103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4746

 

Introduced 2/6/2024, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/Art. 21.4 heading new
720 ILCS 5/21.4-1 new
720 ILCS 5/21.4-2 new
720 ILCS 5/21.4-3 new
720 ILCS 5/21.4-5 new
720 ILCS 5/21.4-6 new
720 ILCS 5/21.4-7 new

    Amends the Criminal Code of 2012. Creates the Critical Infrastructure Protection Law Article within the Code. Defines "critical infrastructure facility". Provides for criminal penalties, based upon the value of the property, for knowingly damaging, destroying, vandalizing, defacing, tampering with, or stealing equipment or assets of or in a critical infrastructure facility. Provides that any person who violates the Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages. Provides that any person or entity that compensates, provides consideration to, or remunerates a person for property stolen in violation of the Article is liable to the owner of the property for compensatory damages and, in addition, for punitive damages in an amount not less than 3 times the amount of the compensatory damages. Provides that it is an affirmative defense to this provision that the defendant was a bona fide purchaser for value who did not know, or have reason to know, that the property was stolen. Provides that, with exceptions, all items of personal property that are used, have been used, or are intended for use, in perpetration of theft or damage to a critical infrastructure facility are subject to forfeiture.


LRB103 38244 RLC 68379 b

 

 

A BILL FOR

 

HB4746LRB103 38244 RLC 68379 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Article 21.4 as follows:
 
6    (720 ILCS 5/Art. 21.4 heading new)
7
ARTICLE 21.4. CRITICAL INFRASTRUCTURE PROTECTION LAW

 
8    (720 ILCS 5/21.4-1 new)
9    Sec. 21.4-1. Short title. This Article may be cited as
10Critical Infrastructure Protection Law.
 
11    (720 ILCS 5/21.4-2 new)
12    Sec. 21.4-2. Definitions. In this Article:
13    "Critical infrastructure facility" means one of the
14following:
15        (1) a petroleum or alumina refinery;
16        (2) an electrical power generating facility,
17    substation, switching station, electrical control center,
18    or electric power lines and associated equipment
19    infrastructure;
20        (3) a chemical, polymer or rubber manufacturing
21    facility;

 

 

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1        (4) a water intake structure, water treatment
2    facility, wastewater treatment plant, or pump station;
3        (5) a natural gas compressor station;
4        (6) a liquid natural gas terminal or storage facility;
5        (7) wireline and wireless communications
6    infrastructure;
7        (8) a port, railroad switching yard, trucking
8    terminal, or other freight transportation facility;
9        (9) a gas processing plant, including a plant used in
10    the processing, treatment, or fractionation of natural gas
11    or natural gas liquids;
12        (10) a transmission facility used by a federally
13    licensed radio or television station;
14        (11) a steelmaking facility that uses an electric arc
15    furnace to make steel;
16        (12) a facility identified and regulated by the United
17    States Department of Homeland Security Chemical Facility
18    Anti-Terrorism Standards (CFATS) program;
19        (13) a dam that is regulated by the State or federal
20    government;
21        (14) a natural gas distribution utility facility,
22    including, but not limited to, pipeline interconnections,
23    a city gate or town border station, metering station,
24    below-or above-ground pipeline or piping and truck loading
25    or offloading facility, a natural gas storage facility, a
26    natural gas transmission facility, or a natural gas

 

 

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1    utility distribution facility;
2        (15) a crude oil or refined products storage and
3    distribution facility, including, but not limited to, a
4    valve site, pipeline interconnection, pump station,
5    metering station, below-or above-ground pipeline or
6    piping, and truck loading or offloading facility;
7        (16) a military facility, including a national guard
8    facility and equipment storage area where non-military
9    personnel are prohibited;
10        (17) a Department of Transportation facility and a
11    location near or on a roads or highway where the public is
12    prohibited;
13        (18) a health care facility
    ;
14        (19) any above-ground portion of an oil, gas,
15    hazardous liquid or chemical pipeline, tank, or other
16    storage facility that is enclosed by a fence, other
17    physical barrier, or is clearly marked with signs
18    prohibiting trespassing, that are obviously designed to
19    exclude intruders; or
20        (20) a commercial service airport as defined by the
21    Federal Aviation Administration.
 
22    (720 ILCS 5/21.4-3 new)
23    Sec. 21.4-3. Criminal offenses; conspiracy; receipt of
24stolen property; felonies; misdemeanors; fines; imprisonment.
25    (a) Any person who knowingly damages, destroys,

 

 

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1vandalizes, defaces, tampers with, or steals equipment or
2assets of or in a critical infrastructure facility (including
3copper or other valuable metal) is guilty of a Class 4 felony
4if the value of the property is under $500, a Class 3 felony if
5the value of the property is between $500 and $10,000, and a
6Class 2 felony if the value of the property exceeds $10,000
7and, upon conviction for the offense, shall be fined not less
8than $5,000 nor more than $20,000.
9    (b) Any person who conspires with any person to violate
10this Article is guilty of a Class 3 felony and, upon conviction
11for the offense, shall be fined not less than $5,000 nor more
12than $10,000.
13    (c) Any person who receives stolen property, including
14copper or other valuable metal, who knows or has reason to know
15that it has been stolen from a critical infrastructure
16facility, is guilty of a Class 4 felony if the value of the
17property is under $500, a Class 3 felony if the value of the
18property is between $500 and $10,000, and a Class 2 felony for
19any amount over $10,000 and, upon conviction for the offense,
20shall be fined not less than $5,000 nor more than $10,000.
 
21    (720 ILCS 5/21.4-5 new)
22    Sec. 21.4-5. Civil liability.
23    (a) Any person who violates this Article is liable to the
24owner of the property for compensatory damages and, in
25addition, for punitive damages in an amount not less than 3

 

 

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1times the amount of the compensatory damages.
2    (b) Any person or entity that compensates, provides
3consideration to, or remunerates a person for property stolen
4in violation of this Article is liable to the owner of the
5property for compensatory damages and, in addition, for
6punitive damages in an amount not less than 3 times the amount
7of the compensatory damages. It is an affirmative defense to
8this subsection (b) that the defendant was a bona fide
9purchaser for value who did not know, or have reason to know,
10that the property was stolen.
 
11    (720 ILCS 5/21.4-6 new)
12    Sec. 21.4-6. Forfeiture.
13    (a) All items of personal property that are used, have
14been used, or are intended for use, in perpetration of theft or
15damage to a critical infrastructure facility are subject to
16forfeiture. This forfeiture includes all conveyances,
17including aircraft, vehicles, or vessels, except that:
18        (1) a conveyance used by any person as a common
19    carrier in the transaction of business as a common carrier
20    may not be forfeited under this Section unless it appears
21    that the person owning the conveyance is a consenting
22    party or privy to a violation of this Article;
23        (2) a conveyance may not be forfeited under the
24    provisions of this Article if the person owning the
25    conveyance establishes that he or she neither knew nor had

 

 

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1    reason to know that the conveyance was being employed or
2    was likely to be employed in a violation of this Article;
3    or
4        (3) a bona fide security interest or other valid lien
5    in any conveyance may not be forfeited under the
6    provisions of this Article, unless the State proves by a
7    preponderance of the evidence that the holder of the
8    security interest or lien either knew or had reason to
9    know that the conveyance was being used or was likely to be
10    used in a violation of this Article.
11    (b) All procedures relating to the seizure and disposition
12of property subject to forfeiture under this Article shall be
13governed by the same provisions applicable to the seizure and
14disposition of property under the Drug Asset Forfeiture
15Procedure Act.

 
16    (720 ILCS 5/21.4-7 new)
17    Sec. 21.4-7. Exceptions. The provisions of this Article do
18not apply to:
19    (1) any person or organization monitoring or attentive to
20compliance with public or worker safety laws, or, wage and
21hour requirements;
22    (2) the right to free speech or assembly, including, but
23not limited to, protesting and picketing;
24    (3) the owner of a critical infrastructure facility and
25its affiliates, directors, officers, employees, contractors,

 

 

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1subcontractors, or other persons affiliated those persons,
2acting within the scope of the person's employment or agency.