HB1633ham001 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/13/2019

10100HB1633ham001 LRB101 07428 SLF 57739 a

AMENDMENT TO HOUSE BILL 1633

AMENDMENT NO. ______. Amend House Bill 1633 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by changing Sections 8-2 and 21-8 and by adding Sections 2-5.05 and 21-1.05 as follows:

(720 ILCS 5/2-5.05 new)

Sec. 2-5.05. Critical infrastructure facility.

"Critical infrastructure facility" means:

(1) any one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property that are reasonably likely to come to the attention of intruders and indicate that entry is forbidden without site authorization:

(A) petroleum or alumina refinery;

(B) electrical power generating facility, substation, switching station, electrical control center, or electric power lines, and associated equipment infrastructure;

(C) chemical, polymer, or rubber manufacturing facility;

(D) water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E) natural gas compressor station;

(F) liquid natural gas terminal or storage facility;

(G) telecommunications central switching office;

(H) wireless telecommunications infrastructure, including cell towers, telephone poles and lines, including fiber optic lines;

(I) port, railroad switching yard, railroad tracks, trucking terminal, or other freight transportation facility;

(J) gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas or natural gas liquids;

(K) transmission facility used by a federally licensed radio or television station;

(L) steelmaking facility;

(M) facility identified and regulated by the United States Department of Homeland Security Chemical Facility Anti-Terrorism Standards (CFATS) program;

(N) dam that is regulated by the State or federal government;

(O) natural gas distribution utility facility including, but not limited to, pipeline interconnections, a city gate or town border station, metering station, aboveground piping, regulator station, or natural gas storage facility;

(P) crude oil or refined products storage and distribution facility including, but not limited to, valve sites, pipeline interconnections, pump station, metering station, below or aboveground pipeline or piping, or truck loading or off-loading facility;

(Q) nuclear facility as defined in Section 3 of the Illinois Nuclear Safety Preparedness Act;

(R) facility of the United States Department of Defense for which the State has concurrent jurisdiction;

(S) military base of the United States Armed Forces, including a National Guard base, for which the State has concurrent or exclusive jurisdiction;

(T) coal mines; or

(U) any mining operation, including any processing equipment, batching operation, or support facility for that mining operation; or

(2) any aboveground portion of an oil, gas, hazardous liquid or chemical pipeline, tank, railroad facility, or other storage facility that is enclosed by a fence, other physical barrier, or is clearly marked with signs prohibiting trespassing, that are obviously designed to exclude intruders.

(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)

Sec. 8-2. Conspiracy.

(a) Elements of the offense. A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and proved to have been committed by him or her or by a co-conspirator.

(b) Co-conspirators. It is not a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:

(1) have not been prosecuted or convicted,

(2) have been convicted of a different offense,

(3) are not amenable to justice,

(4) have been acquitted, or

(5) lacked the capacity to commit an offense.

(c) Sentence.

(1) Except as otherwise provided in this subsection or Code, a person convicted of conspiracy to commit:

(A) a Class X felony shall be sentenced for a Class 1 felony;

(B) a Class 1 felony shall be sentenced for a Class 2 felony;

(C) a Class 2 felony shall be sentenced for a Class 3 felony;

(D) a Class 3 felony shall be sentenced for a Class 4 felony;

(E) a Class 4 felony shall be sentenced for a Class 4 felony; and

(F) a misdemeanor may be fined or imprisoned or both not to exceed the maximum provided for the offense that is the object of the conspiracy.

(2) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class X felony:

(A) aggravated insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4); or

(B) aggravated governmental entity insurance fraud conspiracy when the person is an organizer of the conspiracy (720 ILCS 5/46-4).

(3) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 1 felony:

(A) first degree murder (720 ILCS 5/9-1); or

(B) aggravated insurance fraud (720 ILCS 5/46-3) or aggravated governmental insurance fraud (720 ILCS 5/46-3).

(4) A person convicted of conspiracy to commit insurance fraud (720 ILCS 5/46-3) or governmental entity insurance fraud (720 ILCS 5/46-3) shall be sentenced for a Class 2 felony.

(5) A person convicted of conspiracy to commit any of the following offenses shall be sentenced for a Class 3 felony:

(A) soliciting for a prostitute (720 ILCS 5/11-14.3(a)(1));

(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or 5/11-14.3(a)(2)(B));

(C) keeping a place of prostitution (720 ILCS 5/11-14.3(a)(1));

(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));

(E) unlawful use of weapons under Section 24-1(a)(1) (720 ILCS 5/24-1(a)(1));

(F) unlawful use of weapons under Section 24-1(a)(7) (720 ILCS 5/24-1(a)(7));

(G) gambling (720 ILCS 5/28-1);

(H) keeping a gambling place (720 ILCS 5/28-3);

(I) registration of federal gambling stamps violation (720 ILCS 5/28-4);

(J) look-alike substances violation (720 ILCS 570/404);

(K) miscellaneous controlled substance violation under Section 406(b) (720 ILCS 570/406(b)); or

(L) an inchoate offense related to any of the principal offenses set forth in this item (5).

(6) 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. 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.

(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)

(720 ILCS 5/21-1.05 new)

Sec. 21-1.05. Criminal damage to a critical infrastructure facility.

(a) A person commits criminal damage to a critical infrastructure facility when he or she knowingly damages, destroys, or tampers with equipment in a critical infrastructure facility.

(b) A person may be liable in any civil action for money damages to the owner of the critical infrastructure facility for any damage resulting from the offense. A person may also be liable to the owner for court costs and reasonable attorney's fees.

(b-5) This Section does not apply to a contractor who has a contractual relationship with a critical infrastructure facility and the contractor's employees are acting within their scope of employment performing work at a critical infrastructure facility.

(c) Sentence. Criminal damage to a critical infrastructure facility is a Class 3 felony punishable by a fine of $100,000, imprisonment, or both.

(720 ILCS 5/21-8)

Sec. 21-8. Criminal trespass to a critical infrastructure nuclear facility; aggravated criminal trespass to a critical infrastructure facility.

(a) A person commits criminal trespass to a critical infrastructure nuclear facility when he or she knowingly and without lawful authority:

(1) enters or remains within a critical infrastructure nuclear facility or on the grounds of a critical infrastructure nuclear facility, after receiving notice before entry that entry to the critical infrastructure nuclear facility is forbidden;

(2) remains within the critical infrastructure facility or on the grounds of the facility after receiving notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility to give that notice to depart from the facility or grounds of the facility; or

(3) enters or remains within a critical infrastructure nuclear facility or on the grounds of a critical infrastructure nuclear facility, by presenting false documents or falsely representing his or her identity orally to the owner or manager of the facility. This paragraph (3) does not apply to a peace officer or other official of a unit of government who enters or remains in the facility in the performance of his or her official duties.

(a-5) A person commits aggravated criminal trespass to a critical infrastructure facility when he or she violates subsection (a) of this Section with the intent to damage, destroy, or tamper with equipment of the facility, or impede or inhibit operations of the facility.

(b) A person has received notice from the owner or manager of the facility or other person authorized by the owner or manager of the facility within the meaning of paragraphs (1) and (2) of subsection (a) if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding the entry has been conspicuously posted or exhibited at the main entrance to the facility or grounds of the facility or the forbidden part of the facility.

(b-5) 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 the trespass. A person may also be liable to the owner for court costs and reasonable attorney's fees.

(b-10) This Section does not apply to:

(1) any person or organization:

(i) monitoring or attentive to compliance with public or worker safety laws, wage and hour requirements, or other statutory requirements; or

(ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements; or

(iii) engaged in union organizing or recruitment activities including attempting to reach workers verbally, in writing with pamphlets and in the investigation of non-union working conditions, or both; or

(2) an exercise of the right of free speech or assembly that is otherwise lawful. Nothing in this amendatory Act of the 101st General Assembly shall be deemed to limit or impede the right to free speech or assembly, including, but not limited to, protesting and picketing.

(b-15) This Section does not apply to a contractor who has a contractual relationship with a critical infrastructure facility and the contractor's employees are acting within their scope of employment performing work at a critical infrastructure facility.

(c) (Blank). In this Section, "nuclear facility" has the meaning ascribed to it in Section 3 of the Illinois Nuclear Safety Preparedness Act.

(d) Sentence. Criminal trespass to a critical infrastructure nuclear facility is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Aggravated criminal trespass to a critical infrastructure facility is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both.

(Source: P.A. 97-1108, eff. 1-1-13.)".