felony or theft. Provides that burglary committed in, and without causing damage to a freight container or any part thereof is a Class 3 felony. Provides that a burglary committed while causing damage to a freight container or any part thereof is a Class 2 felony.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 19-1 as follows:
 


6    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)




7    Sec. 19-1. Burglary. 

8    (a) A person commits burglary when without authority he or 
9she knowingly enters
or without authority remains within a 
10building, housetrailer, watercraft,
aircraft, motor vehicle, 
11railroad
car, freight container, or any part thereof, with 
12intent to commit therein a felony or theft.
This offense shall 
13not include the offenses set out in Section 4-102 of the

14Illinois Vehicle Code.

15    (b) Sentence.

16    Burglary committed in, and without causing damage to, a 
17watercraft, aircraft, motor vehicle, railroad car, freight 
18container, or any part thereof is a Class 3 felony. Burglary 
19committed in  a building, housetrailer, or any part thereof or 
20while causing damage to a watercraft, aircraft, motor vehicle, 
21railroad car, freight container, or any part thereof is a 
22Class 2 felony.  A burglary committed in a school, day care 
23center, day care home, group day care home, or part day child 
 
 
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1care facility, or place of
worship is a
Class 1 felony, except 
2that this provision does not apply to a day care center, day 
3care home, group day care home, or part day child care facility 
4operated in a private residence used as a dwelling.

5    (c)  Regarding penalties prescribed in subsection
(b) for 
6violations committed in a day care center, day care home, 
7group day care home, or part day child care facility, the time 
8of day, time of year, and whether children under 18 years of 
9age were present in the day care center, day care home, group 
10day care home, or part day child care facility are irrelevant. 
11(Source: P.A. 100-3, eff. 1-1-18.)