Public Act 102-0546
 
SB2193 EnrolledLRB102 13315 KMF 18659 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by
changing Section 19-1 as follows:
 
    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
    Sec. 19-1. Burglary.
    (a) A person commits burglary when without authority he or
she knowingly enters or without authority remains within a
building, housetrailer, watercraft, aircraft, motor vehicle,
railroad car, freight container, or any part thereof, with
intent to commit therein a felony or theft. This offense shall
not include the offenses set out in Section 4-102 of the
Illinois Vehicle Code.
    (b) Sentence.
    Burglary committed in, and without causing damage to, a
watercraft, aircraft, motor vehicle, railroad car, freight
container, or any part thereof is a Class 3 felony. Burglary
committed in a building, housetrailer, or any part thereof or
while causing damage to a watercraft, aircraft, motor vehicle,
railroad car, freight container, or any part thereof is a
Class 2 felony. A burglary committed in a school, day care
center, day care home, group day care home, or part day child
care facility, or place of worship is a Class 1 felony, except
that this provision does not apply to a day care center, day
care home, group day care home, or part day child care facility
operated in a private residence used as a dwelling.
    (c) Regarding penalties prescribed in subsection (b) for
violations committed in a day care center, day care home,
group day care home, or part day child care facility, the time
of day, time of year, and whether children under 18 years of
age were present in the day care center, day care home, group
day care home, or part day child care facility are irrelevant.
(Source: P.A. 100-3, eff. 1-1-18.)