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".



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A BILL FOR
 


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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 
5changing Sections 21-1 and 21-8 and by adding Section 2-5.05 
6as follows:

7 (720 ILCS 5/2-5.05 new)
8 Sec. 2-5.05. Critical infrastructure facility. "Critical 
9infrastructure facility" means:
10  (1) any one of the following, if completely enclosed 
11 by a fence or other physical barrier that is obviously 
12 designed to exclude intruders:
13   (A) a petroleum or alumina refinery;
14   (B) an electrical power generating facility, 
15 substation, switching station, electrical control 
16 center, or electric power lines, and associated 
17 equipment infrastructure;
18   (C) a chemical, polymer, or rubber manufacturing 
19 facility;
20   (D) a water intake structure, water treatment 
21 facility, wastewater treatment plant, or pump station;
22   (E) a natural gas compressor station;
23   (F) a liquid natural gas terminal or storage 
 
 
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1 facility;
2   (G) a telecommunications central switching office;
3   (H) a wireless telecommunications infrastructure, 
4 including cell towers, telephone poles and lines, 
5 including fiber optic lines;
6   (I) a port, railroad switching yard, railroad 
7 tracks, trucking terminal, or other freight 
8 transportation facility;
9   (J) a gas processing plant, including a plant used 
10 in the processing, treatment or fractionation of 
11 natural gas or natural gas liquids;
12   (K) a transmission facility used by a federally 
13 licensed radio or television station;
14   (L) a steelmaking facility;
15   (M) a facility identified and regulated by the 
16 United States Department of Homeland Security Chemical 
17 Facility Anti-Terrorism Standards (CFATS) program;
18   (N) a dam that is regulated by the State or federal 
19 government;
20   (O) a natural gas distribution utility facility 
21 including, but not limited to, pipeline 
22 interconnections, a city gate or town border station, 
23 metering station, aboveground piping, regulator 
24 station, or natural gas storage facility;
25   (P) a crude oil or refined products storage and 
26 distribution facility including, but not limited to, 
 
 
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1 valve sites, pipeline interconnections, pump station, 
2 metering station, below or aboveground pipeline or 
3 piping, or truck loading or off-loading facility or an 
4 aboveground pipeline that is under construction that 
5 is clearly marked that entry is forbidden;
6   (Q) a nuclear facility as defined in Section 3 of 
7 the Illinois Nuclear Safety Preparedness Act; 
8   (R) a manufacturing facility that is engaged in 
9 activities described in Codes 3111 through 339999 of 
10 the 2017 North American Industry Classification System 
11 (NAICS); 
12   (S) a coal mine; or 
13   (T) a mining operation, including any processing 
14 equipment, batching operation, or support facility for 
15 that mining operation; or 
16  (2) any aboveground portion of an oil, gas, hazardous 
17 liquid or chemical pipeline, tank, railroad facility, or 
18 other storage facility that is enclosed by a fence, or 
19 other physical barrier. 

20 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)

21 Sec. 21-1. Criminal damage to property.

22 (a) A person commits criminal damage to property when he 
23or she:


24  (1) knowingly damages any property of another;


25  (2) recklessly by means of fire or explosive damages 
 
 
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1 property of
another;


2  (3) knowingly starts a fire on the land of another;


3  (4) knowingly injures a domestic animal of another 
4 without his
or her consent;


5  (5) knowingly deposits on the land or in the building 
6 of another any stink bomb or any offensive smelling 
7 compound
and thereby intends to interfere with the use by 
8 another of the land or
building;


9  (6) knowingly damages any property, other than as 
10 described in paragraph (2) of subsection (a) of
Section 
11 20-1, with intent to defraud an insurer;


12  (7) knowingly shoots a firearm at any portion of a 
13 railroad train;
14  (8) knowingly, without proper authorization, cuts, 
15 injures, damages, defaces, destroys, or tampers with any 
16 fire hydrant or any public or private fire fighting 
17 equipment, or any apparatus appertaining to fire fighting 
18 equipment; or
19  (9) intentionally, without proper authorization, opens 
20 any fire hydrant; or
21  (10) intentionally damages, destroys, or tampers with 
22 equipment in a critical infrastructure facility without 
23 authorization from the critical infrastructure facility.


24 (b) When the charge of criminal damage to property 
25exceeding a specified
value is brought, the extent of the 
26damage is an element of the offense to
be resolved by the trier 
 
 
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1of fact as either exceeding or not exceeding
the specified 
2value.


3 (c) It is an affirmative defense to a violation of 
4paragraph (1), (3), or (5), or (10) of subsection (a) of this 
5Section that the owner of the property or land damaged 
6consented to the damage.

7 (d) Sentence.
8  (1) A violation of subsection (a) shall have the 
9 following penalties: 
10   (A) A violation of paragraph (8) or (9) is a Class 
11 B misdemeanor.
12   (B) A violation of paragraph (1), (2), (3), (5), 
13 or (6) is a Class
A misdemeanor when the damage to 
14 property does not exceed $500.
15   (C) A violation of paragraph (1), (2), (3), (5), 
16 or (6) is a Class 4
felony when the damage to
property 
17 does not exceed $500 and the damage occurs to property 
18 of a school
or
place of worship or to farm equipment or 
19 immovable items of agricultural
production, including

20 but not
limited to grain elevators, grain bins, and 
21 barns or property which memorializes or honors an 
22 individual or group of police officers, fire fighters, 
23 members of the United States Armed Forces, National 
24 Guard, or veterans.
25   (D) A violation of paragraph (4) is a Class 4

26 felony when the
damage to property does not exceed 
 
 
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1 $10,000.
2   (E) A violation of paragraph (7) is a Class 4 
3 felony.
4   (F) A violation of paragraph (1), (2), (3), (5) or 
5 (6) is a Class 4 felony when the damage to property

6 exceeds $500 but does not exceed $10,000.
7   (G) A violation of paragraphs (1) through (6) is a 
8 Class 3 felony when the damage to property exceeds 
9 $500 but
does not exceed $10,000 and the damage occurs 
10 to property of a school
or place
of worship or to farm 
11 equipment or immovable items of agricultural

12 production,
including
but not
limited to grain 
13 elevators, grain bins, and barns or property which 
14 memorializes or honors an individual or group of 
15 police officers, fire fighters, members of the United 
16 States Armed Forces, National Guard, or veterans.
17   (H) A violation of paragraphs (1) through (6) is a 
18 Class 3 felony when the damage to property
exceeds 
19 $10,000 but does not exceed $100,000.
20   (I) A violation of paragraphs (1) through (6) is a 
21 Class 2 felony when the damage to property exceeds 
22 $10,000
but does not exceed $100,000 and the damage 
23 occurs to property of a school
or
place of worship or 
24 to farm equipment or immovable items
of agricultural 
25 production, including
but not
limited to grain 
26 elevators, grain bins, and barns or property which 
 
 
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1 memorializes or honors an individual or group of 
2 police officers, fire fighters, members of the United 
3 States Armed Forces, National Guard, or veterans.
4   (J) A violation of paragraphs (1) through (6) is a 
5 Class 2 felony when the damage to property exceeds

6 $100,000. A violation of paragraphs (1) through (6) is 
7 a Class 1 felony when the damage to property exceeds 
8 $100,000 and the damage occurs to property of
a school 
9 or place of worship or to farm equipment or immovable 
10 items
of agricultural production, including
but not

11 limited to grain elevators, grain bins, and barns or 
12 property which memorializes or honors an individual or 
13 group of police officers, fire fighters, members of 
14 the United States Armed Forces, National Guard, or 
15 veterans.
16   (K) A violation of paragraph (10) is a Class 4 
17 felony when the damage to property does not exceed 
18 $500.
19   (L) A violation of paragraph (10) is a Class 3 
20 felony when the damage to property exceeds $500 but 
21 does not exceed $10,000.
22   (M) A violation of paragraph (10) is a Class 2 
23 felony when the damage to property exceeds $10,000. 
24  (1.5) A person may be liable in a civil action for 
25 money damages to the owner of the critical infrastructure 
26 facility for any damage resulting from a violation of 
 
 
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1 paragraph (10). A person may also be liable to the owner 
2 for court costs and reasonable attorney's fees resulting 
3 from a violation of paragraph (10). 
4  (2) When the damage to property exceeds $10,000,
the

5 court shall impose
upon the offender a fine equal to the 
6 value of the damages to the property.


7  (3) In addition to any other sentence that may be 
8 imposed, a court shall
order any person convicted of 
9 criminal damage to property to perform community
service 
10 for not less than 30 and not more than 120 hours, if 
11 community service
is available in the jurisdiction
and is 
12 funded and approved by the county board of the county 
13 where the
offense was committed.
In addition, whenever any 
14 person is placed
on supervision for an alleged offense 
15 under this Section, the supervision shall
be conditioned 
16 upon the performance of the community service.


17  The community service requirement does not apply when 
18 the court imposes a sentence of
incarceration.


19  (4) In addition to any criminal penalties imposed for 
20 a violation of this Section, if a person is convicted of or 
21 placed on supervision for knowingly damaging or destroying 
22 crops of another, including crops intended for personal, 
23 commercial, research, or developmental purposes, the 
24 person is liable in a civil action to the owner of any 
25 crops damaged or destroyed for money damages up to twice 
26 the market value of the crops damaged or destroyed. 
 
 
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1  (5) For the purposes of this subsection (d), "farm 
2 equipment" means machinery
or
other equipment used in 
3 farming. 
4(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)





5 (720 ILCS 5/21-8)



6 Sec. 21-8. Criminal trespass to a critical infrastructure 
7nuclear facility. 

8 (a) A person commits criminal trespass to a critical 
9infrastructure nuclear facility
when he or she
intentionally 
10knowingly and without lawful authority, and with intent to 
11damage, destroy, or tamper with equipment of the facility:


12  (1) enters or remains within a critical infrastructure 
13 nuclear facility or on the grounds of a
critical 
14 infrastructure nuclear
facility, after receiving notice 
15 before entry that entry to the critical infrastructure 
16 nuclear
facility is
forbidden;


17  (2) remains within the critical infrastructure 
18 facility or on the grounds of the facility after
receiving 
19 notice from the owner or manager of the facility or other 
20 person
authorized by the owner or manager of the facility 
21 to give that notice to
depart from
the facility or grounds 
22 of the facility; or

23  (3) enters or remains within a critical infrastructure 
24 nuclear facility or on the grounds of a
critical 
25 infrastructure nuclear
facility, by presenting false 
 
 
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1 documents or falsely representing his or her identity 
2 orally to the owner or manager of the facility. This 
3 paragraph (3) does not apply to a peace officer or other 
4 official of a unit of government who enters or remains in 
5 the facility in the performance of his or her official 
6 duties.

7 (a-5) In this Section, "with intent to damage, destroy, or 
8tamper with equipment of the facility" means actions that 
9create a serious risk for loss of human life, serious risk of 
10harm to public health, or a serious risk of significant damage 
11to the environment. 
12 (b) A person has received notice from the owner or manager 
13of the
facility or other person authorized by the owner or 
14manager of the
facility within the meaning of paragraphs (1) 
15and (2) of subsection (a) if he or she has been
notified 
16personally, either orally or in writing,
or if a printed or 
17written notice forbidding the entry has
been conspicuously 
18posted or exhibited at the main entrance to the
facility or 
19grounds of the facility or the forbidden part of the
facility.

20 (b-5) This Section does not apply to: 
21  (1) any person or
organization:
22   (i) monitoring or attentive to compliance with 
23 public or worker safety laws, wage and hour 
24 requirements, or other statutory requirements;
25   (ii) picketing occurring at the workplace that is 
26 otherwise lawful and arises out of a bona fide labor 
 
 
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1 dispute including any controversy concerning wages, 
2 salaries, hours, working conditions or benefits, 
3 including health and welfare, sick leave, insurance, 
4 and pension or retirement provisions, the managing or 
5 maintenance of collective bargaining agreements, and 
6 the terms to be included in those agreements; or 
7   (iii) engaged in union organizing or recruitment 
8 activities including attempting to reach workers 
9 verbally, in writing with pamphlets and in the 
10 investigation of non-union working conditions, or 
11 both; or 
12  (2) an exercise of the
right of free speech or 
13 assembly that is otherwise lawful. Nothing in this 
14 amendatory Act of the 103rd General Assembly shall be 
15 deemed to limit or impede the right to free speech or 
16 assembly, including, but not limited to, protesting and 
17 picketing. 
18 (c) (Blank). In this Section, "nuclear facility" has the 
19meaning ascribed
to it in Section 3 of the Illinois Nuclear 
20Safety Preparedness Act.

21 (d) Sentence. Criminal trespass to a critical 
22infrastructure nuclear facility is a
Class 4 felony punishable 
23by a fine of not less than $1,000, imprisonment, or both. 
24 (e) A person may also be liable in a civil action for money 
25damages to the owner of the critical infrastructure facility 
26for any damage to personal or real property of the facility 
 
 
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1resulting from the trespass. A person may also be liable to the 
2owner for court costs and reasonable attorney's fees. 

3(Source: P.A. 97-1108, eff. 1-1-13.)