HB3935 99TH GENERAL ASSEMBLY

LRB099 08781 RLC 28950 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3935

Introduced , by Rep. Michael J. Zalewski

SYNOPSIS AS INTRODUCED:

720 ILCS 5/21-8

Amends the Criminal Code of 2012. Changes the offense of criminal trespass to a nuclear facility to criminal trespass to a targeted facility. Defines "targeted facility" as: (1) a petroleum refinery; (2) a chemical manufacturing facility; (3) a nuclear power electric generation facility; or (4) an electric generation facility. Provides that a violation is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 21-8 as follows:

(720 ILCS 5/21-8)

Sec. 21-8. Criminal trespass to a targeted nuclear facility.

(a) A person commits criminal trespass to a targeted nuclear facility when he or she knowingly and without lawful authority:

(1) enters or remains within a targeted nuclear facility or on the grounds of a targeted nuclear facility, after receiving notice before entry that entry to the targeted nuclear facility is forbidden;

(2) remains within the facility or on the grounds of the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or

(3) enters or remains within a targeted nuclear facility or on the grounds of a targeted nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.

(b) A person has received notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding the entry has been conspicuously posted or exhibited at the main entrance to the facility or grounds of the facility or the forbidden part of the facility.

(c) In this Section, "targeted nuclear facility" means any of the following:

(1) a petroleum refinery;

(2) a chemical manufacturing facility;

(3) a nuclear power electric generation facility; or

(4) an electric generation facility has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.

(d) Sentence. Criminal trespass to a targeted nuclear facility is a Class 4 felony.

(Source: P.A. 97-1108, eff. 1-1-13.)