Full Text of HB1633 101st General Assembly
HB1633ham002 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 1633
| 2 | | AMENDMENT NO. ______. Amend House Bill 1633 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 8-2 and 21-8 and by adding Sections 2-5.05 | 6 | | and 21-1.05 as follows: | 7 | | (720 ILCS 5/2-5.05 new) | 8 | | Sec. 2-5.05. Critical infrastructure facility. | 9 | | "Critical infrastructure facility" means: | 10 | | (1) any one of the following, if completely enclosed by | 11 | | a fence or other physical barrier that is obviously | 12 | | designed to exclude intruders, or if clearly marked with a | 13 | | sign or signs that are posted on the property that are | 14 | | reasonably likely to come to the attention of intruders and | 15 | | indicate that entry is forbidden without site | 16 | | authorization: |
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| 1 | | (A) petroleum or alumina refinery; | 2 | | (B) electrical power generating facility, | 3 | | substation, switching station, electrical control | 4 | | center, or electric power lines, and associated | 5 | | equipment infrastructure; | 6 | | (C) chemical, polymer, or rubber manufacturing | 7 | | facility; | 8 | | (D) water intake structure, water treatment | 9 | | facility, wastewater treatment plant, or pump station; | 10 | | (E) natural gas compressor station; | 11 | | (F) liquid natural gas terminal or storage | 12 | | facility; | 13 | | (G) telecommunications central switching office; | 14 | | (H) wireless telecommunications infrastructure, | 15 | | including cell towers, telephone poles and lines, | 16 | | including fiber optic lines; | 17 | | (I) port, railroad switching yard, railroad | 18 | | tracks, trucking terminal, or other freight | 19 | | transportation facility; | 20 | | (J) gas processing plant, including a plant used in | 21 | | the processing, treatment or fractionation of natural | 22 | | gas or natural gas liquids; | 23 | | (K) transmission facility used by a federally | 24 | | licensed radio or television station; | 25 | | (L) steelmaking facility; | 26 | | (M) facility identified and regulated by the |
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| 1 | | United States Department of Homeland Security Chemical | 2 | | Facility Anti-Terrorism Standards (CFATS) program; | 3 | | (N) dam that is regulated by the State or federal | 4 | | government; | 5 | | (O) natural gas distribution utility facility | 6 | | including, but not limited to, pipeline | 7 | | interconnections, a city gate or town border station, | 8 | | metering station, aboveground piping, regulator | 9 | | station, or natural gas storage facility; | 10 | | (P) crude oil or refined products storage and | 11 | | distribution facility including, but not limited to, | 12 | | valve sites, pipeline interconnections, pump station, | 13 | | metering station, below or aboveground pipeline or | 14 | | piping, or truck loading or off-loading facility; | 15 | | (Q) nuclear facility as defined in Section 3 of the | 16 | | Illinois Nuclear Safety Preparedness Act; | 17 | | (R) facility of the United States Department of | 18 | | Defense for which the State has concurrent | 19 | | jurisdiction; | 20 | | (S) military base of the United States Armed | 21 | | Forces, including a National Guard base, for which the | 22 | | State has concurrent or exclusive jurisdiction; | 23 | | (T) coal mines; or | 24 | | (U) any mining operation, including any processing | 25 | | equipment, batching operation, or support facility for | 26 | | that mining operation; or |
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| 1 | | (2) any aboveground portion of an oil, gas, hazardous | 2 | | liquid or chemical pipeline, tank, railroad facility, or | 3 | | other storage facility that is enclosed by a fence, other | 4 | | physical barrier, or is clearly marked with signs | 5 | | prohibiting trespassing, that are obviously designed to | 6 | | exclude intruders.
| 7 | | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
| 8 | | Sec. 8-2. Conspiracy. | 9 | | (a) Elements of the offense.
A person commits the offense | 10 | | of conspiracy when, with intent that an offense be
committed, | 11 | | he or she agrees with another to the commission of that | 12 | | offense. No
person may be convicted of conspiracy to commit an | 13 | | offense unless an act in
furtherance of that agreement is | 14 | | alleged and proved to have been committed
by him or her or by a | 15 | | co-conspirator.
| 16 | | (b) Co-conspirators. It is not a defense to conspiracy that | 17 | | the person or persons with
whom the accused is alleged to have | 18 | | conspired:
| 19 | | (1) have not been prosecuted or convicted,
| 20 | | (2) have been convicted of a different offense,
| 21 | | (3) are not amenable to justice,
| 22 | | (4) have been acquitted, or
| 23 | | (5) lacked the capacity to commit an offense.
| 24 | | (c) Sentence.
| 25 | | (1) Except as otherwise provided in this subsection or |
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| 1 | | Code, a person convicted of conspiracy to commit: | 2 | | (A) a Class X felony shall be sentenced for a Class | 3 | | 1 felony; | 4 | | (B) a Class 1 felony shall be sentenced for a Class | 5 | | 2 felony; | 6 | | (C) a Class 2 felony shall be sentenced for a Class | 7 | | 3 felony; | 8 | | (D) a Class 3 felony shall be sentenced for a Class | 9 | | 4 felony; | 10 | | (E) a Class 4 felony shall be sentenced for a Class | 11 | | 4 felony; and | 12 | | (F) a misdemeanor may be fined or imprisoned or | 13 | | both not to exceed the maximum provided for the offense | 14 | | that is the object of the conspiracy. | 15 | | (2) A person convicted of conspiracy to commit any of | 16 | | the following offenses shall be sentenced for a Class X | 17 | | felony: | 18 | | (A) aggravated insurance fraud conspiracy when the | 19 | | person is an organizer of the conspiracy (720 ILCS | 20 | | 5/46-4); or | 21 | | (B) aggravated governmental entity insurance fraud | 22 | | conspiracy when the person is an organizer of the | 23 | | conspiracy (720 ILCS 5/46-4). | 24 | | (3) A person convicted of conspiracy to commit any of | 25 | | the following offenses shall be sentenced for a Class 1 | 26 | | felony: |
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| 1 | | (A) first degree murder (720 ILCS 5/9-1); or | 2 | | (B) aggravated insurance fraud (720 ILCS 5/46-3) | 3 | | or aggravated governmental insurance fraud (720 ILCS | 4 | | 5/46-3). | 5 | | (4) A person convicted of conspiracy to commit | 6 | | insurance fraud (720 ILCS 5/46-3) or governmental entity | 7 | | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | 8 | | Class 2 felony. | 9 | | (5) A person convicted of conspiracy to commit any of | 10 | | the following offenses shall be sentenced for a Class 3 | 11 | | felony: | 12 | | (A) soliciting for a prostitute (720 ILCS | 13 | | 5/11-14.3(a)(1)); | 14 | | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | 15 | | 5/11-14.3(a)(2)(B)); | 16 | | (C) keeping a place of prostitution (720 ILCS | 17 | | 5/11-14.3(a)(1)); | 18 | | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); | 19 | | (E) unlawful use of weapons under Section | 20 | | 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | 21 | | (F) unlawful use of weapons under Section | 22 | | 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | 23 | | (G) gambling (720 ILCS 5/28-1); | 24 | | (H) keeping a gambling place (720 ILCS 5/28-3); | 25 | | (I) registration of federal gambling stamps | 26 | | violation (720 ILCS 5/28-4); |
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| 1 | | (J) look-alike substances violation (720 ILCS | 2 | | 570/404); | 3 | | (K) miscellaneous controlled substance violation | 4 | | under Section 406(b) (720 ILCS 570/406(b)); or | 5 | | (L) an inchoate offense related to any of the | 6 | | principal offenses set forth in this item (5).
| 7 | | (6) A business, corporation, or organization convicted | 8 | | of conspiracy to commit criminal damage to a critical | 9 | | infrastructure facility, criminal trespass to a critical | 10 | | infrastructure facility, or aggravated criminal trespass | 11 | | to a critical infrastructure facility shall, in addition to | 12 | | any other applicable penalty, be sentenced to a fine of not | 13 | | less than 10 times the minimum fine authorized for the | 14 | | offense. A business, corporation, or organization may be | 15 | | liable for conspiracy to commit criminal damage to a | 16 | | critical infrastructure facility, criminal trespass to a | 17 | | critical infrastructure facility, or aggravated criminal | 18 | | trespass to a critical infrastructure facility if the | 19 | | business, corporation, or organization intentionally | 20 | | sponsors, funds, or pays for an individual who causes | 21 | | substantial harm through the commission of any of those | 22 | | offenses. | 23 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
| 24 | | (720 ILCS 5/21-1.05 new) | 25 | | Sec. 21-1.05. Criminal damage to a critical infrastructure |
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| 1 | | facility. | 2 | | (a) A person commits criminal damage to a critical | 3 | | infrastructure facility when he or she intentionally damages, | 4 | | destroys, or tampers with equipment in a critical | 5 | | infrastructure facility. | 6 | | (b) A person may be liable in any civil action for money | 7 | | damages to the owner of the critical infrastructure facility | 8 | | for any damage resulting from the offense. A person may also be | 9 | | liable to the owner for court costs and reasonable attorney's | 10 | | fees. | 11 | | (b-5) This Section does not apply to a contractor who has a | 12 | | contractual relationship with a critical infrastructure | 13 | | facility and the contractor's employees are acting within their | 14 | | scope of employment performing work at a critical | 15 | | infrastructure facility. | 16 | | (c) Sentence. Criminal damage to a critical infrastructure | 17 | | facility is a Class 3 felony punishable by a fine of $100,000, | 18 | | imprisonment, or both.
| 19 | | (720 ILCS 5/21-8)
| 20 | | Sec. 21-8. Criminal trespass to a critical infrastructure | 21 | | nuclear facility ; aggravated criminal trespass to a critical | 22 | | infrastructure facility .
| 23 | | (a) A person commits criminal trespass to a critical | 24 | | infrastructure nuclear facility
when he or she
intentionally | 25 | | knowingly and without lawful authority:
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| 1 | | (1) enters or remains within a critical infrastructure | 2 | | nuclear facility or on the grounds of a
critical | 3 | | infrastructure nuclear
facility, after receiving notice | 4 | | before entry that entry to the critical infrastructure | 5 | | nuclear
facility is
forbidden;
| 6 | | (2) remains within the critical infrastructure | 7 | | facility or on the grounds of the facility after
receiving | 8 | | notice from the owner or manager of the facility or other | 9 | | person
authorized by the owner or manager of the facility | 10 | | to give that notice to
depart from
the facility or grounds | 11 | | of the facility; or
| 12 | | (3) enters or remains within a critical infrastructure | 13 | | nuclear facility or on the grounds of a
critical | 14 | | infrastructure nuclear
facility, by presenting false | 15 | | documents or falsely representing his or her identity | 16 | | orally to the owner or manager of the facility. This | 17 | | paragraph (3) does not apply to a peace officer or other | 18 | | official of a unit of government who enters or remains in | 19 | | the facility in the performance of his or her official | 20 | | duties.
| 21 | | (a-5) A person commits aggravated criminal trespass to a | 22 | | critical infrastructure facility when he or she violates | 23 | | subsection (a) of this Section with the intent to damage, | 24 | | destroy, or tamper with equipment of the facility, or impede or | 25 | | inhibit operations of the facility. | 26 | | (b) A person has received notice from the owner or manager |
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| 1 | | of the
facility or other person authorized by the owner or | 2 | | manager of the
facility within the meaning of paragraphs (1) | 3 | | and (2) of subsection (a) if he or she has been
notified | 4 | | personally, either orally or in writing,
or if a printed or | 5 | | written notice forbidding the entry has
been conspicuously | 6 | | posted or exhibited at the main entrance to the
facility or | 7 | | grounds of the facility or the forbidden part of the
facility.
| 8 | | (b-5) A person may be liable in any civil action for money | 9 | | damages to the owner of the critical infrastructure facility | 10 | | for any damage to personal or real property of the facility | 11 | | resulting from the trespass. A person may also be liable to the | 12 | | owner for court costs and reasonable attorney's fees. | 13 | | (b-10) This Section does not apply to: | 14 | | (1) any person or
organization: | 15 | | (i) monitoring or attentive to compliance with | 16 | | public or worker safety laws, wage and hour | 17 | | requirements, or other statutory requirements; or | 18 | | (ii) picketing occurring at the workplace that is | 19 | | otherwise lawful and arises out of a bona fide labor | 20 | | dispute including any controversy concerning wages, | 21 | | salaries, hours, working conditions or benefits, | 22 | | including health and welfare, sick leave, insurance, | 23 | | and pension or retirement provisions, the managing or | 24 | | maintenance of collective bargaining agreements, and | 25 | | the terms to be included in those agreements; or | 26 | | (iii) engaged in union organizing or recruitment |
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| 1 | | activities including attempting to reach workers | 2 | | verbally, in writing with pamphlets and in the | 3 | | investigation of non-union working conditions, or | 4 | | both; or | 5 | | (2) an exercise of the
right of free speech or assembly | 6 | | that is otherwise lawful. Nothing in this amendatory Act of | 7 | | the 101st General Assembly shall be deemed to limit or | 8 | | impede the right to free speech or assembly, including, but | 9 | | not limited to, protesting and picketing. | 10 | | (b-15) This Section does not apply to a contractor who has | 11 | | a contractual relationship with a critical infrastructure | 12 | | facility and the contractor's employees are acting within their | 13 | | scope of employment performing work at a critical | 14 | | infrastructure facility. | 15 | | (c) (Blank). In this Section, "nuclear facility" has the | 16 | | meaning ascribed
to it in Section 3 of the Illinois Nuclear | 17 | | Safety Preparedness Act.
| 18 | | (d) Sentence. Criminal trespass to a critical | 19 | | infrastructure nuclear facility is a
Class 4 felony punishable | 20 | | by a fine of not less than $1,000, imprisonment, or both . | 21 | | Aggravated criminal trespass to a critical infrastructure | 22 | | facility is a Class 3 felony punishable by a fine of not less | 23 | | than $10,000, imprisonment, or both.
| 24 | | (Source: P.A. 97-1108, eff. 1-1-13.)".
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