HB3962 96TH GENERAL ASSEMBLY

LRB096 10339 RLC 20509 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3962

Introduced 2/26/2009, by Rep. Deborah Mell

SYNOPSIS AS INTRODUCED:

720 ILCS 5/37-1

from Ch. 38, par. 37-1

Amends the Criminal Code of 1961. Provides that any building used in the commission of aggravated child pornography, aggravated criminal housing management, dog fighting, violations of the Liquor Control Act of 1934 relating to the sale or dispensing or permitting the illegal consumption of alcoholic liquors by persons under 21 years of age, or violations of the Humane Care for Animals Act is a public nuisance. Eliminates references to repealed abortion and juice racketeering offenses. Indicates specific violations next to statutory Section number references. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 37-1 as follows:

(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)

Sec. 37-1. Maintaining Public Nuisance. Any building used in the commission of offenses prohibited by Sections 9-1 (first degree murder), 10-1 (kidnapping), 10-2 (aggravated kidnapping), 11-14 (prostitution), 11-15 (soliciting for a prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-20 (obscenity), 11-20.1 (child pornography), 11-20.3 (aggravated child pornography), 11-21 (harmful material), 11-22 (tie-in sales of obscene publications to distributors), 12-5.1 (criminal housing management), 12-5.15 (aggravated criminal housing management), 16-1 (theft), 20-2 (possession of explosives or explosive or incendiary devices), 23-1, 23-1(a)(1), 24-1(a)(7)(unlawful use of weapons, machine guns, sawed-off rifles and shotguns, grenades, bombs, Molotov cocktails), 24-3 (unlawful sale of firearms), 26-5 (dog fighting), 28-1 (gambling), 28-3 (keeping a gambling place), or , 31-5 (concealing or aiding a fugitive) or 39A-1 of the Criminal Code of 1961, or prohibited by subsection (a-1), (c), or (d) of Section 6-16 of the Liquor Control Act of 1934, the Humane Care for Animals Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act, or used in the commission of an inchoate offense relative to any of the aforesaid principal offenses, or any real property erected, established, maintained, owned, leased, or used by a streetgang for the purpose of conducting streetgang related activity as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act is a public nuisance.

(b) Sentence. A person convicted of knowingly maintaining such a public nuisance commits a Class A misdemeanor. Each subsequent offense under this Section is a Class 4 felony.

(Source: P.A. 94-556, eff. 9-11-05.)

Section 99. Effective date. This Act takes effect upon becoming law.