Full Text of HB3190 101st General Assembly
HB3190 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3190 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 2012. Creates the offense of criminal trespass to a critical infrastructure facility. Provides that a person commits the offense when he or she knowingly: (1) operates an unmanned aircraft system over a critical infrastructure facility at an
altitude not higher than 400 feet above ground level; or (2) allows an unmanned aircraft system to make contact with a critical infrastructure
facility, including any person or object on the premises of or within the facility. Provides exemptions. Defines "critical infrastructure facility". Provides that a violation is a Class A misdemeanor.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by adding | 5 | | Section 21-8.5 as follows: | 6 | | (720 ILCS 5/21-8.5 new) | 7 | | Sec. 21-8.5. Criminal trespass to a critical | 8 | | infrastructure facility. | 9 | | (a) In this Section, "critical infrastructure facility" | 10 | | means any of
the following facilities, if completely enclosed | 11 | | by a fence or other physical barrier that is
obviously designed | 12 | | to exclude intruders, or if marked with a sign conspicuously | 13 | | posted on the
property that indicates that entry is forbidden: | 14 | | (1) a petroleum or alumina refinery; | 15 | | (2) an electrical power generating facility, | 16 | | substation, switching station, or electrical
control | 17 | | center; | 18 | | (3) a chemical, polymer, or rubber manufacturing | 19 | | facility; | 20 | | (4) a water intake structure, water treatment | 21 | | facility, wastewater treatment plant, or
pump station; | 22 | | (5) a natural gas compressor station; | 23 | | (6) a liquid natural gas terminal or storage facility; |
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| 1 | | (7) a telecommunications central switching office; | 2 | | (8) a port, railroad switching yard, trucking | 3 | | terminal, or other freight transportation
facility; | 4 | | (9) a gas processing plant, including a plant used in | 5 | | the processing, treatment, or
fractionation of natural | 6 | | gas; | 7 | | (10) a transmission facility used by a federally | 8 | | licensed radio or television station; | 9 | | (11) a steelmaking facility that uses an electric arc | 10 | | furnace to make steel; | 11 | | (12) a dam that is classified as a high hazard by the | 12 | | Illinois Emergency Management Agency; | 13 | | (13) any portion of an aboveground oil, gas, or | 14 | | chemical pipeline that is enclosed by a
fence or other | 15 | | physical barrier that is obviously designed to exclude | 16 | | intruders; or | 17 | | (14) a correctional facility or law enforcement | 18 | | facility. | 19 | | (b) Except as provided in subsection (c), a person commits | 20 | | criminal trespass to a critical infrastructure facility when he | 21 | | or she knowingly: | 22 | | (1) operates an unmanned aircraft system over a | 23 | | critical infrastructure facility at an
altitude not higher | 24 | | than 400 feet above ground level; or | 25 | | (2) allows an unmanned aircraft system to make contact | 26 | | with a critical infrastructure
facility, including any |
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| 1 | | person or object on the premises of or within the facility. | 2 | | (c) This Section does not apply to: | 3 | | (1) The federal government. | 4 | | (2) A public body. | 5 | | (3) A law enforcement agency. | 6 | | (4) A person under contract with or otherwise acting | 7 | | under the direction or on behalf
of the federal government, | 8 | | a public body, or a law enforcement agency. | 9 | | (5) An owner or operator of the critical infrastructure | 10 | | facility. | 11 | | (6) A person who has the prior written consent of the | 12 | | owner or operator of the critical
infrastructure facility. | 13 | | (7) The owner or occupant of the property on which the | 14 | | critical infrastructure facility
is located. | 15 | | (8) A person who has the prior written consent of the | 16 | | owner or occupant of the property
on which the critical | 17 | | infrastructure facility is located. | 18 | | (9) A person operating an unmanned aircraft system for | 19 | | commercial purposes in compliance
with authorization | 20 | | granted by the Federal Aviation Administration. | 21 | | (d) Sentence. Criminal trespass to a critical | 22 | | infrastructure facility is a Class A misdemeanor.
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