Bill Text: IL HB0010 | 2009-2010 | 96th General Assembly | Enrolled
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.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2009-08-18 - Public Act . . . . . . . . . 96-0556 [HB0010 Detail]
Download: Illinois-2009-HB0010-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 18-1 and 19-1 and by adding Sections 2-5.1, 2-5.2, | ||||||
6 | 2-8.1, and 2-12.1 as follows:
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7 | (720 ILCS 5/2-5.1 new)
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8 | Sec. 2-5.1. Day care center. "Day care center" has the | ||||||
9 | meaning ascribed to it in Section 2.09 of the Child Care Act of | ||||||
10 | 1969.
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11 | (720 ILCS 5/2-5.2 new)
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12 | Sec. 2-5.2. Day care home. "Day care home" has the meaning | ||||||
13 | ascribed to it in Section 2.18 of the Child Care Act of 1969.
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14 | (720 ILCS 5/2-8.1 new)
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15 | Sec. 2-8.1. Group day care home. "Group day care home" has | ||||||
16 | the meaning ascribed to it in Section 2.20 of the Child Care | ||||||
17 | Act of 1969.
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18 | (720 ILCS 5/2-12.1 new)
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19 | Sec. 2-12.1. Part day child care facility. "Part day child | ||||||
20 | care facility" has the meaning ascribed to it in Section 2.10 |
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1 | of the Child Care Act of 1969.
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2 | (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
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3 | Sec. 18-1. Robbery.
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4 | (a) A person commits robbery when he or she takes property, | ||||||
5 | except a
motor vehicle covered by Section 18-3 or 18-4,
from | ||||||
6 | the person or presence of another by the use of force or by
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7 | threatening the imminent use of force.
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8 | (b) Sentence.
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9 | Robbery is a Class 2 felony. However, if the victim is 60 | ||||||
10 | years of age
or over or is a physically handicapped person, or | ||||||
11 | if the robbery is
committed
in a school , day care center, day | ||||||
12 | care home, group day care home, or part day child care | ||||||
13 | facility, or place of worship, robbery is a Class 1 felony.
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14 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
15 | violations committed in a day care center, day care home, group | ||||||
16 | day care home, or part day child care facility, the time of | ||||||
17 | day, time of year, and whether
children under 18 years of age | ||||||
18 | were present in the day care center, day care home, group day | ||||||
19 | care home, or part day child care facility are irrelevant. | ||||||
20 | (Source: P.A. 91-360, eff. 7-29-99.)
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21 | (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
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22 | Sec. 19-1. Burglary.
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23 | (a) A person commits burglary when without authority he | ||||||
24 | knowingly enters
or without authority remains within a |
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1 | building, housetrailer, watercraft,
aircraft, motor vehicle as | ||||||
2 | defined in the Illinois Vehicle Code, railroad
car, or any part | ||||||
3 | thereof, with intent to commit therein a felony or theft.
This | ||||||
4 | offense shall not include the offenses set out in Section 4-102 | ||||||
5 | of the
Illinois Vehicle Code.
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6 | (b) Sentence.
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7 | Burglary is a Class 2 felony. A burglary committed in a | ||||||
8 | school , day care center, day care home, group day care home, or | ||||||
9 | part day child care facility, or place of
worship is a
Class 1 | ||||||
10 | felony , except that this provision does not apply to a day care | ||||||
11 | center, day care home, group day care home, or part day child | ||||||
12 | care facility operated in a private residence used as a | ||||||
13 | dwelling .
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14 | (c) Regarding penalties prescribed in subsection
(b) for | ||||||
15 | violations committed in a day care center, day care home, group | ||||||
16 | day care home, or part day child care facility, the time of | ||||||
17 | day, time of year, and whether children under 18 years of age | ||||||
18 | were present in the day care center, day care home, group day | ||||||
19 | care home, or part day child care facility are irrelevant. | ||||||
20 | (Source: P.A. 91-360, eff. 7-29-99; 91-928, eff. 6-1-01.)
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