State of Illinois
91st General Assembly
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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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