Illinois General Assembly - Full Text of HB1759
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Full Text of HB1759  102nd General Assembly

HB1759 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1759

 

Introduced 2/17/2021, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-5.05 new
720 ILCS 5/21-1  from Ch. 38, par. 21-1
720 ILCS 5/21-8

    Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from the trespass. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees. Defines "critical infrastructure facility" and "with the intent to damage, destroy, or tamper with equipment of the facility".


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A BILL FOR

 

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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
5changing Sections 21-1 and 21-8 and by adding Section 2-5.05
6as follows:
 
7    (720 ILCS 5/2-5.05 new)
8    Sec. 2-5.05. Critical infrastructure facility. "Critical
9infrastructure facility" means:
10        (1) any one of the following, if completely enclosed
11    by 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
17        equipment infrastructure;
18            (C) a chemical, polymer, or rubber manufacturing
19        facility;
20            (D) a water intake structure, water treatment
21        facility, wastewater treatment plant, or pump station;
22            (E) a natural gas compressor station;
23            (F) a liquid natural gas terminal or storage

 

 

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1        facility;
2            (G) a telecommunications central switching office;
3            (H) a wireless telecommunications infrastructure,
4        including cell towers, telephone poles and lines,
5        including fiber optic lines;
6            (I) a port, railroad switching yard, railroad
7        tracks, trucking terminal, or other freight
8        transportation facility;
9            (J) a gas processing plant, including a plant used
10        in the processing, treatment or fractionation of
11        natural gas or natural gas liquids;
12            (K) a transmission facility used by a federally
13        licensed radio or television station;
14            (L) a steelmaking facility;
15            (M) a facility identified and regulated by the
16        United States Department of Homeland Security Chemical
17        Facility Anti-Terrorism Standards (CFATS) program;
18            (N) a dam that is regulated by the State or federal
19        government;
20            (O) a natural gas distribution utility facility
21        including, but not limited to, pipeline
22        interconnections, a city gate or town border station,
23        metering station, aboveground piping, regulator
24        station, or natural gas storage facility;
25            (P) a crude oil or refined products storage and
26        distribution facility including, but not limited to,

 

 

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1        valve sites, pipeline interconnections, pump station,
2        metering station, below or aboveground pipeline or
3        piping, or truck loading or off-loading facility or an
4        aboveground pipeline that is under construction that
5        is clearly marked that entry is forbidden;
6            (Q) a nuclear facility as defined in Section 3 of
7        the Illinois Nuclear Safety Preparedness Act;
8            (R) a coal mine; or
9            (S) a mining operation, including any processing
10        equipment, batching operation, or support facility for
11        that mining operation; or
12        (2) any aboveground portion of an oil, gas, hazardous
13    liquid or chemical pipeline, tank, railroad facility, or
14    other storage facility that is enclosed by a fence, or
15    other physical barrier.
 
16    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
17    Sec. 21-1. Criminal damage to property.
18    (a) A person commits criminal damage to property when he
19or she:
20        (1) knowingly damages any property of another;
21        (2) recklessly by means of fire or explosive damages
22    property of another;
23        (3) knowingly starts a fire on the land of another;
24        (4) knowingly injures a domestic animal of another
25    without his or her consent;

 

 

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1        (5) knowingly deposits on the land or in the building
2    of another any stink bomb or any offensive smelling
3    compound and thereby intends to interfere with the use by
4    another of the land or building;
5        (6) knowingly damages any property, other than as
6    described in paragraph (2) of subsection (a) of Section
7    20-1, with intent to defraud an insurer;
8        (7) knowingly shoots a firearm at any portion of a
9    railroad train;
10        (8) knowingly, without proper authorization, cuts,
11    injures, damages, defaces, destroys, or tampers with any
12    fire hydrant or any public or private fire fighting
13    equipment, or any apparatus appertaining to fire fighting
14    equipment; or
15        (9) intentionally, without proper authorization, opens
16    any fire hydrant; or
17        (10) intentionally damages, destroys, or tampers with
18    equipment in a critical infrastructure facility without
19    authorization from the critical infrastructure facility.
20    (b) When the charge of criminal damage to property
21exceeding a specified value is brought, the extent of the
22damage is an element of the offense to be resolved by the trier
23of fact as either exceeding or not exceeding the specified
24value.
25    (c) It is an affirmative defense to a violation of
26paragraph (1), (3), or (5), or (10) of subsection (a) of this

 

 

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1Section that the owner of the property or land damaged
2consented to the damage.
3    (d) Sentence.
4        (1) A violation of subsection (a) shall have the
5    following penalties:
6            (A) A violation of paragraph (8) or (9) is a Class
7        B misdemeanor.
8            (B) A violation of paragraph (1), (2), (3), (5),
9        or (6) is a Class A misdemeanor when the damage to
10        property does not exceed $500.
11            (C) A violation of paragraph (1), (2), (3), (5),
12        or (6) is a Class 4 felony when the damage to property
13        does not exceed $500 and the damage occurs to property
14        of a school or place of worship or to farm equipment or
15        immovable items of agricultural production, including
16        but not limited to grain elevators, grain bins, and
17        barns or property which memorializes or honors an
18        individual or group of police officers, fire fighters,
19        members of the United States Armed Forces, National
20        Guard, or veterans.
21            (D) A violation of paragraph (4) is a Class 4
22        felony when the damage to property does not exceed
23        $10,000.
24            (E) A violation of paragraph (7) is a Class 4
25        felony.
26            (F) A violation of paragraph (1), (2), (3), (5) or

 

 

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1        (6) is a Class 4 felony when the damage to property
2        exceeds $500 but does not exceed $10,000.
3            (G) A violation of paragraphs (1) through (6) is a
4        Class 3 felony when the damage to property exceeds
5        $500 but does not exceed $10,000 and the damage occurs
6        to property of a school or place of worship or to farm
7        equipment or immovable items of agricultural
8        production, including but not limited to grain
9        elevators, grain bins, and barns or property which
10        memorializes or honors an individual or group of
11        police officers, fire fighters, members of the United
12        States Armed Forces, National Guard, or veterans.
13            (H) A violation of paragraphs (1) through (6) is a
14        Class 3 felony when the damage to property exceeds
15        $10,000 but does not exceed $100,000.
16            (I) A violation of paragraphs (1) through (6) is a
17        Class 2 felony when the damage to property exceeds
18        $10,000 but does not exceed $100,000 and the damage
19        occurs to property of a school or place of worship or
20        to farm equipment or immovable items of agricultural
21        production, including but not limited to grain
22        elevators, grain bins, and barns or property which
23        memorializes or honors an individual or group of
24        police officers, fire fighters, members of the United
25        States Armed Forces, National Guard, or veterans.
26            (J) A violation of paragraphs (1) through (6) is a

 

 

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1        Class 2 felony when the damage to property exceeds
2        $100,000. A violation of paragraphs (1) through (6) is
3        a Class 1 felony when the damage to property exceeds
4        $100,000 and the damage occurs to property of a school
5        or place of worship or to farm equipment or immovable
6        items of agricultural production, including but not
7        limited to grain elevators, grain bins, and barns or
8        property which memorializes or honors an individual or
9        group of police officers, fire fighters, members of
10        the United States Armed Forces, National Guard, or
11        veterans.
12            (K) A violation of paragraph (10) is a Class 4
13        felony when the damage to property does not exceed
14        $500.
15            (L) A violation of paragraph (10) is a Class 3
16        felony when the damage to property exceeds $500 but
17        does not exceed $10,000.
18            (M) A violation of paragraph (10) is a Class 2
19        felony when the damage to property exceeds $10,000.
20        (1.5) A person may be liable in a civil action for
21    money damages to the owner of the critical infrastructure
22    facility for any damage resulting from a violation of
23    paragraph (10). A person may also be liable to the owner
24    for court costs and reasonable attorney's fees resulting
25    from a violation of paragraph (10).
26        (2) When the damage to property exceeds $10,000, the

 

 

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1    court shall impose upon the offender a fine equal to the
2    value of the damages to the property.
3        (3) In addition to any other sentence that may be
4    imposed, a court shall order any person convicted of
5    criminal damage to property to perform community service
6    for not less than 30 and not more than 120 hours, if
7    community service is available in the jurisdiction and is
8    funded and approved by the county board of the county
9    where the offense was committed. In addition, whenever any
10    person is placed on supervision for an alleged offense
11    under this Section, the supervision shall be conditioned
12    upon the performance of the community service.
13        The community service requirement does not apply when
14    the court imposes a sentence of incarceration.
15        (4) In addition to any criminal penalties imposed for
16    a violation of this Section, if a person is convicted of or
17    placed on supervision for knowingly damaging or destroying
18    crops of another, including crops intended for personal,
19    commercial, research, or developmental purposes, the
20    person is liable in a civil action to the owner of any
21    crops damaged or destroyed for money damages up to twice
22    the market value of the crops damaged or destroyed.
23        (5) For the purposes of this subsection (d), "farm
24    equipment" means machinery or other equipment used in
25    farming.
26(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 

 

 

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1    (720 ILCS 5/21-8)
2    Sec. 21-8. Criminal trespass to a critical infrastructure
3nuclear facility.
4    (a) A person commits criminal trespass to a critical
5infrastructure nuclear facility when he or she intentionally
6knowingly and without lawful authority, and with intent to
7damage, destroy, or tamper with equipment of the facility:
8        (1) enters or remains within a critical infrastructure
9    nuclear facility or on the grounds of a critical
10    infrastructure nuclear facility, after receiving notice
11    before entry that entry to the critical infrastructure
12    nuclear facility is forbidden;
13        (2) remains within the critical infrastructure
14    facility or on the grounds of the facility after receiving
15    notice from the owner or manager of the facility or other
16    person authorized by the owner or manager of the facility
17    to give that notice to depart from the facility or grounds
18    of the facility; or
19        (3) enters or remains within a critical infrastructure
20    nuclear facility or on the grounds of a critical
21    infrastructure nuclear facility, by presenting false
22    documents or falsely representing his or her identity
23    orally to the owner or manager of the facility. This
24    paragraph (3) does not apply to a peace officer or other
25    official of a unit of government who enters or remains in

 

 

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1    the facility in the performance of his or her official
2    duties.
3    (a-5) In this Section, "with intent to damage, destroy, or
4tamper with equipment of the facility" means actions that
5create a serious risk for loss of human life, serious risk of
6harm to public health, or a serious risk of significant damage
7to the environment.
8    (b) A person has received notice from the owner or manager
9of the facility or other person authorized by the owner or
10manager of the facility within the meaning of paragraphs (1)
11and (2) of subsection (a) if he or she has been notified
12personally, either orally or in writing, or if a printed or
13written notice forbidding the entry has been conspicuously
14posted or exhibited at the main entrance to the facility or
15grounds of the facility or the forbidden part of the facility.
16    (b-5) This Section does not apply to:
17        (1) any person or organization:
18            (i) monitoring or attentive to compliance with
19        public or worker safety laws, wage and hour
20        requirements, or other statutory requirements;
21            (ii) picketing occurring at the workplace that is
22        otherwise lawful and arises out of a bona fide labor
23        dispute including any controversy concerning wages,
24        salaries, hours, working conditions or benefits,
25        including health and welfare, sick leave, insurance,
26        and pension or retirement provisions, the managing or

 

 

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1        maintenance of collective bargaining agreements, and
2        the terms to be included in those agreements; or
3            (iii) engaged in union organizing or recruitment
4        activities including attempting to reach workers
5        verbally, in writing with pamphlets and in the
6        investigation of non-union working conditions, or
7        both; or
8        (2) an exercise of the right of free speech or
9    assembly that is otherwise lawful. Nothing in this
10    amendatory Act of the 102nd General Assembly shall be
11    deemed to limit or impede the right to free speech or
12    assembly, including, but not limited to, protesting and
13    picketing.
14    (c) (Blank). In this Section, "nuclear facility" has the
15meaning ascribed to it in Section 3 of the Illinois Nuclear
16Safety Preparedness Act.
17    (d) Sentence. Criminal trespass to a critical
18infrastructure nuclear facility is a Class 4 felony punishable
19by a fine of not less than $1,000, imprisonment, or both.
20    (e) A person may also be liable in a civil action for money
21damages to the owner of the critical infrastructure facility
22for any damage to personal or real property of the facility
23resulting from the trespass. A person may also be liable to the
24owner for court costs and reasonable attorney's fees.
25(Source: P.A. 97-1108, eff. 1-1-13.)