Full Text of HB1633 101st General Assembly
HB1633sam001 101ST GENERAL ASSEMBLY | Sen. Michael E. Hastings Filed: 5/28/2019
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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 21-1 and 21-8 and by adding Section 2-5.05 as | 6 | | follows: | 7 | | (720 ILCS 5/2-5.05 new) | 8 | | Sec. 2-5.05. Critical infrastructure facility. "Critical | 9 | | 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: | 13 | | (A) a petroleum or alumina refinery; | 14 | | (B) an electrical power generating facility, | 15 | | substation, switching station, electrical control | 16 | | center, or electric power lines, and associated |
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| 1 | | equipment infrastructure; | 2 | | (C) a chemical, polymer, or rubber manufacturing | 3 | | facility; | 4 | | (D) a water intake structure, water treatment | 5 | | facility, wastewater treatment plant, or pump station; | 6 | | (E) a natural gas compressor station; | 7 | | (F) a liquid natural gas terminal or storage | 8 | | facility; | 9 | | (G) a telecommunications central switching office; | 10 | | (H) a wireless telecommunications infrastructure, | 11 | | including cell towers, telephone poles and lines, | 12 | | including fiber optic lines; | 13 | | (I) a port, railroad switching yard, railroad | 14 | | tracks, trucking terminal, or other freight | 15 | | transportation facility; | 16 | | (J) a gas processing plant, including a plant used | 17 | | in the processing, treatment or fractionation of | 18 | | natural gas or natural gas liquids; | 19 | | (K) a transmission facility used by a federally | 20 | | licensed radio or television station; | 21 | | (L) a steelmaking facility; | 22 | | (M) a facility identified and regulated by the | 23 | | United States Department of Homeland Security Chemical | 24 | | Facility Anti-Terrorism Standards (CFATS) program; | 25 | | (N) a dam that is regulated by the State or federal | 26 | | government; |
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| 1 | | (O) a natural gas distribution utility facility | 2 | | including, but not limited to, pipeline | 3 | | interconnections, a city gate or town border station, | 4 | | metering station, aboveground piping, regulator | 5 | | station, or natural gas storage facility; | 6 | | (P) a crude oil or refined products storage and | 7 | | distribution facility including, but not limited to, | 8 | | valve sites, pipeline interconnections, pump station, | 9 | | metering station, below or aboveground pipeline or | 10 | | piping, or truck loading or off-loading facility or an | 11 | | aboveground pipeline that is under construction that | 12 | | is clearly marked that entry is forbidden; | 13 | | (Q) a nuclear facility as defined in Section 3 of | 14 | | the Illinois Nuclear Safety Preparedness Act; | 15 | | (R) a coal mine; or | 16 | | (S) a mining operation, including any processing | 17 | | equipment, batching operation, or support facility for | 18 | | that mining operation; or | 19 | | (2) any aboveground portion of an oil, gas, hazardous | 20 | | liquid or chemical pipeline, tank, railroad facility, or | 21 | | other storage facility that is enclosed by a fence, or | 22 | | other physical barrier. | 23 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 24 | | Sec. 21-1. Criminal damage to property.
| 25 | | (a) A person commits criminal damage to property when he or |
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| 1 | | she:
| 2 | | (1) knowingly damages any property of another;
| 3 | | (2) recklessly by means of fire or explosive damages | 4 | | property of
another;
| 5 | | (3) knowingly starts a fire on the land of another;
| 6 | | (4) knowingly injures a domestic animal of another | 7 | | without his
or her consent;
| 8 | | (5) knowingly deposits on the land or in the building | 9 | | of another any stink bomb or any offensive smelling | 10 | | compound
and thereby intends to interfere with the use by | 11 | | another of the land or
building;
| 12 | | (6) knowingly damages any property, other than as | 13 | | described in paragraph (2) of subsection (a) of
Section | 14 | | 20-1, with intent to defraud an insurer;
| 15 | | (7) knowingly shoots a firearm at any portion of a | 16 | | railroad train; | 17 | | (8) knowingly, without proper authorization, cuts, | 18 | | injures, damages, defaces, destroys, or tampers with any | 19 | | fire hydrant or any public or private fire fighting | 20 | | equipment, or any apparatus appertaining to fire fighting | 21 | | equipment; or | 22 | | (9) intentionally, without proper authorization, opens | 23 | | any fire hydrant ; or | 24 | | (10) intentionally damages, destroys, or tampers with | 25 | | equipment in a critical infrastructure facility without | 26 | | authorization from the critical infrastructure facility .
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| 1 | | (b) When the charge of criminal damage to property | 2 | | exceeding a specified
value is brought, the extent of the | 3 | | damage is an element of the offense to
be resolved by the trier | 4 | | of fact as either exceeding or not exceeding
the specified | 5 | | value.
| 6 | | (c) It is an affirmative defense to a violation of | 7 | | paragraph (1), (3), or (5) , or (10) of subsection (a) of this | 8 | | Section that the owner of the property or land damaged | 9 | | consented to the damage.
| 10 | | (d) Sentence. | 11 | | (1) A violation of subsection (a) shall have the | 12 | | following penalties: | 13 | | (A) A violation of paragraph (8) or (9) is a Class | 14 | | B misdemeanor. | 15 | | (B) A violation of paragraph (1), (2), (3), (5), or | 16 | | (6) is a Class
A misdemeanor when the damage to | 17 | | property does not exceed $500. | 18 | | (C) A violation of paragraph (1), (2), (3), (5), or | 19 | | (6) is a Class 4
felony when the damage to
property | 20 | | does not exceed $500 and the damage occurs to property | 21 | | of a school
or
place of worship or to farm equipment or | 22 | | immovable items of agricultural
production, including
| 23 | | but not
limited to grain elevators, grain bins, and | 24 | | barns or property which memorializes or honors an | 25 | | individual or group of police officers, fire fighters, | 26 | | members of the United States Armed Forces, National |
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| 1 | | Guard, or veterans. | 2 | | (D) A violation of paragraph (4) is a Class 4
| 3 | | felony when the
damage to property does not exceed | 4 | | $10,000. | 5 | | (E) A violation of paragraph (7) is a Class 4 | 6 | | felony. | 7 | | (F) A violation of paragraph (1), (2), (3), (5) or | 8 | | (6) is a Class 4 felony when the damage to property
| 9 | | exceeds $500 but does not exceed $10,000. | 10 | | (G) A violation of paragraphs (1) through (6) is a | 11 | | Class 3 felony when the damage to property exceeds $500 | 12 | | but
does not exceed $10,000 and the damage occurs to | 13 | | property of a school
or place
of worship or to farm | 14 | | equipment or immovable items of agricultural
| 15 | | production,
including
but not
limited to grain | 16 | | elevators, grain bins, and barns or property which | 17 | | memorializes or honors an individual or group of police | 18 | | officers, fire fighters, members of the United States | 19 | | Armed Forces, National Guard, or veterans. | 20 | | (H) A violation of paragraphs (1) through (6) is a | 21 | | Class 3 felony when the damage to property
exceeds | 22 | | $10,000 but does not exceed $100,000. | 23 | | (I) A violation of paragraphs (1) through (6) is a | 24 | | Class 2 felony when the damage to property exceeds | 25 | | $10,000
but does not exceed $100,000 and the damage | 26 | | occurs to property of a school
or
place of worship or |
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| 1 | | to farm equipment or immovable items
of agricultural | 2 | | production, including
but not
limited to grain | 3 | | elevators, grain bins, and barns or property which | 4 | | memorializes or honors an individual or group of police | 5 | | officers, fire fighters, members of the United States | 6 | | Armed Forces, National Guard, or veterans. | 7 | | (J) A violation of paragraphs (1) through (6) is a | 8 | | Class 2 felony when the damage to property exceeds
| 9 | | $100,000. A violation of paragraphs (1) through (6) is | 10 | | a Class 1 felony when the damage to property exceeds | 11 | | $100,000 and the damage occurs to property of
a school | 12 | | or place of worship or to farm equipment or immovable | 13 | | items
of agricultural production, including
but not
| 14 | | limited to grain elevators, grain bins, and barns or | 15 | | property which memorializes or honors an individual or | 16 | | group of police officers, fire fighters, members of the | 17 | | United States Armed Forces, National Guard, or | 18 | | veterans. | 19 | | (K) A violation of paragraph (10) is a Class 4 | 20 | | felony when the damage to property does not exceed | 21 | | $500. | 22 | | (L) A violation of paragraph (10) is a Class 3 | 23 | | felony when the damage to property exceeds $500 but | 24 | | does not exceed $10,000. | 25 | | (M) A violation of paragraph (10) is a Class 2 | 26 | | felony when the damage to property exceeds $10,000. |
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| 1 | | (1.5) A person may be liable in a civil action for | 2 | | money damages to the owner of the critical infrastructure | 3 | | facility for any damage resulting from a violation of | 4 | | paragraph (10). A person may also be liable to the owner | 5 | | for court costs and reasonable attorney's fees resulting | 6 | | from a violation of paragraph (10). | 7 | | (2) When the damage to property exceeds $10,000,
the
| 8 | | court shall impose
upon the offender a fine equal to the | 9 | | value of the damages to the property.
| 10 | | (3) In addition to any other sentence that may be | 11 | | imposed, a court shall
order any person convicted of | 12 | | criminal damage to property to perform community
service | 13 | | for not less than 30 and not more than 120 hours, if | 14 | | community service
is available in the jurisdiction
and is | 15 | | funded and approved by the county board of the county where | 16 | | the
offense was committed.
In addition, whenever any person | 17 | | is placed
on supervision for an alleged offense under this | 18 | | Section, the supervision shall
be conditioned upon the | 19 | | performance of the community service.
| 20 | | The community service requirement does not apply when | 21 | | the court imposes a sentence of
incarceration.
| 22 | | (4) In addition to any criminal penalties imposed for a | 23 | | violation of this Section, if a person is convicted of or | 24 | | placed on supervision for knowingly damaging or destroying | 25 | | crops of another, including crops intended for personal, | 26 | | commercial, research, or developmental purposes, the |
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| 1 | | person is liable in a civil action to the owner of any | 2 | | crops damaged or destroyed for money damages up to twice | 3 | | the market value of the crops damaged or destroyed. | 4 | | (5) For the purposes of this subsection (d), "farm | 5 | | equipment" means machinery
or
other equipment used in | 6 | | farming. | 7 | | (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17 .)
| 8 | | (720 ILCS 5/21-8)
| 9 | | Sec. 21-8. Criminal trespass to a critical infrastructure | 10 | | nuclear facility.
| 11 | | (a) A person commits criminal trespass to a critical | 12 | | infrastructure nuclear facility
when he or she
intentionally | 13 | | knowingly and without lawful authority , and with intent to | 14 | | damage, destroy, or tamper with equipment of the facility :
| 15 | | (1) enters or remains within a critical infrastructure | 16 | | nuclear facility or on the grounds of a
critical | 17 | | infrastructure nuclear
facility, after receiving notice | 18 | | before entry that entry to the critical infrastructure | 19 | | nuclear
facility is
forbidden;
| 20 | | (2) remains within the critical infrastructure | 21 | | facility or on the grounds of the facility after
receiving | 22 | | notice from the owner or manager of the facility or other | 23 | | person
authorized by the owner or manager of the facility | 24 | | to give that notice to
depart from
the facility or grounds | 25 | | of the facility; or
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| 1 | | (3) enters or remains within a critical infrastructure | 2 | | nuclear facility or on the grounds of a
critical | 3 | | infrastructure nuclear
facility, by presenting false | 4 | | documents or falsely representing his or her identity | 5 | | orally to the owner or manager of the facility. This | 6 | | paragraph (3) does not apply to a peace officer or other | 7 | | official of a unit of government who enters or remains in | 8 | | the facility in the performance of his or her official | 9 | | duties.
| 10 | | (a-5) In this Section, "with intent to damage, destroy, or | 11 | | tamper with equipment of the facility" means actions that | 12 | | create a serious risk for loss of human life, serious risk of | 13 | | harm to public health, or a serious risk of significant damage | 14 | | to the environment. | 15 | | (b) A person has received notice from the owner or manager | 16 | | of the
facility or other person authorized by the owner or | 17 | | manager of the
facility within the meaning of paragraphs (1) | 18 | | and (2) of subsection (a) if he or she has been
notified | 19 | | personally, either orally or in writing,
or if a printed or | 20 | | written notice forbidding the entry has
been conspicuously | 21 | | posted or exhibited at the main entrance to the
facility or | 22 | | grounds of the facility or the forbidden part of the
facility.
| 23 | | (b-5) This Section does not apply to: | 24 | | (1) any person or
organization: | 25 | | (i) monitoring or attentive to compliance with | 26 | | public or worker safety laws, wage and hour |
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| 1 | | requirements, or other statutory requirements; | 2 | | (ii) picketing occurring at the workplace that is | 3 | | otherwise lawful and arises out of a bona fide labor | 4 | | dispute including any controversy concerning wages, | 5 | | salaries, hours, working conditions or benefits, | 6 | | including health and welfare, sick leave, insurance, | 7 | | and pension or retirement provisions, the managing or | 8 | | maintenance of collective bargaining agreements, and | 9 | | the terms to be included in those agreements; or | 10 | | (iii) engaged in union organizing or recruitment | 11 | | activities including attempting to reach workers | 12 | | verbally, in writing with pamphlets and in the | 13 | | investigation of non-union working conditions, or | 14 | | both; or | 15 | | (2) an exercise of the
right of free speech or assembly | 16 | | that is otherwise lawful. Nothing in this amendatory Act of | 17 | | the 101st General Assembly shall be deemed to limit or | 18 | | impede the right to free speech or assembly, including, but | 19 | | not limited to, protesting and picketing. | 20 | | (c) (Blank). In this Section, "nuclear facility" has the | 21 | | meaning ascribed
to it in Section 3 of the Illinois Nuclear | 22 | | Safety Preparedness Act.
| 23 | | (d) Sentence. Criminal trespass to a critical | 24 | | infrastructure nuclear facility is a
Class 4 felony punishable | 25 | | by a fine of not less than $1,000, imprisonment, or both . | 26 | | (e) A person may also be liable in a civil action for money |
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| 1 | | damages to the owner of the critical infrastructure facility | 2 | | for any damage to personal or real property of the facility | 3 | | resulting from the trespass. A person may also be liable to the | 4 | | owner for court costs and reasonable attorney's fees.
| 5 | | (Source: P.A. 97-1108, eff. 1-1-13.)".
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