HB0010 Enrolled

LRB096 01961 RLC 11970 b






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    AN ACT concerning criminal  law.

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


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Sections 18-1 and 19-1 and by adding Sections 2-5.1, 2-5.2, 
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2-8.1, and 2-12.1 as follows:
 
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    (720 ILCS 5/2-5.1 new)

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

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

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

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


 






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LRB096 01961 RLC 11970 b




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of the Child Care Act of 1969.
 



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



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    Sec. 18-1. Robbery. 

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

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threatening the imminent use of force.

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    (b) Sentence.

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

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    (c)  Regarding penalties prescribed in subsection
(b) for 
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violations committed in a day care center, day care home, group 
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day care home, or part day child care facility, the time of 
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day, time of year, and whether
children under 18 years of age 
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were present in the day care center, day care home, group day 
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care home, or part day child care facility are irrelevant. 
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(Source: P.A. 91-360, eff. 7-29-99.)

 



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



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    Sec. 19-1. Burglary. 

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    (a) A person commits burglary when without authority he 
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knowingly enters
or without authority remains within a 
 


 






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LRB096 01961 RLC 11970 b




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building, housetrailer, watercraft,
aircraft, motor vehicle as 
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defined in the Illinois Vehicle Code, railroad
car, or any part 
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thereof, with intent to commit therein a felony or theft.
This 
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offense shall not include the offenses set out in Section 4-102 
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of the
Illinois Vehicle Code.

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    (b) Sentence.

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    Burglary is a Class 2 felony.  A burglary committed in a 
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school, day care center, day care home, group day care home, or 
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part day child care facility, or place of
worship is a
Class 1 
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felony, except that this provision does not apply to a day care 
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center, day care home, group day care home, or part day child 
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care facility operated in a private residence used as a 
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dwelling.

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    (c)  Regarding penalties prescribed in subsection
(b) for 
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violations committed in a day care center, day care home, group 
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day care home, or part day child care facility, the time of 
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day, time of year, and whether children under 18 years of age 
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were present in the day care center, day care home, group day 
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care home, or part day child care facility are irrelevant. 
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(Source: P.A. 91-360, eff. 7-29-99; 91-928, eff. 6-1-01.)