HB4452 97TH GENERAL ASSEMBLY

LRB097 16480 MRW 61648 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4452

Introduced 1/30/2012, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

720 ILCS 5/16-1.4 new

Amends the Criminal Code of 1961. Creates the offense of possession or transportation of stolen ferrous or nonferrous metal, including but not limited to copper, HVAC components, and catalytic converters. Provides penalties from a Class C misdemeanor to a Class 2 felony. Makes it unlawful to cut, mutilate, deface, or otherwise injure personal or real property for the purpose of obtaining ferrous or nonferrous metal. Provides penalties of a Class 4 or Class 3 felony depending on the value of the property damage involved. A violation that results in disruption of communication or electrical service to critical infrastructure or for more than 10 customers of the service is a Class A misdemeanor. A violation of any provision that results in great bodily harm, permanent disability, disfigurement, or substantial risk of death to another is a Class 1 felony. A violation of any provision that results the death of another is a Class X felony. Provides exemption from civil liability for public or private owners to a person injured during or by a dangerous condition created in an offense or an attempted offense under this Section.

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 1961 is amended by adding Section 16-1.4 as follows:

(720 ILCS 5/16-1.4 new)

Sec. 16-1.4. Possession or transportation of stolen ferrous or nonferrous metal; property damage caused by obtaining ferrous or nonferrous metal; disruption of service.

(a) Possession or transportation of stolen ferrous or nonferrous metal.

(1) A person commits possession or transportation of ferrous or nonferrous metal when he or she possesses, possesses in a vehicle, or transports in a vehicle stolen ferrous or nonferrous metal, including but not limited to copper, HVAC (heating, ventilation, air-conditioning) components, and catalytic converters.

(2) A person commits possession or transportation of ferrous or nonferrous metal when he or she:

(A) transports in a vehicle ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(B) possesses in a vehicle on the highways of this State ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(C) operates a vehicle used in the ordinary course of business to transport ferrous or nonferrous metal that the person knows or reasonably should know is stolen;

(D) presents a valid or falsified permit to transport and sell ferrous or nonferrous metal that the person knows or reasonably should know is stolen; or

(E) presents a valid or falsified bill of sale for ferrous or nonferrous metal that the person knows or reasonably should know is stolen.

(b) Property damage caused by obtaining ferrous or nonferrous metal. A person commits property damage caused by obtaining ferrous or nonferrous metal when he or she knowingly cuts, mutilates, defaces, or otherwise injures any personal or real property, including any fixtures or improvements, for the purpose of obtaining ferrous or nonferrous metal in any amount.

(c) Disruption of service. A person commits disruption of service when he or she during the commission of the offense of possession or transportation of stolen ferrous or nonferrous metal or the offense of property damage caused by obtaining ferrous or nonferrous metal, he or she causes a disruption of communication or electrical service to critical infrastructure or to more than 10 customers of the communication or electrical service.

(d) Exemption from civil liability.

(1) A public or private owner of personal or real property is not civilly liable to a person who is injured during the commission or attempted commission of an offense under this Section, by the person or a third party.

(2) A public or private owner of personal or real property is not civilly liable for an injury to a person caused by a dangerous condition of the personal property or on the real property created as a result of the commission or attempted commission of an offense under this Section by the person or a third party, unless the owner of the personal or real property knew or reasonably should have known of the dangerous condition.

(3) This subsection does not create or impose a duty of care or basis of liability upon an owner of personal or real property that would not otherwise exist under common law or statute.

(e) Sentence.

(1) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(1) when the value of the stolen material is $50 or less is:

(A) a Class C misdemeanor for a first offense;

(B) a Class A misdemeanor for a second offense; and

(C) a Class 4 felony for a third or subsequent offense.

(2) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(1) when the value of the stolen material is more than $50 is:

(A) a Class A misdemeanor for a first offense;

(B) a Class 4 felony for a second offense; and

(C) a Class 3 felony for a third or subsequent offense.

(3) Except as provided in paragraphs (6) and (7) of this subsection, a violation of paragraph (a)(2) is a Class 2 felony.

(4) Except as provided in paragraphs (6) and (7) of this subsection, a violation of subsection (b) is:

(A) a Class 4 felony, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than $5,000; and

(B)a Class 3 felony, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is $5,000 or more.

(5) Except as provided in paragraphs (6) and (7) of this subsection, a violation of subsection (c) is a Class A misdemeanor.

(6) A violation of this Section which results in great bodily harm, permanent disability, disfigurement, or a substantial risk of death to another person is a Class 1 felony.

(7) A violation of this Section which results in the death of another person is a Class X felony.