SB2193 EngrossedLRB102 13315 KMF 18659 b


  
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 
 
 
SB2193 Engrossed- 2 -LRB102 13315 KMF 18659 b

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.)