Public Act 096-0497
 
HB4066 Enrolled LRB096 03029 RLC 13043 b

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

Effective Date: 1/1/2010