Judiciary II - Criminal Law Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 4650
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2 | AMENDMENT NO. ____ . Amend House Bill 4650 as follows:
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3 | by replacing the title with the following:
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4 | "AN ACT in relation to criminal law."; and
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5 | by replacing everything after the enacting clause with the | ||||||
6 | following:
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7 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
8 | changing Section 12-5.1
as follows:
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9 | (720 ILCS 5/12-5.1)
(from Ch. 38, par. 12-5.1)
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10 | Sec. 12-5.1. Criminal housing management.
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11 | (a) A person commits the offense of criminal housing | ||||||
12 | management when,
having personal management or control of | ||||||
13 | residential real estate, whether
as a legal or equitable owner | ||||||
14 | or as a managing
agent or otherwise, he recklessly permits the | ||||||
15 | physical condition or
facilities of the residential real estate
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16 | to become or remain in any condition which endangers the health | ||||||
17 | or safety
of any person.
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18 | (a-5) Whenever, under any agreement, either written or | ||||||
19 | verbal, a landlord
or his or her agent charges a tenant for any | ||||||
20 | water, gas, or electrical service
and the tenant pays the | ||||||
21 | landlord for the utility service and the landlord or
his or her | ||||||
22 | agent does not pay the utility company for the service and the
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1 | utility company terminates service and as a result of the | ||||||
2 | termination of
utility service, the landlord knows or | ||||||
3 | reasonably should know that the health
or safety of the tenant | ||||||
4 | is endangered, the landlord is guilty of the offense of
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5 | criminal housing management.
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6 | (a-6) In this Section:
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7 | "Agreement" includes leases, oral agreements, and any | ||||||
8 | other understandings or
contracts reached between a landlord | ||||||
9 | and a tenant.
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10 | "Landlord" includes the owner of a building, the owner's | ||||||
11 | agent, and the
lessor
of a building.
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12 | "Tenant" includes occupants of a building or mobile home, | ||||||
13 | whether under a
lease or periodic tenancy.
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14 | "Utility company" includes all suppliers of utility | ||||||
15 | service, including
municipalities.
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16 | "Utility service" includes electric, gas, water, or | ||||||
17 | sanitary utility service
rendered by a utility company to a | ||||||
18 | tenant at a specific location.
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19 | (b) Sentence.
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20 | Criminal housing management is a Class A misdemeanor. A | ||||||
21 | subsequent
conviction for a violation of subsection (a) or | ||||||
22 | (a-5) is a Class 4 felony.
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23 | (Source: P.A. 85-341.)".
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