HB4746 103RD GENERAL ASSEMBLY

LRB103 38244 RLC 68379 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4746

Introduced 2/6/2024, by Rep. Patrick Windhorst

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 21.4 heading new
720 ILCS 5/21.4-1 new
720 ILCS 5/21.4-2 new
720 ILCS 5/21.4-3 new
720 ILCS 5/21.4-5 new
720 ILCS 5/21.4-6 new
720 ILCS 5/21.4-7 new

Amends the Criminal Code of 2012. Creates the Critical Infrastructure Protection Law Article within the Code. Defines "critical infrastructure facility". Provides for criminal penalties, based upon the value of the property, for knowingly damaging, destroying, vandalizing, defacing, tampering with, or stealing equipment or assets of or in a critical infrastructure facility. Provides that any person who violates the Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages. Provides that any person or entity that compensates, provides consideration to, or remunerates a person for property stolen in violation of the Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages. Provides that it is an affirmative defense to this provision that the defendant was a bona fide purchaser for value who did not know, or have reason to know, that the property was stolen. Provides that, with exceptions, all items of personal property that are used, have been used, or are intended for use, in perpetration of theft or damage to a critical infrastructure facility are subject to forfeiture.

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 adding Article 21.4 as follows:

(720 ILCS 5/Art. 21.4 heading new)

ARTICLE 21.4. CRITICAL INFRASTRUCTURE PROTECTION LAW

(720 ILCS 5/21.4-1 new)

Sec. 21.4-1. Short title. This Article may be cited as Critical Infrastructure Protection Law.

(720 ILCS 5/21.4-2 new)

Sec. 21.4-2. Definitions. In this Article:

"Critical infrastructure facility" means one of the following:

(1) a petroleum or alumina refinery;

(2) an electrical power generating facility, substation, switching station, electrical control center, or electric power lines and associated equipment infrastructure;

(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) wireline and wireless communications infrastructure;

(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 or natural gas liquids;

(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 facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program;

(13) a dam that is regulated by the State or federal government;

(14) a natural gas distribution utility facility, including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, below-or above-ground pipeline or piping and truck loading or offloading facility, a natural gas storage facility, a natural gas transmission facility, or a natural gas utility distribution facility;

(15) a crude oil or refined products storage and distribution facility, including, but not limited to, a valve site, pipeline interconnection, pump station, metering station, below-or above-ground pipeline or piping, and truck loading or offloading facility;

(16) a military facility, including a national guard facility and equipment storage area where non-military personnel are prohibited;

(17) a Department of Transportation facility and a location near or on a roads or highway where the public is prohibited;

(18) a health care facility ;

(19) any above-ground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, or other storage facility that is enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders; or

(20) a commercial service airport as defined by the Federal Aviation Administration.

(720 ILCS 5/21.4-3 new)

Sec. 21.4-3. Criminal offenses; conspiracy; receipt of stolen property; felonies; misdemeanors; fines; imprisonment.

(a) Any person who knowingly damages, destroys, vandalizes, defaces, tampers with, or steals equipment or assets of or in a critical infrastructure facility (including copper or other valuable metal) is guilty of a Class 4 felony if the value of the property is under $500, a Class 3 felony if the value of the property is between $500 and $10,000, and a Class 2 felony if the value of the property exceeds $10,000 and, upon conviction for the offense, shall be fined not less than $5,000 nor more than $20,000.

(b) Any person who conspires with any person to violate this Article is guilty of a Class 3 felony and, upon conviction for the offense, shall be fined not less than $5,000 nor more than $10,000.

(c) Any person who receives stolen property, including copper or other valuable metal, who knows or has reason to know that it has been stolen from a critical infrastructure facility, is guilty of a Class 4 felony if the value of the property is under $500, a Class 3 felony if the value of the property is between $500 and $10,000, and a Class 2 felony for any amount over $10,000 and, upon conviction for the offense, shall be fined not less than $5,000 nor more than $10,000.

(720 ILCS 5/21.4-5 new)

Sec. 21.4-5. Civil liability.

(a) Any person who violates this Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages.

(b) Any person or entity that compensates, provides consideration to, or remunerates a person for property stolen in violation of this Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages. It is an affirmative defense to this subsection (b) that the defendant was a bona fide purchaser for value who did not know, or have reason to know, that the property was stolen.

(720 ILCS 5/21.4-6 new)

Sec. 21.4-6. Forfeiture.

(a) All items of personal property that are used, have been used, or are intended for use, in perpetration of theft or damage to a critical infrastructure facility are subject to forfeiture. This forfeiture includes all conveyances, including aircraft, vehicles, or vessels, except that:

(1) a conveyance used by any person as a common carrier in the transaction of business as a common carrier may not be forfeited under this Section unless it appears that the person owning the conveyance is a consenting party or privy to a violation of this Article;

(2) a conveyance may not be forfeited under the provisions of this Article if the person owning the conveyance establishes that he or she neither knew nor had reason to know that the conveyance was being employed or was likely to be employed in a violation of this Article; or

(3) a bona fide security interest or other valid lien in any conveyance may not be forfeited under the provisions of this Article, unless the State proves by a preponderance of the evidence that the holder of the security interest or lien either knew or had reason to know that the conveyance was being used or was likely to be used in a violation of this Article.

(b) All procedures relating to the seizure and disposition of property subject to forfeiture under this Article shall be governed by the same provisions applicable to the seizure and disposition of property under the Drug Asset Forfeiture Procedure Act.

(720 ILCS 5/21.4-7 new)

Sec. 21.4-7. Exceptions. The provisions of this Article do not apply to:

(1) any person or organization monitoring or attentive to compliance with public or worker safety laws, or, wage and hour requirements;

(2) the right to free speech or assembly, including, but not limited to, protesting and picketing;

(3) the owner of a critical infrastructure facility and its affiliates, directors, officers, employees, contractors, subcontractors, or other persons affiliated those persons, acting within the scope of the person's employment or agency.