(740 ILCS 95/0.01)

(from Ch. 111 2/3, par. 1500)

Sec. 0.01.

Short title.

This Act may be cited as the

Interference With Utility Services Act.

(Source: P.A. 86‑1324.)

(740 ILCS 95/1)

(from Ch. 111 2/3, par. 1501)

Sec. 1.

Any person who unlawfully interferes with public utility services shall be liable to the utility company in a civil action for damages treble the amount of the actual damages based on loss of revenue because of that person's conduct, including the cost of employees, equipment, material, disconnection, reconnection, service calls, investigating the matter, expert witnesses, attorneys fees and court costs. In the event a judgment is entered in favor of the utility company in any civil action brought pursuant to this Act, then the court shall specifically consider exemplary damages and injunctive relief as may be appropriate.

(Source: P.A. 86‑379.)

(740 ILCS 95/2)

(from Ch. 111 2/3, par. 1502)

Sec. 2.

For purposes of this Act the following terms have the following meanings:

(1) "Public utility services" means any gas or electric service furnished by a public utility which is subject to regulation by the Illinois Commerce Commission; any gas or electric service furnished by a public utility that is owned by any political subdivision or municipal corporation of this State; and any electric service furnished by an electric cooperative as defined in Section 3.4 of the Electric Supplier Act, as now or hereafter amended.

(2) "Unlawfully interferes" means a person knowingly, without the consent of the owner of public utility services, impairs, interrupts or diverts, or causes to be impaired, interrupted or diverted in whole or in part, any public utility services, or installs or removes any device for the purpose of impairing, interrupting or diverting such services.

(Source: P.A. 86‑379.)

(740 ILCS 95/3)

(from Ch. 111 2/3, par. 1503)

Sec. 3.

Any amounts collected from a person found liable pursuant to this Act in excess of actual damages as provided in Section 1, shall be retained by the utility and used to offset any shortfall incurred by the utility under the Energy Assistance Act, as now or hereafter amended.

(Source: P.A. 86‑379.)

(740 ILCS 95/4)

(from Ch. 111 2/3, par. 1504)

Sec. 4.

The rebuttable presumption provided in subsection (c) of Section 16‑14 of the Criminal Code of 1961, as now or hereafter amended, shall be fully applicable to all causes of actions brought pursuant to this Act. The presumption provided shall only shift the burden of going forward with evidence, and shall in no event shift the burden of proof to the defendant. Any evidence of a judgment entered based on a finding of guilt, plea of guilty or stipulation of guilt in a criminal cause of action brought pursuant to Section 16‑14 of the Criminal Code of 1961, as now or hereafter amended, shall be admissible in any civil action brought pursuant to this Act to prove any fact essential to sustaining a judgment. The pendency of an appeal may be shown but does not affect the admissibility of evidence under this Section.

(Source: P.A. 91‑357, eff. 7‑29‑99.)