Public Act 096-0556
 		





HB0010 Enrolled
LRB096 01961 RLC 11970 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 1961 is amended  by changing 
Sections 18-1 and 19-1 and by adding Sections 2-5.1, 2-5.2, 
2-8.1, and 2-12.1 as follows:
 
    (720 ILCS 5/2-5.1 new)

    Sec. 2-5.1. Day care center. "Day care center"  has the 
meaning ascribed to it in Section 2.09 of the Child Care Act of 
1969.
 
    (720 ILCS 5/2-5.2 new)

    Sec. 2-5.2. Day care home. "Day care home" has the meaning 
ascribed to it in Section 2.18 of the Child Care Act of 1969.
 
    (720 ILCS 5/2-8.1 new)

    Sec. 2-8.1. Group day care home. "Group day care home" has 
the meaning ascribed to it in Section 2.20 of the Child Care 
Act of 1969.
 
    (720 ILCS 5/2-12.1 new)

    Sec. 2-12.1. Part day child care facility.  "Part day child 
care facility" has the meaning ascribed to it in Section 2.10 
of the Child Care Act of 1969.
 



    (720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)



    Sec. 18-1. Robbery. 

    (a) A person commits robbery when he or she takes property, 
except a
motor vehicle covered by Section 18-3 or 18-4,
from 
the person or presence of another by the use of force or by

threatening the imminent use of force.

    (b) Sentence.

    Robbery is a Class 2 felony.  However, if the victim is 60 
years of age
or over or is a physically handicapped person, or 
if the robbery is
committed
in a school, day care center, day 
care home, group day care home, or part day child care 
facility, or place of worship, robbery is a Class 1 felony.

    (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. 91-360, eff. 7-29-99.)

 



    (720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)



    Sec. 19-1. Burglary. 

    (a) A person commits burglary when without authority he 
knowingly enters
or without authority remains within a 
building, housetrailer, watercraft,
aircraft, motor vehicle as 
defined in the Illinois Vehicle Code, railroad
car, 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 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. 91-360, eff. 7-29-99; 91-928, eff. 6-1-01.)