HB4650ham004 93RD GENERAL ASSEMBLY

Rep. Annazette Collins

Filed: 3/30/2004

09300HB4650ham004 LRB093 18964 RLC 49231 a

AMENDMENT TO HOUSE BILL 4650

AMENDMENT NO. ____. Amend House Bill 4650, AS AMENDED, 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) A landlord, or his or her agent, commits the offense of criminal housing management when, under any agreement, whether written or verbal, the landlord or agent charges a tenant for gas, water, or electrical utility service and:

1) the landlord or agent fails to pay the utility company for the service, resulting in termination of that utility service to the tenant's residence; and

(2) the termination of utility service is not corrected within 24 hours after it was terminated, unless the delay is caused by an act of God or other occurrence through no fault of the landlord or agent; and

(3) the termination of utility service endangers the health or safety of the tenant or a member of the tenant's household.

Nothing in this subsection (a-5) is intended to authorize the resale of water, gas, or electrical service if that resale is otherwise prohibited.

(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 containing 3 or more residential units, the owner's agent, and the lessor of a building containing 3 or more residential units.

"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.

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

A first conviction for a violation of subsection (a-5) is a petty offense. A second conviction for a violation of subsection (a-5) is a business offense subject to a fine not to exceed $1,500. A third or subsequent conviction for a violation of subsection (a-5) is a Class A misdemeanor.

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