Public Act 102-0546
 
SB2193 EnrolledLRB102 13315 KMF 18659 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 2012 is amended  by 
changing Section 19-1 as follows:
 


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




    Sec. 19-1. Burglary. 

    (a) A person commits burglary when without authority he or 
she knowingly enters
or without authority remains within a 
building, housetrailer, watercraft,
aircraft, motor vehicle, 
railroad
car, freight container, 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 committed in, and without causing damage to, a 
watercraft, aircraft, motor vehicle, railroad car, freight 
container, or any part thereof is a Class 3 felony. Burglary 
committed in  a building, housetrailer, or any part thereof or 
while causing damage to a watercraft, aircraft, motor vehicle, 
railroad car, freight container, or any part thereof 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. 100-3, eff. 1-1-18.)