093_SB0950sam001
LRB093 02904 WGH 20239 a
1 AMENDMENT TO SENATE BILL 950
2 AMENDMENT NO. . Amend Senate Bill 950 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 16-20 as follows:
6 (720 ILCS 5/16-20)
7 Sec. 16-20. Criminal penalties.
8 (a) Except for violations of Section 16-19 as provided
9 for in subsection (b) or (c) of this Section, a person who
10 violates Section 16-19 is guilty of a Class A misdemeanor.
11 (b) An offense under Section 16-19 is a Class 4 felony
12 if:
13 (1) the defendant has been convicted previously
14 under Section 16-19 or convicted of any similar crime in
15 this or any federal or other state jurisdiction; or
16 (2) the violation of Section 16-19 involves at
17 least 10, but not more than 50, unlawful communication or
18 access devices; or.
19 (3) a person engages in conduct identified in
20 subdivision (3) of Section 16-19 for the purpose of, and
21 with the intention of, substantially disrupting and
22 impairing the ability of a communication service provider
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1 to deliver communication services to its lawful customers
2 or subscribers.
3 (c) An offense under Section 16-19 is a Class 3 felony
4 if:
5 (1) the defendant has been convicted previously on
6 2 or more occasions for offenses under Section 16-19 or
7 for any similar crime in this or any federal or other
8 state jurisdiction; or
9 (2) the violation of Section 16-19 involves more
10 than 50 unlawful communication or access devices.
11 (d) For purposes of grading an offense based upon a
12 prior conviction under Section 16-19 or for any similar crime
13 under subdivisions (b)(1) and (c)(1) of this Section, a prior
14 conviction shall consist of convictions upon separate
15 indictments or criminal complaints for offenses under Section
16 16-19 or any similar crime in this or any federal or other
17 state jurisdiction.
18 (e) As provided for in subdivisions (b)(1) and (c)(1) of
19 this Section, in grading an offense under Section 16-19 based
20 upon a prior conviction, the term "any similar crime" shall
21 include, but not be limited to, offenses involving theft of
22 service or fraud, including violations of the Cable
23 Communications Policy Act of 1984 (Public Law 98-549, 98
24 Stat. 2779).
25 (f) Separate offenses. For purposes of all criminal
26 penalties or fines established for violations of Section
27 16-19, the prohibited activity established in Section 16-19
28 as it applies to each unlawful communication or access device
29 shall be deemed a separate offense.
30 (g) Fines. For purposes of imposing fines upon
31 conviction of a defendant for an offense under Section 16-19,
32 all fines shall be imposed in accordance with Article 9 of
33 Chapter V of the Unified Code of Corrections.
34 (h) Restitution. The court shall, in addition to any
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1 other sentence authorized by law, sentence a person convicted
2 of violating Section 16-19 to make restitution in the manner
3 provided in Article 5 of Chapter V of the Unified Code of
4 Corrections.
5 (i) Forfeiture of unlawful communication or access
6 devices. Upon conviction of a defendant under Section 16-19,
7 the court may, in addition to any other sentence authorized
8 by law, direct that the defendant forfeit any unlawful
9 communication or access devices in the defendant's possession
10 or control which were involved in the violation for which the
11 defendant was convicted.
12 (j) Venue. An offense under Section 16-19 may be deemed
13 to have been committed at either the place where the
14 defendant manufactured or assembled an unlawful communication
15 or access device, or assisted others in doing so, or the
16 place where the unlawful communication or access device was
17 sold or delivered to a purchaser or recipient. It is not a
18 defense to a violation of Section 16-19 that some of the acts
19 constituting the offense occurred outside of the State of
20 Illinois.
21 (Source: P.A. 92-728, eff. 1-1-03.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".