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| Public Act 095-0323 |
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AN ACT concerning criminal law.
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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 | ||||
Section 16-14 as follows:
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(720 ILCS 5/16-14) (from Ch. 38, par. 16-14)
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Sec. 16-14. (a) A person commits the offense of unlawful | ||||
interference
with public utility services when he or she
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knowingly, without the consent of the
owner of the services, | ||||
impairs or interrupts any public water, gas or power
supply, | ||||
telecommunications service, wireless service, or other public | ||||
services, or diverts,
or causes to be diverted in whole or in | ||||
part, any public water, gas, or power
supply, | ||||
telecommunications service, wireless service, or other public | ||||
services, or installs or
removes any device for the purpose of | ||||
such diversion, or knowingly delays restoration of such public | ||||
services, as a result of the person's theft of wire used for | ||||
such services.
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(b) The terms "public water, gas, or power supply, or other | ||||
public services
service"
mean any service subject to regulation | ||||
by the Illinois Commerce Commission;
any service furnished by a | ||||
public utility that is owned and operated by
any political | ||||
subdivision, public institution of higher education or | ||||
municipal
corporation of this State; any service furnished by | ||
any public
utility that is owned by such political subdivision, | ||
public institution
of higher education, or municipal | ||
corporation and operated by any of its
lessees or operating | ||
agents; and any service furnished by an electric
cooperative as | ||
defined in Section 3.4 of the Electric Supplier Act; or | ||
wireless service or other service regulated by the Federal | ||
Communications Commission.
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(c) Any instrument, apparatus, or device used in obtaining | ||
utility
services without paying the full charge therefore or | ||
any meter that has been
altered, tampered with, or bypassed so | ||
as to cause a lack of measurement or
inaccurate measurement of | ||
utility services on premises controlled by the
customer or by | ||
the person using or receiving the direct benefit of utility
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service at that location shall raise a rebuttable presumption | ||
of the commission
of the offense described in subparagraph (a) | ||
by such person.
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(d) (1) A person convicted of unlawful interference with | ||
public utility
services is guilty of a Class A misdemeanor | ||
unless the offense was committed
for remuneration, in which | ||
case it is a Class 4 felony.
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(2) After a first conviction of unlawful interference with | ||
public
utility services any subsequent conviction shall be a | ||
Class 4 felony. | ||
(3) If the disruption of the public utility services or the | ||
delay in the restoration of the public utility services occurs | ||
to 10 or more customers or affects an area of more than one | ||
square mile, unlawful interference with public utility
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services is a Class 2 felony.
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(Source: P.A. 88-75.)
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