Full Text of HB1633 101st General Assembly
HB1633eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 21-8 and by adding Sections 2-5.05 and 21-1.05 as | 6 | | 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: | 17 | | (A) petroleum or alumina refinery; | 18 | | (B) electrical power generating facility, | 19 | | substation, switching station, electrical control | 20 | | center, or electric power lines, and associated | 21 | | equipment infrastructure; | 22 | | (C) chemical, polymer, or rubber manufacturing | 23 | | facility; |
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| 1 | | (D) water intake structure, water treatment | 2 | | facility, wastewater treatment plant, or pump station; | 3 | | (E) natural gas compressor station; | 4 | | (F) liquid natural gas terminal or storage | 5 | | facility; | 6 | | (G) telecommunications central switching office; | 7 | | (H) wireless telecommunications infrastructure, | 8 | | including cell towers, telephone poles and lines, | 9 | | including fiber optic lines; | 10 | | (I) port, railroad switching yard, railroad | 11 | | tracks, trucking terminal, or other freight | 12 | | transportation facility; | 13 | | (J) gas processing plant, including a plant used in | 14 | | the processing, treatment or fractionation of natural | 15 | | gas or natural gas liquids; | 16 | | (K) transmission facility used by a federally | 17 | | licensed radio or television station; | 18 | | (L) steelmaking facility; | 19 | | (M) facility identified and regulated by the | 20 | | United States Department of Homeland Security Chemical | 21 | | Facility Anti-Terrorism Standards (CFATS) program; | 22 | | (N) dam that is regulated by the State or federal | 23 | | government; | 24 | | (O) natural gas distribution utility facility | 25 | | including, but not limited to, pipeline | 26 | | interconnections, a city gate or town border station, |
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| 1 | | metering station, aboveground piping, regulator | 2 | | station, or natural gas storage facility; | 3 | | (P) crude oil or refined products storage and | 4 | | distribution facility including, but not limited to, | 5 | | valve sites, pipeline interconnections, pump station, | 6 | | metering station, below or aboveground pipeline or | 7 | | piping, or truck loading or off-loading facility; | 8 | | (Q) nuclear facility as defined in Section 3 of the | 9 | | Illinois Nuclear Safety Preparedness Act; | 10 | | (R) facility of the United States Department of | 11 | | Defense for which the State has concurrent | 12 | | jurisdiction; | 13 | | (S) military base of the United States Armed | 14 | | Forces, including a National Guard base, for which the | 15 | | State has concurrent or exclusive jurisdiction; | 16 | | (T) coal mines; or | 17 | | (U) any mining operation, including any processing | 18 | | equipment, batching operation, or support facility for | 19 | | that mining operation; or | 20 | | (2) any aboveground portion of an oil, gas, hazardous | 21 | | liquid or chemical pipeline, tank, railroad facility, or | 22 | | other storage facility that is enclosed by a fence, other | 23 | | physical barrier, or is clearly marked with signs | 24 | | prohibiting trespassing, that are obviously designed to | 25 | | exclude intruders. |
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| 1 | | (720 ILCS 5/21-1.05 new) | 2 | | Sec. 21-1.05. Criminal damage to a critical infrastructure | 3 | | facility. | 4 | | (a) A person commits criminal damage to a critical | 5 | | infrastructure facility when he or she intentionally damages, | 6 | | destroys, or tampers with equipment in a critical | 7 | | infrastructure facility. | 8 | | (b) 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 resulting from the offense. A person may also be | 11 | | liable to the owner for court costs and reasonable attorney's | 12 | | fees. | 13 | | (b-5) This Section does not apply to a contractor who has a | 14 | | contractual relationship with a critical infrastructure | 15 | | facility and the contractor's employees are acting within their | 16 | | scope of employment performing work at a critical | 17 | | infrastructure facility. | 18 | | (c) Sentence. Criminal damage to a critical infrastructure | 19 | | facility is a Class 3 felony punishable by a fine of $100,000, | 20 | | imprisonment, or both.
| 21 | | (720 ILCS 5/21-8)
| 22 | | Sec. 21-8. Criminal trespass to a critical infrastructure | 23 | | nuclear facility ; aggravated criminal trespass to a critical | 24 | | infrastructure facility .
| 25 | | (a) A person commits criminal trespass to a critical |
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| 1 | | infrastructure nuclear facility
when he or she
intentionally | 2 | | knowingly and without lawful authority:
| 3 | | (1) enters or remains within a critical infrastructure | 4 | | nuclear facility or on the grounds of a
critical | 5 | | infrastructure nuclear
facility, after receiving notice | 6 | | before entry that entry to the critical infrastructure | 7 | | nuclear
facility is
forbidden;
| 8 | | (2) remains within the critical infrastructure | 9 | | facility or on the grounds of the facility after
receiving | 10 | | notice from the owner or manager of the facility or other | 11 | | person
authorized by the owner or manager of the facility | 12 | | to give that notice to
depart from
the facility or grounds | 13 | | of the facility; or
| 14 | | (3) enters or remains within a critical infrastructure | 15 | | nuclear facility or on the grounds of a
critical | 16 | | infrastructure nuclear
facility, by presenting false | 17 | | documents or falsely representing his or her identity | 18 | | orally to the owner or manager of the facility. This | 19 | | paragraph (3) does not apply to a peace officer or other | 20 | | official of a unit of government who enters or remains in | 21 | | the facility in the performance of his or her official | 22 | | duties.
| 23 | | (a-5) A person commits aggravated criminal trespass to a | 24 | | critical infrastructure facility when he or she violates | 25 | | subsection (a) of this Section with the intent to damage, | 26 | | destroy, or tamper with equipment of the facility, or impede or |
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| 1 | | inhibit operations of the facility. | 2 | | (b) A person has received notice from the owner or manager | 3 | | of the
facility or other person authorized by the owner or | 4 | | manager of the
facility within the meaning of paragraphs (1) | 5 | | and (2) of subsection (a) if he or she has been
notified | 6 | | personally, either orally or in writing,
or if a printed or | 7 | | written notice forbidding the entry has
been conspicuously | 8 | | posted or exhibited at the main entrance to the
facility or | 9 | | grounds of the facility or the forbidden part of the
facility.
| 10 | | (b-5) A person may be liable in any civil action for money | 11 | | damages to the owner of the critical infrastructure facility | 12 | | for any damage to personal or real property of the facility | 13 | | resulting from the trespass. A person may also be liable to the | 14 | | owner for court costs and reasonable attorney's fees. | 15 | | (b-10) This Section does not apply to: | 16 | | (1) any person or
organization: | 17 | | (i) monitoring or attentive to compliance with | 18 | | public or worker safety laws, wage and hour | 19 | | requirements, or other statutory requirements; or | 20 | | (ii) picketing occurring at the workplace that is | 21 | | otherwise lawful and arises out of a bona fide labor | 22 | | dispute including any controversy concerning wages, | 23 | | salaries, hours, working conditions or benefits, | 24 | | including health and welfare, sick leave, insurance, | 25 | | and pension or retirement provisions, the managing or | 26 | | maintenance of collective bargaining agreements, and |
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| 1 | | the terms to be included in those agreements; or | 2 | | (iii) engaged in union organizing or recruitment | 3 | | activities including attempting to reach workers | 4 | | verbally, in writing with pamphlets and in the | 5 | | investigation of non-union working conditions, or | 6 | | both; or | 7 | | (2) an exercise of the
right of free speech or assembly | 8 | | that is otherwise lawful. Nothing in this amendatory Act of | 9 | | the 101st General Assembly shall be deemed to limit or | 10 | | impede the right to free speech or assembly, including, but | 11 | | not limited to, protesting and picketing. | 12 | | (b-15) This Section does not apply to a contractor who has | 13 | | a contractual relationship with a critical infrastructure | 14 | | facility and the contractor's employees are acting within their | 15 | | scope of employment performing work at a critical | 16 | | infrastructure facility. | 17 | | (c) (Blank). In this Section, "nuclear facility" has the | 18 | | meaning ascribed
to it in Section 3 of the Illinois Nuclear | 19 | | Safety Preparedness Act.
| 20 | | (d) Sentence. Criminal trespass to a critical | 21 | | infrastructure nuclear facility is a
Class 4 felony punishable | 22 | | by a fine of not less than $1,000, imprisonment, or both . | 23 | | Aggravated criminal trespass to a critical infrastructure | 24 | | facility is a Class 3 felony punishable by a fine of not less | 25 | | than $10,000, imprisonment, or both.
| 26 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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