102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2193

 

Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/19-1  from Ch. 38, par. 19-1

    Amends the Criminal Code of 2012. Provides that a person commits burglary when without authority he or she knowingly enters or without authority remains within a freight container with intent to commit therein a felony or theft. Provides that burglary committed in, and without causing damage to a freight container or any part thereof is a Class 3 felony. Provides that a burglary committed while causing damage to a freight container or any part thereof is a Class 2 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 19-1 as follows:
 
6    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
7    Sec. 19-1. Burglary.
8    (a) A person commits burglary when without authority he or
9she knowingly enters or without authority remains within a
10building, housetrailer, watercraft, aircraft, motor vehicle,
11railroad car, freight container, or any part thereof, with
12intent to commit therein a felony or theft. This offense shall
13not include the offenses set out in Section 4-102 of the
14Illinois Vehicle Code.
15    (b) Sentence.
16    Burglary committed in, and without causing damage to, a
17watercraft, aircraft, motor vehicle, railroad car, freight
18container, or any part thereof is a Class 3 felony. Burglary
19committed in a building, housetrailer, or any part thereof or
20while causing damage to a watercraft, aircraft, motor vehicle,
21railroad car, freight container, or any part thereof is a
22Class 2 felony. A burglary committed in a school, day care
23center, day care home, group day care home, or part day child

 

 

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1care facility, or place of worship is a Class 1 felony, except
2that this provision does not apply to a day care center, day
3care home, group day care home, or part day child care facility
4operated in a private residence used as a dwelling.
5    (c) Regarding penalties prescribed in subsection (b) for
6violations committed in a day care center, day care home,
7group day care home, or part day child care facility, the time
8of day, time of year, and whether children under 18 years of
9age were present in the day care center, day care home, group
10day care home, or part day child care facility are irrelevant.
11(Source: P.A. 100-3, eff. 1-1-18.)