96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0010


 
Introduced 1/14/2009, by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 		








    




720 ILCS 5/2-5.1 new





720 ILCS 5/18-1
  from Ch. 38, par. 18-1


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







    Amends the Criminal Code of 1961.  Defines "day care center".  Provides that the penalty for a robbery or burglary committed in a day care center is a Class 1 (rather than a Class 2) felony.  Provides that for the penalty for a robbery or burglary committed in a day care center, the time of day, time of year, and whether
children under 18 years of age were present in the day care center at the time of the offense are irrelevant.   
















LRB096 01961 RLC 11970 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0010

LRB096 01961 RLC 11970 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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Sections 18-1 and 19-1 and by adding Section 2-5.1 as follows:
 
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    (720 ILCS 5/2-5.1 new)

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    Sec. 2-5.1. Day care center. "Day care center"  has the 
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meaning ascribed to it in Section 2.09 of the Child Care Act of 
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1969.
 



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    (720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)



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    Sec. 18-1. Robbery. 

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    (a) A person commits robbery when he or she takes property, 
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except a
motor vehicle covered by Section 18-3 or 18-4,
from 
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the person or presence of another by the use of force or by

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threatening the imminent use of force.

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    (b) Sentence.

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    Robbery is a Class 2 felony.  However, if the victim is 60 
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years of age
or over or is a physically handicapped person, or 
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if the robbery is
committed
in a school, day care center, or 
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place of worship, robbery is a Class 1 felony.

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    (c)  Regarding penalties prescribed in subsection
(b) for 
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violations committed in a day care center, the time of day, 
 


 






HB0010
- 2 -
LRB096 01961 RLC 11970 b




1
time of year, and whether
children under 18 years of age were 
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present in the day care center at the time of the offense are 
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irrelevant. 
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(Source: P.A. 91-360, eff. 7-29-99.)

 



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



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    Sec. 19-1. Burglary. 

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    (a) A person commits burglary when without authority he 
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knowingly enters
or without authority remains within a 
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building, housetrailer, watercraft,
aircraft, motor vehicle as 
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defined in the Illinois Vehicle Code, railroad
car, or any part 
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thereof, with intent to commit therein a felony or theft.
This 
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offense shall not include the offenses set out in Section 4-102 
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of the
Illinois Vehicle Code.

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    (b) Sentence.

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    Burglary is a Class 2 felony.  A burglary committed in a 
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school, day care center, or place of
worship is a
Class 1 
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felony.

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    (c)  Regarding penalties prescribed in subsection
(b) for 
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violations committed in a day care center, the time of day, 
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time of year, and whether
children under 18 years of age were 
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present in the day care center at the time of the offense are 
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irrelevant. 
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(Source: P.A. 91-360, eff. 7-29-99; 91-928, eff. 6-1-01.)