Full Text of HB4066 96th General Assembly
HB4066enr 96TH GENERAL ASSEMBLY
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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 | 5 |
| Section 16-20 as follows:
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| (720 ILCS 5/16-20)
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| Sec. 16-20. Criminal penalties.
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| (a) Except for violations of Section 16-19 as provided for | 9 |
| in subsection
(b)
or (c) of this Section, a person
who violates | 10 |
| Section 16-19 is guilty of a Class A misdemeanor.
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| (b) An offense under Section 16-19 is a Class 4 felony if:
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| (1) the defendant has been convicted previously under | 13 |
| Section 16-19
or
convicted of any
similar crime in this or | 14 |
| any federal or other state jurisdiction; or
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| (2) the violation of Section 16-19 involves at least | 16 |
| 10, but not more
than
50, unlawful
communication or access | 17 |
| devices; or
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| (3) a person engages in conduct identified in | 19 |
| subdivision (3) of Section
16-19 for the purpose of, and | 20 |
| with the intention of, substantially disrupting
and | 21 |
| impairing the ability of a communication service provider | 22 |
| to deliver
communication services to its lawful customers | 23 |
| or subscribers ; or .
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| (4) the defendant at the time of the commission of the | 2 |
| offense is a pre-trial detainee at a penal institution or | 3 |
| is serving a sentence at a penal institution; or | 4 |
| (5) the defendant at the time of the commission of the | 5 |
| offense is a pre-trial detainee at a penal institution or | 6 |
| is serving a sentence at a penal institution and uses any | 7 |
| means of electronic communication as defined in the | 8 |
| Harassing and Obscene Communications Act for fraud, theft, | 9 |
| theft by deception, identity theft, or any other unlawful | 10 |
| purpose. | 11 |
| (c) An offense under Section 16-19 is a Class 3 felony if:
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| (1) the defendant has been convicted previously on 2 or | 13 |
| more occasions
for
offenses under
Section 16-19 or for any | 14 |
| similar crime in this or any federal or other state
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| jurisdiction; or
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| (2) the violation of Section 16-19 involves more than | 17 |
| 50 unlawful
communication or access
devices ; or | 18 |
| (3) the defendant at the time of the commission of the | 19 |
| offense is a pre-trial detainee at a penal institution or | 20 |
| is serving a sentence at a penal institution and has been | 21 |
| convicted previously of an offense under Section 16-19 | 22 |
| committed by the defendant while serving as a pre-trial | 23 |
| detainee in a penal institution or while serving a sentence | 24 |
| at a penal institution; or | 25 |
| (4) the defendant at the time of the commission of the | 26 |
| offense is a pre-trial detainee at a penal institution or |
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| is serving a sentence at a penal institution and has been | 2 |
| convicted previously of an offense under Section 16-19 | 3 |
| committed by the defendant while serving as a pre-trial | 4 |
| detainee in a penal institution or while serving a sentence | 5 |
| at a penal institution and uses any means of electronic | 6 |
| communication as defined in the Harassing and Obscene | 7 |
| Communications Act for fraud, theft, theft by deception, | 8 |
| identity theft, or any other unlawful purpose .
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| (d) For purposes of grading an offense based upon a prior | 10 |
| conviction under
Section 16-19 or for any
similar crime under | 11 |
| subdivisions (b)(1) and (c)(1) of this Section, a prior
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| conviction shall consist of convictions
upon separate | 13 |
| indictments or criminal complaints for offenses under Section
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| 16-19 or any similar crime in this or any
federal or other | 15 |
| state jurisdiction.
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| (e) As provided for in subdivisions (b)(1) and (c)(1) of | 17 |
| this Section, in
grading an offense under Section
16-19 based | 18 |
| upon a prior conviction, the term "any similar crime" shall
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| include, but not be limited to, offenses
involving theft of | 20 |
| service or fraud, including violations of the Cable
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| Communications Policy Act of 1984 (Public
Law 98-549, 98 Stat. | 22 |
| 2779).
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| (f) Separate offenses. For purposes of all criminal | 24 |
| penalties or fines
established for violations of Section
16-19, | 25 |
| the prohibited activity established in Section 16-19 as it | 26 |
| applies to
each
unlawful communication or access device shall
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| be deemed a separate offense.
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| (g) Fines. For purposes of imposing fines upon conviction | 3 |
| of a defendant
for
an offense under Section 16-19, all fines | 4 |
| shall be imposed in accordance with
Article 9 of Chapter V of | 5 |
| the
Unified Code
of Corrections.
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| (h) Restitution. The court shall, in addition to any other | 7 |
| sentence
authorized by law, sentence a person
convicted of | 8 |
| violating Section 16-19 to make restitution in the manner | 9 |
| provided
in Article 5 of Chapter V of the Unified Code of
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| Corrections.
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| (i) Forfeiture of unlawful communication or access | 12 |
| devices. Upon conviction
of
a defendant under Section
16-19, | 13 |
| the court may, in addition to any other sentence authorized by | 14 |
| law,
direct that the defendant forfeit any
unlawful | 15 |
| communication or access devices in the defendant's possession | 16 |
| or
control which were involved in the
violation for which the | 17 |
| defendant was convicted.
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| (j) Venue. An offense under Section 16-19 may be deemed to | 19 |
| have been
committed
at either the place where
the defendant | 20 |
| manufactured or assembled an unlawful communication or access
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| device, or assisted others in doing so,
or the place where the | 22 |
| unlawful communication or access device was sold or
delivered | 23 |
| to a purchaser or recipient. It is not a
defense to a violation | 24 |
| of Section 16-19 that some of the acts constituting the
offense | 25 |
| occurred outside of the State of
Illinois.
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| (Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)
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