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91_HB0251enr HB0251 Enrolled LRB9101757RCdv 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 47-15. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 47-15 as follows: 7 (720 ILCS 5/47-15) 8 Sec. 47-15. Dumping garbage upon real property. 9 (a) It is unlawful for a person to dump, deposit, or 10 place garbage, rubbish, trash, or refuse upon real property 11 not owned by that person without the consent of the owner or 12 person in possession of the real property. 13 (b) A person who violates this Section is liable to the 14 owner or person in possession of the real property on which 15 the garbage, rubbish, trash, or refuse is dumped, deposited, 16 or placed for the reasonable costs incurred by the owner or 17 person in possession for cleaning up and properly disposing 18 of the garbage, rubbish, trash, or refuse, and for reasonable 19 attorneys' fees. 20 (c) A person violating this Section is guilty of a Class 21 B misdemeanor for which the court must impose a minimum fine 22 of $500. A second conviction for an offense committed after 23 the first conviction is a Class A misdemeanor for which the 24 court must impose a minimum fine of $500. A third or 25 subsequent violation, committed after a second conviction, is 26 a Class 4 felony for which the court must impose a minimum 27 fine of $500. A person who violates this Section and who has 28 an equity interest in a motor vehicle used in violation of 29 this Section is presumed to have the financial resources to 30 pay the minimum fine not exceeding his or her equity interest 31 in the vehicle. Personal property used by a person in HB0251 Enrolled -2- LRB9101757RCdv 1 violation of this Section shall on the third or subsequent 2 conviction of the person be forfeited to the county where the 3 violation occurred and disposed of at a public sale. Before 4 the forfeiture, the court shall conduct a hearing to 5 determine whether property is subject to forfeiture under 6 this Section. At the forfeiture hearing the State has the 7 burden of establishing by a preponderance of the evidence 8 that property is subject to forfeiture under this Section. 9 (d) The statutory minimum fine required by subsection 10 (c) is not subject to reduction or suspension unless the 11 defendant is indigent. If the defendant files a motion with 12 the court asserting his or her inability to pay the mandatory 13 fine required by this Section, the court must set a hearing 14 on the motion before sentencing. The court must require an 15 affidavit signed by the defendant containing sufficient 16 information to ascertain the assets and liabilities of the 17 defendant. If the court determines that the defendant is 18 indigent, the court must require that the defendant choose 19 either to pay the minimum fine of $500 or to perform 100 20 hours of community service. 21 (Source: P.A. 89-234, eff. 1-1-96; 90-655, eff. 22 7-30-98.)