100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3838

 

Introduced , by Rep. Michael Halpin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 5/21-8.5 new

    Amends the Criminal Code of 2012. Creates the offense of criminal trespass to a critical infrastructure facility. Provides that a person commits the offense when he or she knowingly: (1) operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or (2) allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility. Provides exemptions. Defines "critical infrastructure facility". Provides that a violation is a Class A misdemeanor.


LRB100 09729 RLC 19898 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3838LRB100 09729 RLC 19898 b

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 21-8.5 as follows:
 
6    (5 ILCS 5/21-8.5 new)
7    Sec. 21-8.5. Criminal trespass to a critical
8infrastructure facility.
9    (a) As used in this Section, "critical infrastructure
10facility" means any of the following facilities, if completely
11enclosed by a fence or other physical barrier that is obviously
12designed to exclude intruders, or if marked with a sign
13conspicuously posted on the property that indicates that entry
14is forbidden:
15        (1) a petroleum or alumina refinery;
16        (2) an electrical power generating facility,
17    substation, switching station or electrical control
18    center;
19        (3) a chemical, polymer or rubber manufacturing
20    facility;
21        (4) a water intake structure, water treatment
22    facility, wastewater treatment plant or pump station;
23        (5) a natural gas compressor station;

 

 

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1        (6) a liquid natural gas terminal or storage facility;
2        (7) a telecommunications central switching office;
3        (8) a port, railroad switching yard, trucking terminal
4    or other freight transportation facility;
5        (9) a gas processing plant, including a plant used in
6    the processing, treatment or fractionation of natural gas;
7        (10) a transmission facility used by a federally
8    licensed radio or television station;
9        (11) a steelmaking facility that uses an electric arc
10    furnace to make steel;
11        (12) a dam that is classified as a high hazard by the
12    Illinois Emergency Management Agency;
13        (13) any portion of an aboveground oil, gas or chemical
14    pipeline that is enclosed by a fence or other physical
15    barrier that is obviously designed to exclude intruders; or
16        (14) a correctional facility or law enforcement
17    facility.
18    (b) Except as provided in subsection (c) of this Section, a
19person commits criminal trespass to a critical infrastructure
20facility when he or she knowingly:
21        (1) operates an unmanned aircraft system over a
22    critical infrastructure facility at an altitude not higher
23    than 400 feet above ground level; or
24        (2) allows an unmanned aircraft system to make contact
25    with a critical infrastructure facility, including any
26    person or object on the premises of or within the facility.

 

 

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1    (c) This Section does not apply to:
2        (1) The federal government.
3        (2) A public body.
4        (3) A law enforcement agency.
5        (4) A person under contract with or otherwise acting
6    under the direction or on behalf of the federal government,
7    a public body or a law enforcement agency.
8        (5) An owner or operator of the critical infrastructure
9    facility.
10        (6) A person who has the prior written consent of the
11    owner or operator of the critical infrastructure facility.
12        (7) The owner or occupant of the property on which the
13    critical infrastructure facility is located.
14        (8) A person who has the prior written consent of the
15    owner or occupant of the property on which the critical
16    infrastructure facility is located.
17        (9) A person operating an unmanned aircraft system for
18    commercial purposes in compliance with authorization
19    granted by the Federal Aviation Administration.
20    (d) Sentence. Criminal trespass to a critical
21infrastructure facility is a Class A misdemeanor.