Bill Text: IL HB2362 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that 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 a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a 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. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees. Defines "critical infrastructure facility" and "with the intent to damage, destroy, or tamper with equipment of the facility".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2362 Detail]

Download: Illinois-2023-HB2362-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2362 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
720 ILCS 5/2-5.05 new
720 ILCS 5/21-1 from Ch. 38, par. 21-1
720 ILCS 5/21-8
Amends the Criminal Code of 2012. Provides that a person also commits criminal damage to property when he or she intentionally damages, destroys, or tampers with equipment in a critical infrastructure facility without authorization from the critical infrastructure facility. Provides that a violation is: (1) a Class 4 felony when the damage to property does not exceed $500; (2) a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000; and (3) a Class 2 felony when the damage to property exceeds $10,000. Provides that 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 a violation. Provides that it is an affirmative defense to a violation that the owner of the property or land damaged consented to the damage. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees resulting from a violation. Changes the name of the offense of criminal trespass to a nuclear facility to criminal trespass to a critical infrastructure facility. Includes as an element of the offense that the person must have the intent to damage, destroy, or tamper with equipment of the facility. Provides that a person may also be liable in a 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. Provides that a person may also be liable to the owner for court costs and reasonable attorney's fees. Defines "critical infrastructure facility" and "with the intent to damage, destroy, or tamper with equipment of the facility".
LRB103 05048 RLC 50062 b
A BILL FOR
HB2362 LRB103 05048 RLC 50062 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Sections 21-1 and 21-8 and by adding Section 2-5.05
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:
(A) a petroleum or alumina refinery;
(B) an electrical power generating facility,
substation, switching station, electrical control
center, or electric power lines, and associated
equipment infrastructure;
(C) a chemical, polymer, or rubber manufacturing
facility;
(D) a water intake structure, water treatment
facility, wastewater treatment plant, or pump station;
(E) a natural gas compressor station;
(F) a liquid natural gas terminal or storage

HB2362 - 2 - LRB103 05048 RLC 50062 b
facility;
(G) a telecommunications central switching office;
(H) a wireless telecommunications infrastructure,
including cell towers, telephone poles and lines,
including fiber optic lines;
(I) a port, railroad switching yard, railroad
tracks, trucking terminal, or other freight
transportation facility;
(J) a gas processing plant, including a plant used
in the processing, treatment or fractionation of
natural gas or natural gas liquids;
(K) a transmission facility used by a federally
licensed radio or television station;
(L) a steelmaking facility;
(M) a facility identified and regulated by the
United States Department of Homeland Security Chemical
Facility Anti-Terrorism Standards (CFATS) program;
(N) a dam that is regulated by the State or federal
government;
(O) a 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) a crude oil or refined products storage and
distribution facility including, but not limited to,

HB2362 - 3 - LRB103 05048 RLC 50062 b
valve sites, pipeline interconnections, pump station,
metering station, below or aboveground pipeline or
piping, or truck loading or off-loading facility or an
aboveground pipeline that is under construction that
is clearly marked that entry is forbidden;
(Q) a nuclear facility as defined in Section 3 of
the Illinois Nuclear Safety Preparedness Act;
(R) a manufacturing facility that is engaged in
activities described in Codes 3111 through 339999 of
the 2017 North American Industry Classification System
(NAICS);
(S) a coal mine; or
(T) a 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, or
other physical barrier.
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(a) A person commits criminal damage to property when he
or she:
(1) knowingly damages any property of another;
(2) recklessly by means of fire or explosive damages

HB2362 - 4 - LRB103 05048 RLC 50062 b
property of another;
(3) knowingly starts a fire on the land of another;
(4) knowingly injures a domestic animal of another
without his or her consent;
(5) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building;
(6) knowingly damages any property, other than as
described in paragraph (2) of subsection (a) of Section
20-1, with intent to defraud an insurer;
(7) knowingly shoots a firearm at any portion of a
railroad train;
(8) knowingly, without proper authorization, cuts,
injures, damages, defaces, destroys, or tampers with any
fire hydrant or any public or private fire fighting
equipment, or any apparatus appertaining to fire fighting
equipment; or
(9) intentionally, without proper authorization, opens
any fire hydrant; or
(10) intentionally damages, destroys, or tampers with
equipment in a critical infrastructure facility without
authorization from the critical infrastructure facility.
(b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier

HB2362 - 5 - LRB103 05048 RLC 50062 b
of fact as either exceeding or not exceeding the specified
value.
(c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5), or (10) of subsection (a) of this
Section that the owner of the property or land damaged
consented to the damage.
(d) Sentence.
(1) A violation of subsection (a) shall have the
following penalties:
(A) A violation of paragraph (8) or (9) is a Class
B misdemeanor.
(B) A violation of paragraph (1), (2), (3), (5),
or (6) is a Class A misdemeanor when the damage to
property does not exceed $500.
(C) A violation of paragraph (1), (2), (3), (5),
or (6) is a Class 4 felony when the damage to property
does not exceed $500 and the damage occurs to property
of a school or place of worship or to farm equipment or
immovable items of agricultural production, including
but not limited to grain elevators, grain bins, and
barns or property which memorializes or honors an
individual or group of police officers, fire fighters,
members of the United States Armed Forces, National
Guard, or veterans.
(D) A violation of paragraph (4) is a Class 4
felony when the damage to property does not exceed

HB2362 - 6 - LRB103 05048 RLC 50062 b
$10,000.
(E) A violation of paragraph (7) is a Class 4
felony.
(F) A violation of paragraph (1), (2), (3), (5) or
(6) is a Class 4 felony when the damage to property
exceeds $500 but does not exceed $10,000.
(G) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$500 but does not exceed $10,000 and the damage occurs
to property of a school or place of worship or to farm
equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which
memorializes or honors an individual or group of
police officers, fire fighters, members of the United
States Armed Forces, National Guard, or veterans.
(H) A violation of paragraphs (1) through (6) is a
Class 3 felony when the damage to property exceeds
$10,000 but does not exceed $100,000.
(I) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$10,000 but does not exceed $100,000 and the damage
occurs to property of a school or place of worship or
to farm equipment or immovable items of agricultural
production, including but not limited to grain
elevators, grain bins, and barns or property which

HB2362 - 7 - LRB103 05048 RLC 50062 b
memorializes or honors an individual or group of
police officers, fire fighters, members of the United
States Armed Forces, National Guard, or veterans.
(J) A violation of paragraphs (1) through (6) is a
Class 2 felony when the damage to property exceeds
$100,000. A violation of paragraphs (1) through (6) is
a Class 1 felony when the damage to property exceeds
$100,000 and the damage occurs to property of a school
or place of worship or to farm equipment or immovable
items of agricultural production, including but not
limited to grain elevators, grain bins, and barns or
property which memorializes or honors an individual or
group of police officers, fire fighters, members of
the United States Armed Forces, National Guard, or
veterans.
(K) A violation of paragraph (10) is a Class 4
felony when the damage to property does not exceed
$500.
(L) A violation of paragraph (10) is a Class 3
felony when the damage to property exceeds $500 but
does not exceed $10,000.
(M) A violation of paragraph (10) is a Class 2
felony when the damage to property exceeds $10,000.
(1.5) A person may be liable in a civil action for
money damages to the owner of the critical infrastructure
facility for any damage resulting from a violation of

HB2362 - 8 - LRB103 05048 RLC 50062 b
paragraph (10). A person may also be liable to the owner
for court costs and reasonable attorney's fees resulting
from a violation of paragraph (10).
(2) When the damage to property exceeds $10,000, the
court shall impose upon the offender a fine equal to the
value of the damages to the property.
(3) In addition to any other sentence that may be
imposed, a court shall order any person convicted of
criminal damage to property to perform community service
for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction and is
funded and approved by the county board of the county
where the offense was committed. In addition, whenever any
person is placed on supervision for an alleged offense
under this Section, the supervision shall be conditioned
upon the performance of the community service.
The community service requirement does not apply when
the court imposes a sentence of incarceration.
(4) In addition to any criminal penalties imposed for
a violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the
person is liable in a civil action to the owner of any
crops damaged or destroyed for money damages up to twice
the market value of the crops damaged or destroyed.

HB2362 - 9 - LRB103 05048 RLC 50062 b
(5) For the purposes of this subsection (d), "farm
equipment" means machinery or other equipment used in
farming.
(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
(720 ILCS 5/21-8)
Sec. 21-8. Criminal trespass to a critical infrastructure
nuclear facility.
(a) A person commits criminal trespass to a critical
infrastructure nuclear facility when he or she intentionally
knowingly and without lawful authority, and with intent to
damage, destroy, or tamper with equipment of the facility:
(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

HB2362 - 10 - LRB103 05048 RLC 50062 b
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) In this Section, "with intent to damage, destroy, or
tamper with equipment of the facility" means actions that
create a serious risk for loss of human life, serious risk of
harm to public health, or a serious risk of significant damage
to the environment.
(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) 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;
(ii) picketing occurring at the workplace that is
otherwise lawful and arises out of a bona fide labor

HB2362 - 11 - LRB103 05048 RLC 50062 b
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 103rd General Assembly shall be
deemed to limit or impede the right to free speech or
assembly, including, but not limited to, protesting and
picketing.
(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.
(e) A person may also be liable in a civil action for money
damages to the owner of the critical infrastructure facility
for any damage to personal or real property of the facility

HB2362 - 12 - LRB103 05048 RLC 50062 b
resulting from the trespass. A person may also be liable to the
owner for court costs and reasonable attorney's fees.
(Source: P.A. 97-1108, eff. 1-1-13.)