093_SB0899eng

 
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 1        AN ACT concerning criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 16-20 as follows:

 6        (720 ILCS 5/16-20)
 7        Sec. 16-20.  Criminal penalties.
 8        (a)  Except  for  violations of Section 16-19 as provided
 9    for in subsection (b) or (c) of this Section,  a  person  who
10    violates Section 16-19 is guilty of a Class A misdemeanor.
11        (b)  An  offense  under Section 16-19 is a Class 4 felony
12    if:
13             (1)  the defendant  has  been  convicted  previously
14        under  Section 16-19 or convicted of any similar crime in
15        this or any federal or other state jurisdiction; or
16             (2)  the violation  of  Section  16-19  involves  at
17        least 10, but not more than 50, unlawful communication or
18        access devices.
19        (c)  An  offense  under Section 16-19 is a Class 3 felony
20    if:
21             (1)  the defendant has been convicted previously  on
22        2  or  more occasions for offenses under Section 16-19 or
23        for any similar crime in this or  any  federal  or  other
24        state jurisdiction; or
25             (2)  the  violation  of  Section 16-19 involves more
26        than 50 unlawful communication or access devices; or.
27             (3)  a person engages in any of the prohibited  acts
28        identified in Section 16-19 for the purpose of disrupting
29        the delivery of any communication service.
30        (d)  For  purposes  of  grading  an  offense based upon a
31    prior conviction under Section 16-19 or for any similar crime
 
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 1    under subdivisions (b)(1) and (c)(1) of this Section, a prior
 2    conviction  shall  consist  of  convictions   upon   separate
 3    indictments or criminal complaints for offenses under Section
 4    16-19  or  any  similar crime in this or any federal or other
 5    state jurisdiction.
 6        (e)  As provided for in subdivisions (b)(1) and (c)(1) of
 7    this Section, in grading an offense under Section 16-19 based
 8    upon a prior conviction, the term "any similar  crime"  shall
 9    include,  but  not be limited to, offenses involving theft of
10    service  or  fraud,  including  violations   of   the   Cable
11    Communications  Policy  Act  of  1984  (Public Law 98-549, 98
12    Stat. 2779).
13        (f)  Separate offenses.  For  purposes  of  all  criminal
14    penalties  or  fines  established  for  violations of Section
15    16-19, the prohibited activity established in  Section  16-19
16    as it applies to each unlawful communication or access device
17    shall be deemed a separate offense.
18        (g)     Fines.   For  purposes  of  imposing  fines  upon
19    conviction of a defendant for an offense under Section 16-19,
20    all fines shall be imposed in accordance with  Article  9  of
21    Chapter V of the Unified Code of Corrections.
22        (h)  Restitution.   The  court  shall, in addition to any
23    other sentence authorized by law, sentence a person convicted
24    of violating Section 16-19 to make restitution in the  manner
25    provided  in  Article  5  of Chapter V of the Unified Code of
26    Corrections.
27        (i)  Forfeiture  of  unlawful  communication  or   access
28    devices.  Upon conviction of a defendant under Section 16-19,
29    the court may, in addition to any other  sentence  authorized
30    by  law,  direct  that  the  defendant  forfeit  any unlawful
31    communication or access devices in the defendant's possession
32    or control which were involved in the violation for which the
33    defendant was convicted.
34        (j)  Venue. An offense under Section 16-19 may be  deemed
 
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 1    to  have  been  committed  at  either  the  place  where  the
 2    defendant manufactured or assembled an unlawful communication
 3    or  access  device,  or  assisted  others in doing so, or the
 4    place where the unlawful communication or access  device  was
 5    sold  or  delivered  to a purchaser or recipient. It is not a
 6    defense to a violation of Section 16-19 that some of the acts
 7    constituting the offense occurred outside  of  the  State  of
 8    Illinois.
 9    (Source: P.A. 92-728, eff. 1-1-03.)