State of Illinois
91st General Assembly

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[ Senate Amendment 002 ]


HB0251 Enrolled                                LRB9101757RCdv

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 47-15.

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

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 47-15 as follows:

 7        (720 ILCS 5/47-15)
 8        Sec. 47-15.  Dumping garbage upon real property.
 9        (a)  It is unlawful for a person  to  dump,  deposit,  or
10    place  garbage,  rubbish, trash, or refuse upon real property
11    not owned by that person without the consent of the owner  or
12    person in possession of the real property.
13        (b)  A  person who violates this Section is liable to the
14    owner or person in possession of the real property  on  which
15    the  garbage, rubbish, trash, or refuse is dumped, deposited,
16    or placed for the reasonable costs incurred by the  owner  or
17    person  in  possession for cleaning up and properly disposing
18    of the garbage, rubbish, trash, or refuse, and for reasonable
19    attorneys' fees.
20        (c)  A person violating this Section is guilty of a Class
21    B misdemeanor for which the court must impose a minimum  fine
22    of  $500.  A second conviction for an offense committed after
23    the first conviction is a Class A misdemeanor for  which  the
24    court  must  impose  a  minimum  fine  of  $500.   A third or
25    subsequent violation, committed after a second conviction, is
26    a Class 4 felony for which the court must  impose  a  minimum
27    fine  of $500. A person who violates this Section and who has
28    an equity interest in a motor vehicle used  in  violation  of
29    this  Section  is presumed to have the financial resources to
30    pay the minimum fine not exceeding his or her equity interest
31    in the  vehicle.  Personal  property  used  by  a  person  in
HB0251 Enrolled            -2-                 LRB9101757RCdv
 1    violation  of  this  Section shall on the third or subsequent
 2    conviction of the person be forfeited to the county where the
 3    violation occurred and disposed of at a public sale.   Before
 4    the   forfeiture,  the  court  shall  conduct  a  hearing  to
 5    determine whether property is  subject  to  forfeiture  under
 6    this  Section.   At  the forfeiture hearing the State has the
 7    burden of establishing by a  preponderance  of  the  evidence
 8    that property is subject to forfeiture under this Section.
 9        (d)  The  statutory  minimum  fine required by subsection
10    (c) is not subject to  reduction  or  suspension  unless  the
11    defendant  is  indigent. If the defendant files a motion with
12    the court asserting his or her inability to pay the mandatory
13    fine required by this Section, the court must set  a  hearing
14    on  the  motion before sentencing.  The court must require an
15    affidavit  signed  by  the  defendant  containing  sufficient
16    information to ascertain the assets and  liabilities  of  the
17    defendant.   If  the  court  determines that the defendant is
18    indigent, the court must require that  the  defendant  choose
19    either  to  pay  the  minimum  fine of $500 or to perform 100
20    hours of community service.
21        (Source:   P.A.  89-234,  eff.   1-1-96;   90-655,   eff.
22    7-30-98.)

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