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
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 8-2 and 21-8 and by adding Sections 2-5.05
6and 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
10of conspiracy when, with intent that an offense be committed,
11he or she agrees with another to the commission of that
12offense. No person may be convicted of conspiracy to commit an
13offense unless an act in furtherance of that agreement is
14alleged and proved to have been committed by him or her or by a
15co-conspirator.
16    (b) Co-conspirators. It is not a defense to conspiracy that
17the person or persons with whom the accused is alleged to have
18conspired:
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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1facility.
2    (a) A person commits criminal damage to a critical
3infrastructure facility when he or she intentionally damages,
4destroys, or tampers with equipment in a critical
5infrastructure facility.
6    (b) A person may be liable in any civil action for money
7damages to the owner of the critical infrastructure facility
8for any damage resulting from the offense. A person may also be
9liable to the owner for court costs and reasonable attorney's
10fees.
11    (b-5) This Section does not apply to a contractor who has a
12contractual relationship with a critical infrastructure
13facility and the contractor's employees are acting within their
14scope of employment performing work at a critical
15infrastructure facility.
16    (c) Sentence. Criminal damage to a critical infrastructure
17facility is a Class 3 felony punishable by a fine of $100,000,
18imprisonment, or both.
 
19    (720 ILCS 5/21-8)
20    Sec. 21-8. Criminal trespass to a critical infrastructure
21nuclear facility; aggravated criminal trespass to a critical
22infrastructure facility.
23    (a) A person commits criminal trespass to a critical
24infrastructure nuclear facility when he or she intentionally
25knowingly 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
22critical infrastructure facility when he or she violates
23subsection (a) of this Section with the intent to damage,
24destroy, or tamper with equipment of the facility, or impede or
25inhibit operations of the facility.
26    (b) A person has received notice from the owner or manager

 

 

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1of the facility or other person authorized by the owner or
2manager of the facility within the meaning of paragraphs (1)
3and (2) of subsection (a) if he or she has been notified
4personally, either orally or in writing, or if a printed or
5written notice forbidding the entry has been conspicuously
6posted or exhibited at the main entrance to the facility or
7grounds of the facility or the forbidden part of the facility.
8    (b-5) A person may be liable in any civil action for money
9damages to the owner of the critical infrastructure facility
10for any damage to personal or real property of the facility
11resulting from the trespass. A person may also be liable to the
12owner 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
11a contractual relationship with a critical infrastructure
12facility and the contractor's employees are acting within their
13scope of employment performing work at a critical
14infrastructure facility.
15    (c) (Blank). In this Section, "nuclear facility" has the
16meaning ascribed to it in Section 3 of the Illinois Nuclear
17Safety Preparedness Act.
18    (d) Sentence. Criminal trespass to a critical
19infrastructure nuclear facility is a Class 4 felony punishable
20by a fine of not less than $1,000, imprisonment, or both.
21Aggravated criminal trespass to a critical infrastructure
22facility is a Class 3 felony punishable by a fine of not less
23than $10,000, imprisonment, or both.
24(Source: P.A. 97-1108, eff. 1-1-13.)".