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Public Act 102-0546 Public Act 0546 102ND GENERAL ASSEMBLY |
Public Act 102-0546 | SB2193 Enrolled | LRB102 13315 KMF 18659 b |
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| 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 2012 is amended by | changing Section 19-1 as follows:
| (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
| Sec. 19-1. Burglary.
| (a) A person commits burglary when without authority he or | she knowingly enters
or without authority remains within a | building, housetrailer, watercraft,
aircraft, motor vehicle, | railroad
car, freight container, or any part thereof, with | intent to commit therein a felony or theft.
This offense shall | not include the offenses set out in Section 4-102 of the
| Illinois Vehicle Code.
| (b) Sentence.
| Burglary committed in, and without causing damage to, a | watercraft, aircraft, motor vehicle, railroad car, freight | container, or any part thereof is a Class 3 felony. Burglary | committed in a building, housetrailer, or any part thereof or | while causing damage to a watercraft, aircraft, motor vehicle, | railroad car, freight container, or any part thereof is a | Class 2 felony. A burglary committed in a school, day care | center, day care home, group day care home, or part day child |
| care facility, or place of
worship is a
Class 1 felony, except | that this provision does not apply to a day care center, day | care home, group day care home, or part day child care facility | operated in a private residence used as a dwelling.
| (c) Regarding penalties prescribed in subsection
(b) for | violations committed in a day care center, day care home, | group day care home, or part day child care facility, the time | of day, time of year, and whether children under 18 years of | age were present in the day care center, day care home, group | day care home, or part day child care facility are irrelevant. | (Source: P.A. 100-3, eff. 1-1-18 .)
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Effective Date: 1/1/2022
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