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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
| 5 | Section 16-14 as follows:
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| 6 | (720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
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| 7 | Sec. 16-14. (a) A person commits the offense of unlawful | ||||||
| 8 | interference
with public utility services when he or she
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| 9 | knowingly, without the consent of the
owner of the services, | ||||||
| 10 | impairs or interrupts any public water, gas or power
supply, | ||||||
| 11 | telecommunications service, wireless service, or other public | ||||||
| 12 | services, or diverts,
or causes to be diverted in whole or in | ||||||
| 13 | part, any public water, gas, or power
supply, | ||||||
| 14 | telecommunications service, wireless service, or other public | ||||||
| 15 | services, or installs or
removes any device for the purpose of | ||||||
| 16 | such diversion, or knowingly delays restoration of such public | ||||||
| 17 | services, as a result of the person's theft of wire used for | ||||||
| 18 | such services.
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| 19 | (b) The terms "public water, gas, or power supply, or other | ||||||
| 20 | public services
service"
mean any service subject to regulation | ||||||
| 21 | by the Illinois Commerce Commission;
any service furnished by a | ||||||
| 22 | public utility that is owned and operated by
any political | ||||||
| 23 | subdivision, public institution of higher education or | ||||||
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| 1 | municipal
corporation of this State; any service furnished by | ||||||
| 2 | any public
utility that is owned by such political subdivision, | ||||||
| 3 | public institution
of higher education, or municipal | ||||||
| 4 | corporation and operated by any of its
lessees or operating | ||||||
| 5 | agents; and any service furnished by an electric
cooperative as | ||||||
| 6 | defined in Section 3.4 of the Electric Supplier Act; or | ||||||
| 7 | wireless service or other service regulated by the Federal | ||||||
| 8 | Communications Commission.
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| 9 | (c) Any instrument, apparatus, or device used in obtaining | ||||||
| 10 | utility
services without paying the full charge therefore or | ||||||
| 11 | any meter that has been
altered, tampered with, or bypassed so | ||||||
| 12 | as to cause a lack of measurement or
inaccurate measurement of | ||||||
| 13 | utility services on premises controlled by the
customer or by | ||||||
| 14 | the person using or receiving the direct benefit of utility
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| 15 | service at that location shall raise a rebuttable presumption | ||||||
| 16 | of the commission
of the offense described in subparagraph (a) | ||||||
| 17 | by such person.
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| 18 | (d) (1) A person convicted of unlawful interference with | ||||||
| 19 | public utility
services is guilty of a Class A misdemeanor | ||||||
| 20 | unless the offense was committed
for remuneration, in which | ||||||
| 21 | case it is a Class 4 felony.
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| 22 | (2) After a first conviction of unlawful interference with | ||||||
| 23 | public
utility services any subsequent conviction shall be a | ||||||
| 24 | Class 4 felony. | ||||||
| 25 | (3) If the disruption of the public utility services or the | ||||||
| 26 | delay in the restoration of the public utility services occurs | ||||||
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| 1 | to 10 or more customers or affects an area of more than one | ||||||
| 2 | square mile, unlawful interference with public utility
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| 3 | services is a Class 2 felony.
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| 4 | (Source: P.A. 88-75.)
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