Judiciary II - Criminal Law Committee
Filed: 03/04/04
 
 

 




 

 		












09300HB4650ham001

LRB093 18964 RLC 46969 a






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AMENDMENT TO HOUSE BILL 4650





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    AMENDMENT NO. ____. Amend House Bill 4650 as follows:

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by replacing the title with the following:

 

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    "AN ACT in relation to criminal law."; and

 

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by replacing everything after the enacting clause with the 
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following:

 
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    "Section 5.  The Criminal Code of 1961 is amended by 
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changing Section 12-5.1
as follows:


 



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    (720 ILCS 5/12-5.1)
  (from Ch. 38, par. 12-5.1)



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    Sec. 12-5.1. Criminal housing management. 

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    (a) A person commits the offense of criminal housing 
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management when,
having personal management or control of 
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residential real estate, whether
as a legal or equitable owner 
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or as a managing
agent or otherwise, he recklessly permits the 
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physical condition or
facilities of the residential real estate

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to become or remain in any condition which endangers the health 
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or safety
of any person.

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    (a-5) Whenever, under any agreement, either written or 
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verbal, a landlord
or his or her agent charges a tenant for any 
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water, gas, or electrical service
and the tenant pays the 
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landlord for the utility service and the landlord or
his or her 
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agent does not pay the utility company for the service and the

 


 






09300HB4650ham001
- 2 -
LRB093 18964 RLC 46969 a




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utility company terminates service and as a result of the 
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termination of
utility service, the landlord knows or 
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reasonably should know that the health
or safety of the tenant 
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is endangered, the landlord is guilty of the offense of

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criminal housing management.

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    (a-6) In this Section:

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    "Agreement" includes leases, oral agreements, and any 
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other understandings or
contracts reached between a landlord 
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and a tenant.

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    "Landlord" includes the owner of a building, the owner's 
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agent, and the
lessor
of a building.

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    "Tenant" includes occupants of a building or mobile home, 
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whether under a
lease or periodic tenancy.

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    "Utility company" includes all suppliers of utility 
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service, including
municipalities.

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    "Utility service" includes electric, gas, water, or 
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sanitary utility service
rendered by a utility company to a 
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tenant at a specific location.

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    (b) Sentence.

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    Criminal housing management is a Class A misdemeanor.  A 
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subsequent
conviction for a violation of subsection (a) or 
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(a-5) is a Class 4 felony.

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(Source: P.A. 85-341.)".