HB 1633

Abstract

Amends the Criminal Code of 2012. Creates the offense of criminal damage to a critical infrastructure facility for a person who knowingly damages, destroys, vandalizes, defaces, or tampers with equipment in a critical infrastructure facility. Provides the penalty is a Class 1 felony punishable by a fine of $100,000, imprisonment, or both. Expands the offense of criminal trespass to a nuclear facility to include other critical infrastructure facilities. Provides the penalty is a Class 4 felony punishable by a fine of not less than $1,000, imprisonment, or both. Creates the offense of aggravated criminal trespass to a critical infrastructure facility for a person who commits a criminal trespass to a critical infrastructure facility with the intent to damage, destroy, vandalize, deface, or tamper with equipment of the facility, or impede or inhibit operations of the facility. Provides the penalty is a Class 3 felony punishable by a fine of not less than $10,000, imprisonment, or both. Provides if a business, corporation, or organization is convicted of conspiracy to commit any of the offenses the entity shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Provides a person may be liable in any 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 any of the offenses, and that a person may also be liable to the owner for court costs and reasonable attorney's fees. Provides for exemptions. Defines "critical infrastructure facility". House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Adds coal mines and any mining operation, including any processing equipment, batching operation, or support facility for that mining operation to the definition of "critical infrastructure facility". Provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Provides that criminal damage to a critical infrastructure facility is a Class 3 felony (rather than a Class 1 felony). Provides exemptions. Makes other changes. Fiscal Note, House Committee Amendment No. 1 (Office of the Attorney General) The proposed legislation, HB 1633 (H-AM 1) would not have a significant fiscal impact on our Office as the new offenses established by this bill would primarily be handled by local county State's Attorney Offices. Fiscal impact: Minimal Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts) This legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Fiscal Note, House Committee Amendment No. 1 (Illinois State Police) If House Bill 1633 (H-AM 1) were to become law, there would be no additional fiscal impact to the Illinois State Police. House Floor Amendment No. 3 Deletes reference to: 720 ILCS 5/8-2 Deletes language that provides that a business, corporation, or organization convicted of conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility shall, in addition to any other applicable penalty, be sentenced to a fine of not less than 10 times the minimum fine authorized for the offense. Deletes language that provides that a business, corporation, or organization may be liable for conspiracy to commit criminal damage to a critical infrastructure facility, criminal trespass to a critical infrastructure facility, or aggravated criminal trespass to a critical infrastructure facility if the business, corporation, or organization intentionally sponsors, funds, or pays for an individual who causes substantial harm through the commission of any of those offenses. Correctional Note, House Committee Amendment No. 1 (Dept of Corrections) The total impact of House Bill 1633, as amended, would result in an increase of 1 offender, with additional marginal costs of $96,200 over the first ten years after enactment. These calculations are based on limited accessible data and estimates may vary depending on how cases are prosecuted and plea bargained. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority.