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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0065
Introduced 1/26/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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720 ILCS 5/37-1 |
from Ch. 38, par. 37-1 |
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Amends the Criminal Code of 1961. Provides that any business conducted that: (1) violates a public right; (2) produces a common injury; (3) obstructs a public right; and (4) causes a public annoyance and any building used in the conduct of that business is a public nuisance and may be abated. Provides that the number of persons annoyed by the activities of the business is not a determinative factor as to whether the activities constitute a public nuisance but the possibility of annoyance to the public by the invasion of its rights. Provides that an activity may constitute a public nuisance if it injures the public generally who may be so circumstanced as to come within its influence.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0065 |
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LRB094 05340 RLC 35384 b |
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| AN ACT concerning public nuisances.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 37-1 as follows:
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| (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
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| Sec. 37-1. Maintaining Public Nuisance.
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| (a) Any building used in the commission of offenses |
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| prohibited by Sections
9-1, 10-1, 10-2, 11-14, 11-15, 11-16, |
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| 11-17, 11-20, 11-20.1, 11-21, 11-22,
12-5.1, 16-1, 20-2, 23-1, |
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| 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or
39A-1 of the |
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| Criminal Code of
1961, or
prohibited by the Illinois Controlled |
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| Substances Act, or the Cannabis
Control Act, or used in the |
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| commission of an inchoate offense
relative to any of the |
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| aforesaid principal offenses, or any real property
erected, |
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| established, maintained, owned, leased, or used by a streetgang |
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| for
the purpose of conducting streetgang related activity as |
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| defined in Section 10
of the Illinois Streetgang Terrorism |
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| Omnibus Prevention Act is a public
nuisance.
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| (a-5) Any business conducted that: (1) violates a public |
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| right; (2) produces a common injury; (3) obstructs a public |
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| right; and (4) causes a public annoyance and any building used |
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| in the conduct of that business is a public nuisance. For the |
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| purposes of this subsection (a-5), the number of persons |
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| annoyed by the activities of the business is not a |
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| determinative factor as to whether the activities constitute a |
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| public nuisance but the possibility of annoyance to the public |
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| by the invasion of its rights. An activity may constitute a |
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| public nuisance if it injures the public generally who may be |
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| so circumstanced as to come within its influence.
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| (b) Sentence. A person convicted of knowingly maintaining |
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| such a public
nuisance commits a Class A misdemeanor. Each |