Bill Status of HB 1633   101st General Assembly

Short Description:  CRIM CD-CRITICAL INFRASTRUCTUR

House Sponsors
Rep. Jay Hoffman-Marcus C. Evans, Jr.-Tony McCombie-Lawrence Walsh, Jr.-Michael D. Unes, Jeff Keicher, Chris Miller, Darren Bailey, Dan Caulkins, Kelly M. Burke, Frances Ann Hurley, Joe Sosnowski, André Thapedi, Deanne M. Mazzochi, Mike Murphy, Blaine Wilhour, Grant Wehrli, Dan Brady, Andrew S. Chesney, Michael T. Marron, Ryan Spain, Anthony DeLuca, Patrick Windhorst, Tim Butler, Dan Ugaste, Keith R. Wheeler and Mark Batinick

Senate Sponsors
(Sen. Michael E. Hastings-Jennifer Bertino-Tarrant-Linda Holmes-Pat McGuire, Bill Cunningham-Sue Rezin, Paul Schimpf, Neil Anderson and Jason Plummer)


Last Action  View All Actions

DateChamber Action
  5/29/2019SenateTabled by Sponsor Sen. Michael E. Hastings

Statutes Amended In Order of Appearance
720 ILCS 5/2-5.05 new
720 ILCS 5/8-2from Ch. 38, par. 8-2
720 ILCS 5/21-1.05 new
720 ILCS 5/21-8

Synopsis As Introduced
Amends the Criminal Code of 2012. Creates the offense of criminal damage to a critical infrastructure facility for a person who knowingly damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility. Provides the penalty is a Class 1 felony punishable by a fine of $100,000, imprisonment, or both. Expands the offense of criminal trespass to a nuclear facility to include other critical infrastructure facilities. Provides the penalty is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Creates the offense of aggravated criminal trespass to a critical infrastructure facility for a person who commits a criminal trespass to a critical infrastructure facility with the intent to damage, destroy, vandalize, deface, or tamper with equipment of the facility, or impede or inhibit operations of the facility. Provides the penalty is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both. Provides if a business, corporation, or organization is convicted of conspiracy to commit any of the offenses the entity shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Provides a person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage to personal or real property of the facility resulting from any of the offenses, and that a person may also be liable to the owner for court costs and reasonable attorney's fees. Provides for exemptions. Defines "critical infrastructure facility".

House Committee Amendment No. 1
Replaces everything after the enacting clause. 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 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.

House Floor Amendment No. 2
Replaces everything after the enacting clause. 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.

 Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General)
 The proposed legislation, HB 1633 (H-AM 1) would not have a significant fiscal impact on our Office as the new offenses established by this bill would primarily be handled by local county State's Attorney Offices. Fiscal impact: Minimal

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the State of Illinois.

 Fiscal Note, House Committee Amendment No. 1 (Illinois State Police)
 If House Bill 1633 (H-AM 1) were to become law, there would be no additional fiscal impact to the Illinois State Police.

House Floor Amendment No. 3
Deletes reference to:
720 ILCS 5/8-2

Deletes language that provides that a business, corporation, or organization convicted of 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 shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Deletes language that 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.

 Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
 The total impact of House Bill 1633, as amended, would result in an increase of 1 offender, with additional marginal costs of $96,200 over the first ten years after enactment. These calculations are based on limited accessible data and estimates may vary depending on how cases are prosecuted and plea bargained.

 Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

Actions 
DateChamber Action
  1/31/2019HouseFiled with the Clerk by Rep. Jay Hoffman
  1/31/2019HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  1/31/2019HouseAdded Chief Co-Sponsor Rep. Tony McCombie
  1/31/2019HouseAdded Chief Co-Sponsor Rep. Lawrence Walsh, Jr.
  1/31/2019HouseAdded Chief Co-Sponsor Rep. Michael D. Unes
  2/1/2019HouseFirst Reading
  2/1/2019HouseReferred to Rules Committee
  2/1/2019HouseAdded Co-Sponsor Rep. Jeff Keicher
  2/6/2019HouseAdded Co-Sponsor Rep. Chris Miller
  2/6/2019HouseAdded Co-Sponsor Rep. Darren Bailey
  2/8/2019HouseAdded Co-Sponsor Rep. Dan Caulkins
  2/11/2019HouseAdded Co-Sponsor Rep. Gregory Harris
  2/13/2019HouseAssigned to Judiciary - Criminal Committee
  2/13/2019HouseAdded Co-Sponsor Rep. Kelly M. Burke
  2/14/2019HouseAdded Co-Sponsor Rep. Frances Ann Hurley
  3/7/2019HouseAdded Co-Sponsor Rep. Joe Sosnowski
  3/13/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Jay Hoffman
  3/13/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/14/2019HouseAdded Co-Sponsor Rep. André Thapedi
  3/19/2019HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/19/2019HouseAdded Co-Sponsor Rep. Deanne M. Mazzochi
  3/21/2019HouseAdded Co-Sponsor Rep. Mike Murphy
  3/21/2019HouseAdded Co-Sponsor Rep. Blaine Wilhour
  3/26/2019HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/26/2019HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 013-006-000
  3/27/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Jay Hoffman
  3/27/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/28/2019HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  3/28/2019HouseRemoved Co-Sponsor Rep. Gregory Harris
  3/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  4/2/2019HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Robyn Gabel
  4/2/2019HouseHouse Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. Robyn Gabel
  4/2/2019HouseHouse Committee Amendment No. 1 Correctional Note Requested as Amended by Rep. Ann M. Williams
  4/2/2019HouseHouse Committee Amendment No. 1 Home Rule Note Requested as Amended by Rep. Ann M. Williams
  4/3/2019HouseAdded Co-Sponsor Rep. Grant Wehrli
  4/3/2019HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/3/2019HouseAdded Co-Sponsor Rep. Dan Brady
  4/4/2019HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 011-003-000
  4/4/2019HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  4/5/2019HouseAdded Co-Sponsor Rep. Andrew S. Chesney
  4/5/2019HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  4/8/2019HouseAdded Co-Sponsor Rep. Michael T. Marron
  4/9/2019HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Jay Hoffman
  4/9/2019HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/10/2019HouseAdded Co-Sponsor Rep. Ryan Spain
  4/10/2019HouseAdded Co-Sponsor Rep. Anthony DeLuca
  4/10/2019HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  4/10/2019HouseSecond Reading - Short Debate
  4/10/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  4/11/2019HouseHouse Committee Amendment No. 1 Correctional Note Filed as Amended
  4/11/2019HouseHouse Committee Amendment No. 1 Home Rule Note Filed as Amended
  4/11/2019HouseHouse Floor Amendment No. 2 Adopted
  4/11/2019HouseHouse Floor Amendment No. 3 Adopted
  4/11/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/11/2019HouseRemoved from Short Debate Status
  4/11/2019HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  4/11/2019HouseThird Reading - Standard Debate - Passed 077-028-003
  4/11/2019HouseAdded Co-Sponsor Rep. Patrick Windhorst
  4/11/2019HouseAdded Co-Sponsor Rep. Tim Butler
  4/11/2019HouseAdded Co-Sponsor Rep. Dan Ugaste
  4/11/2019HouseAdded Co-Sponsor Rep. Keith R. Wheeler
  4/11/2019HouseAdded Co-Sponsor Rep. Mark Batinick
  4/11/2019SenateArrive in Senate
  4/11/2019SenatePlaced on Calendar Order of First Reading
  4/11/2019SenateChief Senate Sponsor Sen. Michael E. Hastings
  4/11/2019SenateFirst Reading
  4/11/2019SenateReferred to Assignments
  4/30/2019SenateAssigned to Criminal Law
  4/30/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Jennifer Bertino-Tarrant
  4/30/2019SenateAdded as Alternate Co-Sponsor Sen. Suzy Glowiak
  5/1/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/2/2019SenateTo Subcommittee on CLEAR Compliance
  5/2/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Pat McGuire
  5/2/2019SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  5/2/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Sue Rezin
  5/2/2019SenateAdded as Alternate Co-Sponsor Sen. Paul Schimpf
  5/2/2019SenateSponsor Removed Sen. Suzy Glowiak
  5/7/2019SenateAdded as Alternate Co-Sponsor Sen. Neil Anderson
  5/10/2019SenateRule 2-10 Committee Deadline Established As May 17, 2019
  5/10/2019SenateAdded as Alternate Co-Sponsor Sen. Jason Plummer
  5/15/2019SenatePostponed-Criminal Law
  5/17/2019SenateRule 2-10 Committee Deadline Established As May 24, 2019
  5/22/2019SenatePostponed-Criminal Law
  5/24/2019SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2019
  5/28/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael E. Hastings
  5/28/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/28/2019SenateReported Back To Criminal Law; 002-001-000
  5/28/2019SenatePostponed - Criminal Law
  5/28/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/29/2019SenateTabled by Sponsor Sen. Michael E. Hastings
  5/29/2019SenateSenate Committee Amendment No. 1 Tabled

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