HB1759 102ND GENERAL ASSEMBLY

LRB102 15237 KMF 20592 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1759

Introduced 2/17/2021, by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

720 ILCS 5/2-5.05 new
720 ILCS 5/21-1	from Ch. 38, par. 21-1
720 ILCS 5/21-8

Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees. Defines "critical infrastructure facility" and "with the intent to damage, destroy, or tamper with equipment of the facility".

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 Sections 21-1 and 21-8 and by adding Section 2-5.05 as follows:

(720 ILCS 5/2-5.05 new)

Sec. 2-5.05. Critical infrastructure facility. "Critical infrastructure facility" means:

(1) any one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:

(A) a petroleum or alumina refinery;

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

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

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

(E) a natural gas compressor station;

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

(G) a telecommunications central switching office;

(H) a wireless telecommunications infrastructure, including cell towers, telephone poles and lines, including fiber optic lines;

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

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

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

(L) a steelmaking facility;

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

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

(O) a natural gas distribution utility facility including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, aboveground piping, regulator station, or natural gas storage facility;

(P) a crude oil or refined products storage and distribution facility including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, below or aboveground pipeline or piping, or truck loading or off-loading facility or an aboveground pipeline that is under construction that is clearly marked that entry is forbidden;

(Q) a nuclear facility as defined in Section 3 of the Illinois Nuclear Safety Preparedness Act;

(R) a coal mine; or

(S) a mining operation, including any processing equipment, batching operation, or support facility for that mining operation; or

(2) any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility, or other storage facility that is enclosed by a fence, or other physical barrier.

(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)

Sec. 21-1. Criminal damage to property.

(a) A person commits criminal damage to property when he or she:

(1) knowingly damages any property of another;

(2) recklessly by means of fire or explosive damages property of another;

(3) knowingly starts a fire on the land of another;

(4) knowingly injures a domestic animal of another without his or her consent;

(5) knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building;

(6) knowingly damages any property, other than as described in paragraph (2) of subsection (a) of Section 20-1, with intent to defraud an insurer;

(7) knowingly shoots a firearm at any portion of a railroad train;

(8) knowingly, without proper authorization, cuts, injures, damages, defaces, destroys, or tampers with any fire hydrant or any public or private fire fighting equipment, or any apparatus appertaining to fire fighting equipment; or

(9) intentionally, without proper authorization, opens any fire hydrant; or

(10) intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility.

(b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value.

(c) It is an affirmative defense to a violation of paragraph (1), (3), or (5), or (10) of subsection (a) of this Section that the owner of the property or land damaged consented to the damage.

(d) Sentence.

(1) A violation of subsection (a) shall have the following penalties:

(A) A violation of paragraph (8) or (9) is a Class B misdemeanor.

(B) A violation of paragraph (1), (2), (3), (5), or (6) is a Class A misdemeanor when the damage to property does not exceed $500.

(C) A violation of paragraph (1), (2), (3), (5), or (6) is a Class 4 felony when the damage to property does not exceed $500 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.

(D) A violation of paragraph (4) is a Class 4 felony when the damage to property does not exceed $10,000.

(E) A violation of paragraph (7) is a Class 4 felony.

(F) A violation of paragraph (1), (2), (3), (5) or (6) is a Class 4 felony when the damage to property exceeds $500 but does not exceed $10,000.

(G) A violation of paragraphs (1) through (6) is a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.

(H) A violation of paragraphs (1) through (6) is a Class 3 felony when the damage to property exceeds $10,000 but does not exceed $100,000.

(I) A violation of paragraphs (1) through (6) is a Class 2 felony when the damage to property exceeds $10,000 but does not exceed $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.

(J) A violation of paragraphs (1) through (6) is a Class 2 felony when the damage to property exceeds $100,000. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members of the United States Armed Forces, National Guard, or veterans.

(K) A violation of paragraph (10) is a Class 4 felony when the damage to property does not exceed $500.

(L) A violation of paragraph (10) is a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000.

(M) A violation of paragraph (10) is a Class 2 felony when the damage to property exceeds $10,000.

(1.5) A person may be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation of paragraph (10). A person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation of paragraph (10).

(2) When the damage to property exceeds $10,000, the court shall impose upon the offender a fine equal to the value of the damages to the property.

(3) In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

The community service requirement does not apply when the court imposes a sentence of incarceration.

(4) In addition to any criminal penalties imposed for a violation of this Section, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed.

(5) For the purposes of this subsection (d), "farm equipment" means machinery or other equipment used in farming.

(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)

(720 ILCS 5/21-8)

Sec. 21-8. Criminal trespass to a critical infrastructure nuclear facility.

(a) A person commits criminal trespass to a critical infrastructure nuclear facility when he or she intentionally knowingly and without lawful authority, and with intent to damage, destroy, or tamper with equipment of the facility:

(1) enters or remains within a critical infrastructure nuclear facility or on the grounds of a critical infrastructure nuclear facility, after receiving notice before entry that entry to the critical infrastructure nuclear facility is forbidden;

(2) remains within the critical infrastructure facility or on the grounds of the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or

(3) enters or remains within a critical infrastructure nuclear facility or on the grounds of a critical infrastructure nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.

(a-5) In this Section, "with intent to damage, destroy, or tamper with equipment of the facility" means actions that create a serious risk for loss of human life, serious risk of harm to public health, or a serious risk of significant damage to the environment.

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

(b-5) This Section does not apply to:

(1) any person or organization:

(i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements;

(ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements; or

(iii) engaged in union organizing or recruitment activities including attempting to reach workers verbally, in writing with pamphlets and in the investigation of non-union working conditions, or both; or

(2) an exercise of the right of free speech or assembly that is otherwise lawful. Nothing in this amendatory Act of the 102nd General Assembly shall be deemed to limit or impede the right to free speech or assembly, including, but not limited to, protesting and picketing.

(c) (Blank). In this Section, "nuclear facility" has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.

(d) Sentence. Criminal trespass to a critical infrastructure nuclear facility is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both.

(e) A person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. A person may also be liable to the owner for court costs and reasonable attorney's fees.

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