Illinois 2023-2024 Regular Session

Illinois House Bill HB2362

Introduced
2/14/23  
Introduced
2/14/23  
Refer
2/21/23  
Refer
2/14/23  
Refer
3/10/23  
Refer
2/21/23  
Refer
3/10/23  

Caption

CRIM CD-CRITICAL INFRASTRUCTRE

Impact

This legislation is significant as it expands the legal definition and protections surrounding critical infrastructure, which includes facilities such as power plants, chemical manufacturing sites, and telecommunications infrastructure. By defining what constitutes a 'critical infrastructure facility' and the associated legal penalties for unauthorized entry and damage, the bill reinforces accountability and provides a clearer legal framework to respond to incidents of vandalism or destruction of these vital assets. Moreover, it opens the possibility for civil liability, allowing facility owners to seek damages in civil court.

Summary

House Bill 2362 amends the Criminal Code of 2012 to enhance protections for critical infrastructure facilities by introducing provisions related to criminal damage and trespassing. Specifically, it establishes that intentionally damaging or tampering with equipment in critical infrastructure facilities without authorization constitutes criminal damage to property. The bill categorizes violations based on the extent of the damage: a Class 4 felony for damages not exceeding $500, a Class 3 felony for damages between $500 and $10,000, and a Class 2 felony for damages exceeding $10,000.

Contention

One notable point of contention around HB2362 is the balance between security measures and individual rights. Proponents argue that the bill strengthens the security and operational integrity of critical infrastructure, which is essential for public safety and economic stability. However, critics raise concerns about potential overreach, as the definitions may lead to aggressive enforcement against protests or lawful civil actions. There is apprehension that individuals advocating for environmental or labor rights could face disproportionate penalties under this new legislative framework, potentially stifling free expression.

Consent_defense

Additionally, the bill allows for an affirmative defense if the owner of the property consented to the damage, which could complicate legal interpretations and enforcement in contested situations, such as community protest against facility operations. This aspect may lead to varied outcomes in different jurisdictions, based on how consent is defined and proven.

Companion Bills

No companion bills found.

Similar Bills

IL SB1312

CRIM CD-CRITICAL INFRASTRUCTRE

IL SB0283

CRIM CD-CRITICAL INFRASTRUCTRE

IL SB3086

CRIM CD-CRITICAL INFRASTRUCTRE

PA SB683

In burglary and other criminal intrusion, providing for offenses relating to critical infrastructure facilities; and imposing penalties.

PA SB819

In burglary and other criminal intrusion, providing for offenses relating to critical infrastructure facilities; and imposing penalties.

KY SB16

AN ACT relating to agricultural key infrastructure assets.

MN SF1493

Critical infrastructure liability and vicarious liability for trespass to critical infrastructure establishment; recruiting or educating individuals to trespass on or damage critical infrastructure crime creation

MN HF1445

Liability and vicarious liability for trespass to critical infrastructure created, and crime for recruiting or educating individuals to trespass on or damage critical infrastructure created.