Bill Text: IL HB1633 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes.

Spectrum: Slight Partisan Bill (Republican 24-12)

Status: (Engrossed - Dead) 2019-05-29 - Senate Committee Amendment No. 1 Tabled [HB1633 Detail]

Download: Illinois-2019-HB1633-Engrossed.html



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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 changing
5Section 21-8 and by adding Sections 2-5.05 and 21-1.05 as
6follows:
7 (720 ILCS 5/2-5.05 new)
8 Sec. 2-5.05. Critical infrastructure facility.
9 "Critical infrastructure facility" means:
10 (1) any one of the following, if completely enclosed by
11 a fence or other physical barrier that is obviously
12 designed to exclude intruders, or if clearly marked with a
13 sign or signs that are posted on the property that are
14 reasonably likely to come to the attention of intruders and
15 indicate that entry is forbidden without site
16 authorization:
17 (A) petroleum or alumina refinery;
18 (B) electrical power generating facility,
19 substation, switching station, electrical control
20 center, or electric power lines, and associated
21 equipment infrastructure;
22 (C) chemical, polymer, or rubber manufacturing
23 facility;

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

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1 metering station, aboveground piping, regulator
2 station, or natural gas storage facility;
3 (P) crude oil or refined products storage and
4 distribution facility including, but not limited to,
5 valve sites, pipeline interconnections, pump station,
6 metering station, below or aboveground pipeline or
7 piping, or truck loading or off-loading facility;
8 (Q) nuclear facility as defined in Section 3 of the
9 Illinois Nuclear Safety Preparedness Act;
10 (R) facility of the United States Department of
11 Defense for which the State has concurrent
12 jurisdiction;
13 (S) military base of the United States Armed
14 Forces, including a National Guard base, for which the
15 State has concurrent or exclusive jurisdiction;
16 (T) coal mines; or
17 (U) any mining operation, including any processing
18 equipment, batching operation, or support facility for
19 that mining operation; or
20 (2) any aboveground portion of an oil, gas, hazardous
21 liquid or chemical pipeline, tank, railroad facility, or
22 other storage facility that is enclosed by a fence, other
23 physical barrier, or is clearly marked with signs
24 prohibiting trespassing, that are obviously designed to
25 exclude intruders.

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1 (720 ILCS 5/21-1.05 new)
2 Sec. 21-1.05. Criminal damage to a critical infrastructure
3facility.
4 (a) A person commits criminal damage to a critical
5infrastructure facility when he or she intentionally damages,
6destroys, or tampers with equipment in a critical
7infrastructure facility.
8 (b) A person may be liable in any civil action for money
9damages to the owner of the critical infrastructure facility
10for any damage resulting from the offense. A person may also be
11liable to the owner for court costs and reasonable attorney's
12fees.
13 (b-5) This Section does not apply to a contractor who has a
14contractual relationship with a critical infrastructure
15facility and the contractor's employees are acting within their
16scope of employment performing work at a critical
17infrastructure facility.
18 (c) Sentence. Criminal damage to a critical infrastructure
19facility is a Class 3 felony punishable by a fine of $100,000,
20imprisonment, or both.
21 (720 ILCS 5/21-8)
22 Sec. 21-8. Criminal trespass to a critical infrastructure
23nuclear facility; aggravated criminal trespass to a critical
24infrastructure facility.
25 (a) A person commits criminal trespass to a critical

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1infrastructure nuclear facility when he or she intentionally
2knowingly and without lawful authority:
3 (1) enters or remains within a critical infrastructure
4 nuclear facility or on the grounds of a critical
5 infrastructure nuclear facility, after receiving notice
6 before entry that entry to the critical infrastructure
7 nuclear facility is forbidden;
8 (2) remains within the critical infrastructure
9 facility or on the grounds of the facility after receiving
10 notice from the owner or manager of the facility or other
11 person authorized by the owner or manager of the facility
12 to give that notice to depart from the facility or grounds
13 of the facility; or
14 (3) enters or remains within a critical infrastructure
15 nuclear facility or on the grounds of a critical
16 infrastructure nuclear facility, by presenting false
17 documents or falsely representing his or her identity
18 orally to the owner or manager of the facility. This
19 paragraph (3) does not apply to a peace officer or other
20 official of a unit of government who enters or remains in
21 the facility in the performance of his or her official
22 duties.
23 (a-5) A person commits aggravated criminal trespass to a
24critical infrastructure facility when he or she violates
25subsection (a) of this Section with the intent to damage,
26destroy, or tamper with equipment of the facility, or impede or

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1inhibit operations of the facility.
2 (b) A person has received notice from the owner or manager
3of the facility or other person authorized by the owner or
4manager of the facility within the meaning of paragraphs (1)
5and (2) of subsection (a) if he or she has been notified
6personally, either orally or in writing, or if a printed or
7written notice forbidding the entry has been conspicuously
8posted or exhibited at the main entrance to the facility or
9grounds of the facility or the forbidden part of the facility.
10 (b-5) A person may be liable in any civil action for money
11damages to the owner of the critical infrastructure facility
12for any damage to personal or real property of the facility
13resulting from the trespass. A person may also be liable to the
14owner for court costs and reasonable attorney's fees.
15 (b-10) This Section does not apply to:
16 (1) any person or organization:
17 (i) monitoring or attentive to compliance with
18 public or worker safety laws, wage and hour
19 requirements, or other statutory requirements; or
20 (ii) picketing occurring at the workplace that is
21 otherwise lawful and arises out of a bona fide labor
22 dispute including any controversy concerning wages,
23 salaries, hours, working conditions or benefits,
24 including health and welfare, sick leave, insurance,
25 and pension or retirement provisions, the managing or
26 maintenance of collective bargaining agreements, and

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1 the terms to be included in those agreements; or
2 (iii) engaged in union organizing or recruitment
3 activities including attempting to reach workers
4 verbally, in writing with pamphlets and in the
5 investigation of non-union working conditions, or
6 both; or
7 (2) an exercise of the right of free speech or assembly
8 that is otherwise lawful. Nothing in this amendatory Act of
9 the 101st General Assembly shall be deemed to limit or
10 impede the right to free speech or assembly, including, but
11 not limited to, protesting and picketing.
12 (b-15) This Section does not apply to a contractor who has
13a contractual relationship with a critical infrastructure
14facility and the contractor's employees are acting within their
15scope of employment performing work at a critical
16infrastructure facility.
17 (c) (Blank). In this Section, "nuclear facility" has the
18meaning ascribed to it in Section 3 of the Illinois Nuclear
19Safety Preparedness Act.
20 (d) Sentence. Criminal trespass to a critical
21infrastructure nuclear facility is a Class 4 felony punishable
22by a fine of not less than $1,000, imprisonment, or both.
23Aggravated criminal trespass to a critical infrastructure
24facility is a Class 3 felony punishable by a fine of not less
25than $10,000, imprisonment, or both.
26(Source: P.A. 97-1108, eff. 1-1-13.)
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