Rep. Annazette Collins
Filed: 3/30/2004
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1 | AMENDMENT TO HOUSE BILL 4650
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2 | AMENDMENT NO. ____ . Amend House Bill 4650, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
6 | changing Section 12-5.1
as follows:
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7 | (720 ILCS 5/12-5.1)
(from Ch. 38, par. 12-5.1)
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8 | Sec. 12-5.1. Criminal housing management.
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9 | (a) A person commits the offense of criminal housing | ||||||
10 | management when,
having personal management or control of | ||||||
11 | residential real estate, whether
as a legal or equitable owner | ||||||
12 | or as a managing
agent or otherwise, he recklessly permits the | ||||||
13 | physical condition or
facilities of the residential real estate
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14 | to become or remain in any condition which endangers the health | ||||||
15 | or safety
of any person.
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16 | (a-5) A landlord, or his or her agent, commits the offense | ||||||
17 | of criminal housing management when, under any agreement, | ||||||
18 | whether written or verbal, the landlord or agent charges a | ||||||
19 | tenant for gas, water, or electrical utility service and: | ||||||
20 | 1) the landlord or agent fails to pay the utility | ||||||
21 | company for the service, resulting in termination of that | ||||||
22 | utility service to the tenant's residence; and | ||||||
23 | (2) the termination of utility service is not corrected | ||||||
24 | within 24 hours after it was terminated, unless the delay |
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1 | is caused by an act of God or other occurrence through no | ||||||
2 | fault of the landlord or agent; and | ||||||
3 | (3) the termination of utility service endangers the | ||||||
4 | health or safety of the tenant or a member of the tenant's | ||||||
5 | household. | ||||||
6 | Nothing in this subsection (a-5) is intended to authorize | ||||||
7 | the resale of water, gas, or electrical service if that resale | ||||||
8 | is otherwise prohibited.
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9 | (a-6) In this Section:
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10 | "Agreement" includes leases, oral agreements, and any | ||||||
11 | other understandings or
contracts reached between a landlord | ||||||
12 | and a tenant.
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13 | "Landlord" includes the owner of a building containing 3 or | ||||||
14 | more residential units, the owner's agent, and the
lessor
of a | ||||||
15 | building containing 3 or more residential units.
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16 | "Tenant" includes occupants of a building or mobile home, | ||||||
17 | whether under a
lease or periodic tenancy.
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18 | "Utility company" includes all suppliers of utility | ||||||
19 | service, including
municipalities.
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20 | "Utility service" includes electric, gas, water, or | ||||||
21 | sanitary utility service
rendered by a utility company to a | ||||||
22 | tenant at a specific location.
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23 | (b) Sentence.
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24 | A first conviction for a violation of subsection (a)
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25 | Criminal housing management is a Class A misdemeanor. A | ||||||
26 | subsequent
conviction for a violation of subsection (a) is a | ||||||
27 | Class 4 felony. | ||||||
28 | A first conviction for a violation of subsection (a-5) is a | ||||||
29 | petty offense. A second conviction for a violation of | ||||||
30 | subsection (a-5) is a business offense subject to a fine not to | ||||||
31 | exceed $1,500. A third or subsequent conviction for a violation | ||||||
32 | of subsection (a-5) is a Class A misdemeanor.
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33 | (Source: P.A. 85-341.)".
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