Bill Text: IL SB2349 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides for enhanced penalties if the defendant at the time of the commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-02-26 - Referred to Assignments [SB2349 Detail]

Download: Illinois-2009-SB2349-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2349 Introduced 2/26/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
720 ILCS 5/16-20
Amends the Criminal Code of 1961. Provides for enhanced penalties if the defendant at the time of the commission of the offense is a pre-trial detainee at a penal institution or is serving a sentence at a penal institution.
LRB096 04309 RLC 14355 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
Section 16-20 as follows:
(720 ILCS 5/16-20)
Sec. 16-20. Criminal penalties.
(a) Except for violations of Section 16-19 as provided for
in subsection (b) or (c) of this Section, a person who violates
Section 16-19 is guilty of a Class A misdemeanor.
(b) An offense under Section 16-19 is a Class 4 felony if:
(1) the defendant has been convicted previously under
Section 16-19 or convicted of any similar crime in this or
any federal or other state jurisdiction; or
(2) the violation of Section 16-19 involves at least
10, but not more than 50, unlawful communication or access
devices; or
(3) a person engages in conduct identified in
subdivision (3) of Section 16-19 for the purpose of, and
with the intention of, substantially disrupting and
impairing the ability of a communication service provider
to deliver communication services to its lawful customers
or subscribers; or .

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(4) the defendant at the time of the commission of the
offense is a pre-trial detainee at a penal institution or
is serving a sentence at a penal institution.
(c) An offense under Section 16-19 is a Class 3 felony if:
(1) the defendant has been convicted previously on 2 or
more occasions for offenses under Section 16-19 or for any
similar crime in this or any federal or other state
jurisdiction; or
(2) the violation of Section 16-19 involves more than
50 unlawful communication or access devices; or
(3) the defendant at the time of the commission of the
offense is a pre-trial detainee at a penal institution or
is serving a sentence at a penal institution and has been
convicted previously of an offense under Section 16-19
committed by the defendant while serving as a pre-trial
detainee in a penal institution or while serving a sentence
at a penal institution.
(d) For purposes of grading an offense based upon a prior
conviction under Section 16-19 or for any similar crime under
subdivisions (b)(1) and (c)(1) of this Section, a prior
conviction shall consist of convictions upon separate
indictments or criminal complaints for offenses under Section
16-19 or any similar crime in this or any federal or other
state jurisdiction.
(e) As provided for in subdivisions (b)(1) and (c)(1) of
this Section, in grading an offense under Section 16-19 based

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upon a prior conviction, the term "any similar crime" shall
include, but not be limited to, offenses involving theft of
service or fraud, including violations of the Cable
Communications Policy Act of 1984 (Public Law 98-549, 98 Stat.
2779).
(f) Separate offenses. For purposes of all criminal
penalties or fines established for violations of Section 16-19,
the prohibited activity established in Section 16-19 as it
applies to each unlawful communication or access device shall
be deemed a separate offense.
(g) Fines. For purposes of imposing fines upon conviction
of a defendant for an offense under Section 16-19, all fines
shall be imposed in accordance with Article 9 of Chapter V of
the Unified Code of Corrections.
(h) Restitution. The court shall, in addition to any other
sentence authorized by law, sentence a person convicted of
violating Section 16-19 to make restitution in the manner
provided in Article 5 of Chapter V of the Unified Code of
Corrections.
(i) Forfeiture of unlawful communication or access
devices. Upon conviction of a defendant under Section 16-19,
the court may, in addition to any other sentence authorized by
law, direct that the defendant forfeit any unlawful
communication or access devices in the defendant's possession
or control which were involved in the violation for which the
defendant was convicted.

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(j) Venue. An offense under Section 16-19 may be deemed to
have been committed at either the place where the defendant
manufactured or assembled an unlawful communication or access
device, or assisted others in doing so, or the place where the
unlawful communication or access device was sold or delivered
to a purchaser or recipient. It is not a defense to a violation
of Section 16-19 that some of the acts constituting the offense
occurred outside of the State of Illinois.
(Source: P.A. 92-728, eff. 1-1-03; 93-701, eff. 7-9-04.)