(730 ILCS 148/5) Sec. 5. Definitions. In this Act: (a) "Arsonist" means any person who is: (1) charged under Illinois law, or any substantially |
| similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with an arson offense, set forth in subsection (b) of this Section or the attempt to commit an included arson offense, and:
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(i) is convicted of such offense or an attempt to
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(ii) is found not guilty by reason of insanity of
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| such offense or an attempt to commit such offense; or
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(iii) is found not guilty by reason of insanity
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| under subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or
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(iv) is the subject of a finding not resulting in
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| an acquittal at a hearing conducted under subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or
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(v) is found not guilty by reason of insanity
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| following a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or
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(vi) is the subject of a finding not resulting in
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| an acquittal at a hearing conducted under a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense;
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(2) a minor who has been tried and convicted in an
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| adult criminal prosecution as the result of committing or attempting to commit an offense specified in subsection (b) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law. Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Act as one conviction. Any conviction set aside under law is not a conviction for purposes of this Act.
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(b) "Arson offense" means:
(1) A conviction of any of the following Sections of
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| the Criminal Code of 1961 or the Criminal Code of 2012:
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(i) 20-1 (arson; residential arson; place of
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(ii) 20-1.1 (aggravated arson),
(iii) 20-1(b) or 20-1.2 (residential arson),
(iv) 20-1(b-5) or 20-1.3 (place of worship
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(v) 20-2 (possession of explosives or explosive
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| or incendiary devices), or
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(vi) An attempt to commit any of the offenses
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| listed in clauses (i) through (v).
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(2) A violation of any former law of this State
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| substantially equivalent to any offense listed in subsection (b) of this Section.
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(Source: P.A. 103-609, eff. 7-1-24.)
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