2023 Illinois Compiled Statutes › Chapter 740 - CIVIL LIABILITIES › 740 ILCS 95/ - Interference With Utility Services Act.

(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 prior to its repeal by Public Act 97-597 (effective January 1, 2012),
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 2012 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. 97-1150, eff. 1-25-13.)