99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3935
 
Introduced , by Rep. Michael J. Zalewski
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/21-8

     Amends the Criminal Code of 2012.  Changes the offense of criminal trespass to a nuclear facility to criminal trespass to a targeted facility.  Defines "targeted facility" as: (1) a  petroleum refinery; (2) a  chemical manufacturing facility; (3) a  nuclear power electric generation facility; or (4) an electric generation facility.  Provides that a violation is a Class 4 felony.
  


LRB099 08781 RLC 28950 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3935LRB099 08781 RLC 28950 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 21-8 as follows:
 



6    (720 ILCS 5/21-8)



7    Sec. 21-8. Criminal trespass to a targeted nuclear 
8facility. 

9    (a) A person commits criminal trespass to a targeted 
10nuclear facility
when he or she
knowingly and without lawful 
11authority:


12        (1) enters or remains within a targeted nuclear 
13    facility or on the grounds of a
targeted nuclear
facility, 
14    after receiving notice before entry that entry to the 
15    targeted nuclear
facility is
forbidden;


16        (2) remains within the facility or on the grounds of 
17    the facility after
receiving notice from the owner or 
18    manager of the facility or other person
authorized by the 
19    owner or manager of the facility to give that notice to

20    depart from
the facility or grounds of the facility; or

21        (3) enters or remains within a targeted nuclear 
22    facility or on the grounds of a
targeted nuclear
facility, 
23    by presenting false documents or falsely representing his 
 
 
HB3935- 2 -LRB099 08781 RLC 28950 b

1    or her identity orally to the owner or manager of the 
2    facility.  This paragraph (3) does not apply to a peace 
3    officer or other official of a unit of government who 
4    enters or remains in the facility in the performance of his 
5    or her official duties.

6    (b) A person has received notice from the owner or manager 
7of the
facility or other person authorized by the owner or 
8manager of the
facility within the meaning of paragraphs (1) 
9and (2) of subsection (a) if he or she has been
notified 
10personally, either orally or in writing,
or if a printed or 
11written notice forbidding the entry has
been conspicuously 
12posted or exhibited at the main entrance to the
facility or 
13grounds of the facility or the forbidden part of the
facility.

14    (c) In this Section, "targeted nuclear facility" means any 
15of the following:
16        (1) a  petroleum refinery;
17        (2) a  chemical manufacturing facility;
18        (3)  a  nuclear power electric generation facility; or
19        (4)  an electric generation facility has the meaning 
20    ascribed
to it in Section 3 of the Illinois Nuclear Safety 
21    Preparedness Act.

22    (d) Sentence. Criminal trespass to a targeted nuclear 
23facility is a
Class 4 felony.

24(Source: P.A. 97-1108, eff. 1-1-13.)