HB4650ham001 93RD GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 03/04/04

09300HB4650ham001 LRB093 18964 RLC 46969 a

AMENDMENT TO HOUSE BILL 4650

AMENDMENT NO. ____. Amend House Bill 4650 as follows:

by replacing the title with the following:

"AN ACT in relation to criminal law."; and

by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by changing Section 12-5.1 as follows:

(720 ILCS 5/12-5.1) (from Ch. 38, par. 12-5.1)

Sec. 12-5.1. Criminal housing management.

(a) A person commits the offense of criminal housing management when, having personal management or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person.

(a-5) Whenever, under any agreement, either written or verbal, a landlord or his or her agent charges a tenant for any water, gas, or electrical service and the tenant pays the landlord for the utility service and the landlord or his or her agent does not pay the utility company for the service and the utility company terminates service and as a result of the termination of utility service, the landlord knows or reasonably should know that the health or safety of the tenant is endangered, the landlord is guilty of the offense of criminal housing management.

(a-6) In this Section:

"Agreement" includes leases, oral agreements, and any other understandings or contracts reached between a landlord and a tenant.

"Landlord" includes the owner of a building, the owner's agent, and the lessor of a building.

"Tenant" includes occupants of a building or mobile home, whether under a lease or periodic tenancy.

"Utility company" includes all suppliers of utility service, including municipalities.

"Utility service" includes electric, gas, water, or sanitary utility service rendered by a utility company to a tenant at a specific location.

(b) Sentence.

Criminal housing management is a Class A misdemeanor. A subsequent conviction for a violation of subsection (a) or (a-5) is a Class 4 felony.

(Source: P.A. 85-341.)".