State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB3032

 
                                              LRB9206541RCcdA

 1        AN ACT in relation to criminal law, which may be referred
 2    to as the Robb Family Law.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    adding Section 12-5.3 as follows:

 7        (720 ILCS 5/12-5.3 new)
 8        Sec. 12-5.3. Criminal landlord negligence.
 9        (a)  A  person  commits  the offense of criminal landlord
10    negligence when:
11             (1)  he  or  she  is  the  owner   or   manager   of
12        residential  real estate, whether as a legal or equitable
13        owner or as a managing agent or otherwise; and
14             (2)  he or  she  negligently  permits  the  physical
15        condition or facilities of the residential real estate to
16        become  or  remain  in  any  condition that endangers the
17        health or  safety  of  any  person,  including,  but  not
18        limited  to,  failure  to comply with federal, State, and
19        municipal ordinances relating to the installation of life
20        saving equipment including  smoke  detectors  and  carbon
21        monoxide detectors; and
22             (3)  a person who rents that residential real estate
23        or  a  guest  of  that  tenant  dies or suffers permanent
24        disability or disfigurement or great bodily harm; and
25             (4)  the    death,    permanent    disability     or
26        disfigurement,  or  great  bodily  harm  is caused by the
27        condition or facilities of the residential real estate.
28        (b)  Sentence.  Criminal landlord negligence is a Class 3
29    felony if the tenant or guest of the tenant dies and a  Class
30    4  felony  if  the  tenant  or  guest  of  the tenant suffers
31    permanent disability or disfigurement or great  bodily  harm.
 
                            -2-               LRB9206541RCcdA
 1    In  addition  to  any other penalty imposed by the court, the
 2    court shall order the defendant to  pay  restitution  to  the
 3    person  injured as a result of a violation of this Section or
 4    to the next of kin in  case a person dies as a  result  of  a
 5    violation of this Section.
 6        (c)  Upon  a  conviction for a violation of this Section,
 7    the residential real estate described in this Section may  be
 8    abated as a public nuisance and forfeited to the county whose
 9    State's Attorney maintained the prosecution.
10        (d)  This  Section  does not apply to any act or omission
11    by the Chicago Housing Authority or any of  its  officers  or
12    employees.

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