093_SB1680ham001

 










                                     LRB093 02908 RLC 17065 a

 1                    AMENDMENT TO SENATE BILL 1680

 2        AMENDMENT NO.     .  Amend Senate Bill 1680 by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 02908 RLC 17065 a
 1        for  any  similar  crime  in this or any federal or other
 2        state jurisdiction; or
 3             (2)  the violation of Section  16-19  involves  more
 4        than 50 unlawful communication or access devices; or.
 5             (3)  a  person engages in any of the prohibited acts
 6        identified in Section 16-19 for the purpose of disrupting
 7        the delivery of any communication service.
 8        (d)  For purposes of grading  an  offense  based  upon  a
 9    prior conviction under Section 16-19 or for any similar crime
10    under subdivisions (b)(1) and (c)(1) of this Section, a prior
11    conviction   shall   consist  of  convictions  upon  separate
12    indictments or criminal complaints for offenses under Section
13    16-19 or any similar crime in this or any  federal  or  other
14    state jurisdiction.
15        (e)  As provided for in subdivisions (b)(1) and (c)(1) of
16    this Section, in grading an offense under Section 16-19 based
17    upon  a  prior conviction, the term "any similar crime" shall
18    include, but not be limited to, offenses involving  theft  of
19    service   or   fraud,   including  violations  of  the  Cable
20    Communications Policy Act of  1984  (Public  Law  98-549,  98
21    Stat. 2779).
22        (f)  Separate  offenses.  For  purposes  of  all criminal
23    penalties or fines  established  for  violations  of  Section
24    16-19,  the  prohibited activity established in Section 16-19
25    as it applies to each unlawful communication or access device
26    shall be deemed a separate offense.
27        (g)    Fines.  For  purposes  of  imposing   fines   upon
28    conviction of a defendant for an offense under Section 16-19,
29    all  fines  shall  be imposed in accordance with Article 9 of
30    Chapter V of the Unified Code of Corrections.
31        (h)  Restitution.  The court shall, in  addition  to  any
32    other sentence authorized by law, sentence a person convicted
33    of  violating Section 16-19 to make restitution in the manner
34    provided in Article 5 of Chapter V of  the  Unified  Code  of
 
                            -3-      LRB093 02908 RLC 17065 a
 1    Corrections.
 2        (i)  Forfeiture   of  unlawful  communication  or  access
 3    devices. Upon conviction of a defendant under Section  16-19,
 4    the  court  may, in addition to any other sentence authorized
 5    by law,  direct  that  the  defendant  forfeit  any  unlawful
 6    communication or access devices in the defendant's possession
 7    or control which were involved in the violation for which the
 8    defendant was convicted.
 9        (j)  Venue.  An offense under Section 16-19 may be deemed
10    to  have  been  committed  at  either  the  place  where  the
11    defendant manufactured or assembled an unlawful communication
12    or access device, or assisted others  in  doing  so,  or  the
13    place  where  the unlawful communication or access device was
14    sold or delivered to a purchaser or recipient. It  is  not  a
15    defense to a violation of Section 16-19 that some of the acts
16    constituting  the  offense  occurred  outside of the State of
17    Illinois.
18    (Source: P.A. 92-728, eff. 1-1-03.)".