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Public Act 91-0409
HB0251 Enrolled LRB9101757RCdv
AN ACT to amend the Criminal Code of 1961 by changing
Section 47-15.
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 47-15 as follows:
(720 ILCS 5/47-15)
Sec. 47-15. Dumping garbage upon real property.
(a) It is unlawful for a person to dump, deposit, or
place garbage, rubbish, trash, or refuse upon real property
not owned by that person without the consent of the owner or
person in possession of the real property.
(b) A person who violates this Section is liable to the
owner or person in possession of the real property on which
the garbage, rubbish, trash, or refuse is dumped, deposited,
or placed for the reasonable costs incurred by the owner or
person in possession for cleaning up and properly disposing
of the garbage, rubbish, trash, or refuse, and for reasonable
attorneys' fees.
(c) A person violating this Section is guilty of a Class
B misdemeanor for which the court must impose a minimum fine
of $500. A second conviction for an offense committed after
the first conviction is a Class A misdemeanor for which the
court must impose a minimum fine of $500. A third or
subsequent violation, committed after a second conviction, is
a Class 4 felony for which the court must impose a minimum
fine of $500. A person who violates this Section and who has
an equity interest in a motor vehicle used in violation of
this Section is presumed to have the financial resources to
pay the minimum fine not exceeding his or her equity interest
in the vehicle. Personal property used by a person in
violation of this Section shall on the third or subsequent
conviction of the person be forfeited to the county where the
violation occurred and disposed of at a public sale. Before
the forfeiture, the court shall conduct a hearing to
determine whether property is subject to forfeiture under
this Section. At the forfeiture hearing the State has the
burden of establishing by a preponderance of the evidence
that property is subject to forfeiture under this Section.
(d) The statutory minimum fine required by subsection
(c) is not subject to reduction or suspension unless the
defendant is indigent. If the defendant files a motion with
the court asserting his or her inability to pay the mandatory
fine required by this Section, the court must set a hearing
on the motion before sentencing. The court must require an
affidavit signed by the defendant containing sufficient
information to ascertain the assets and liabilities of the
defendant. If the court determines that the defendant is
indigent, the court must require that the defendant choose
either to pay the minimum fine of $500 or to perform 100
hours of community service.
(Source: P.A. 89-234, eff. 1-1-96; 90-655, eff.
7-30-98.)
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