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Rep. Annazette Collins
Filed: 3/30/2004
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09300HB4650ham004 |
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LRB093 18964 RLC 49231 a |
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| AMENDMENT TO HOUSE BILL 4650
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| AMENDMENT NO. ____. Amend House Bill 4650, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Section 12-5.1
as follows:
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| (720 ILCS 5/12-5.1)
(from Ch. 38, par. 12-5.1)
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| Sec. 12-5.1. Criminal housing management.
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| (a) A person commits the offense of criminal housing |
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| management when,
having personal management or control of |
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| residential real estate, whether
as a legal or equitable owner |
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| or as a managing
agent or otherwise, he recklessly permits the |
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| physical condition or
facilities of the residential real estate
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| to become or remain in any condition which endangers the health |
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| or safety
of any person.
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| (a-5) A landlord, or his or her agent, commits the offense |
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| of criminal housing management when, under any agreement, |
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| whether written or verbal, the landlord or agent charges a |
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| tenant for gas, water, or electrical utility service and: |
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| 1) the landlord or agent fails to pay the utility |
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| company for the service, resulting in termination of that |
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| utility service to the tenant's residence; and |
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| (2) the termination of utility service is not corrected |
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| within 24 hours after it was terminated, unless the delay |
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09300HB4650ham004 |
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LRB093 18964 RLC 49231 a |
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| is caused by an act of God or other occurrence through no |
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| fault of the landlord or agent; and |
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| (3) the termination of utility service endangers the |
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| health or safety of the tenant or a member of the tenant's |
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| household. |
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| Nothing in this subsection (a-5) is intended to authorize |
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| the resale of water, gas, or electrical service if that resale |
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| is otherwise prohibited.
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| (a-6) In this Section:
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| "Agreement" includes leases, oral agreements, and any |
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| other understandings or
contracts reached between a landlord |
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| and a tenant.
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| "Landlord" includes the owner of a building containing 3 or |
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| more residential units, the owner's agent, and the
lessor
of a |
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| building containing 3 or more residential units.
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| "Tenant" includes occupants of a building or mobile home, |
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| whether under a
lease or periodic tenancy.
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| "Utility company" includes all suppliers of utility |
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| service, including
municipalities.
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| "Utility service" includes electric, gas, water, or |
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| sanitary utility service
rendered by a utility company to a |
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| tenant at a specific location.
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| (b) Sentence.
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| A first conviction for a violation of subsection (a)
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| Criminal housing management is a Class A misdemeanor. A |
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| subsequent
conviction for a violation of subsection (a) is a |
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| Class 4 felony. |
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| A first conviction for a violation of subsection (a-5) is a |
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| petty offense. A second conviction for a violation of |
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| subsection (a-5) is a business offense subject to a fine not to |
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| exceed $1,500. A third or subsequent conviction for a violation |
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| of subsection (a-5) is a Class A misdemeanor.
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| (Source: P.A. 85-341.)".
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