HB3838 100TH GENERAL ASSEMBLY

LRB100 09729 RLC 19898 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3838

Introduced , by Rep. Michael Halpin

SYNOPSIS AS INTRODUCED:

5 ILCS 5/21-8.5 new

Amends the Criminal Code of 2012. Creates the offense of criminal trespass to a critical infrastructure facility. Provides that a person commits the offense when he or she knowingly: (1) operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or (2) allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility. Provides exemptions. Defines "critical infrastructure facility". Provides that a violation is a Class A misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 21-8.5 as follows:

(5 ILCS 5/21-8.5 new)

Sec. 21-8.5. Criminal trespass to a critical infrastructure facility.

(a) As used in this Section, "critical infrastructure facility" means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

(1) a petroleum or alumina refinery;

(2) an electrical power generating facility, substation, switching station or electrical control center;

(3) a chemical, polymer or rubber manufacturing facility;

(4) a water intake structure, water treatment facility, wastewater treatment plant or pump station;

(5) a natural gas compressor station;

(6) a liquid natural gas terminal or storage facility;

(7) a telecommunications central switching office;

(8) a port, railroad switching yard, trucking terminal or other freight transportation facility;

(9) a gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

(10) a transmission facility used by a federally licensed radio or television station;

(11) a steelmaking facility that uses an electric arc furnace to make steel;

(12) a dam that is classified as a high hazard by the Illinois Emergency Management Agency;

(13) any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

(14) a correctional facility or law enforcement facility.

(b) Except as provided in subsection (c) of this Section, a person commits criminal trespass to a critical infrastructure facility when he or she knowingly:

(1) operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

(2) allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

(c) This Section does not apply to:

(1) The federal government.

(2) A public body.

(3) A law enforcement agency.

(4) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

(5) An owner or operator of the critical infrastructure facility.

(6) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

(7) The owner or occupant of the property on which the critical infrastructure facility is located.

(8) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

(9) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.

(d) Sentence. Criminal trespass to a critical infrastructure facility is a Class A misdemeanor.