Bill Text: IL HB0010 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Defines "day care center". Provides that the penalty for a robbery or burglary committed in a day care center is a Class 1 (rather than a Class 2) felony. Provides that for the penalty for a robbery or burglary committed in a day care center, the time of day, time of year, and whether children under 18 years of age were present in the day care center at the time of the offense are irrelevant.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0556 [HB0010 Detail]

Download: Illinois-2009-HB0010-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0010 Introduced 1/14/2009, by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED:
720 ILCS 5/2-5.1 new
720 ILCS 5/18-1 from Ch. 38, par. 18-1
720 ILCS 5/19-1 from Ch. 38, par. 19-1
Amends the Criminal Code of 1961. Defines "day care center". Provides that the penalty for a robbery or burglary committed in a day care center is a Class 1 (rather than a Class 2) felony. Provides that for the penalty for a robbery or burglary committed in a day care center, the time of day, time of year, and whether children under 18 years of age were present in the day care center at the time of the offense are irrelevant.
LRB096 01961 RLC 11970 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB0010 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 Section 2-5.1 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 5/18-1) (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, 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, the time of day,

HB0010 - 2 - LRB096 01961 RLC 11970 b
time of year, and whether children under 18 years of age were
present in the day care center at the time of the offense 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, or place of worship is a Class 1
felony.
(c) Regarding penalties prescribed in subsection (b) for
violations committed in a day care center, the time of day,
time of year, and whether children under 18 years of age were
present in the day care center at the time of the offense are
irrelevant.
(Source: P.A. 91-360, eff. 7-29-99; 91-928, eff. 6-1-01.)