HB5219 95TH GENERAL ASSEMBLY

LRB095 17163 RLC 43220 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5219

Introduced , by Rep. Linda Chapa LaVia

SYNOPSIS AS INTRODUCED:

720 ILCS 5/20-1

from Ch. 38, par. 20-1

Amends the Criminal Code of 1961. Provides that a person also commits arson if he or she knowingly participates in methamphetamine manufacturing or knowingly uses any vehicle, structure, or real property to manufacture methamphetamine and as a result of such methamphetamine manufacturing or an attempt to manufacture methamphetamine a fire or explosion occurs within the property used to manufacture or attempt to manufacture methamphetamine or within other property in proximity to the property used to manufacture or attempt to manufacture methamphetamine.

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 20-1 as follows:

(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)

Sec. 20-1. Arson.

(a) A person commits arson when: ,

(1) by means of fire or explosive, he or she knowingly:

(i) (a) Damages any real property, or any personal property having a value of $150 or more, of another without his consent; or

(ii) (b) With intent to defraud an insurer, damages any property or any personal property having a value of $150 or more; or .

(2) he or she knowingly participates in methamphetamine manufacturing or knowingly uses any vehicle, structure, or real property to manufacture methamphetamine and as a result of such methamphetamine manufacturing or an attempt to manufacture methamphetamine a fire or explosion occurs within the property used to manufacture or attempt to manufacture methamphetamine or within other property in proximity to the property used to manufacture or attempt to manufacture methamphetamine.

(a-5) In a prosecution for a violation of paragraph (2) of subsection (a) of this Section, an arson or fire investigator must certify that the origin of the fire or explosion was the result of the manufacture or attempted manufacture of methamphetamine.

(b) In this Section:

(1) "Arson or fire investigator" means a peace officer or firefighter who is trained to investigate the origins of fires and explosions.

(2) "Methamphetamine" has the meaning ascribed to it in Section 10 of the Methamphetamine Control and Community Protection Act.

(3) "Participates" has the meaning ascribed to it in Section 10 of the Methamphetamine Control and Community Protection Act.

(4) Property "of another" means a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.

(c) Sentence.

Arson is a Class 2 felony.

(Source: P.A. 77-2638.)