Illinois 2023-2024 Regular Session

Illinois House Bill HB2362 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2362 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 720 ILCS 5/2-5.05 new720 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2362 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 720 ILCS 5/2-5.05 new720 ILCS 5/21-1 from Ch. 38, par. 21-1 720 ILCS 5/21-8 720 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 LRB103 05048 RLC 50062 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2362 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/2-5.05 new720 ILCS 5/21-1 from Ch. 38, par. 21-1 720 ILCS 5/21-8 720 ILCS 5/2-5.05 new 720 ILCS 5/21-1 from Ch. 38, par. 21-1 720 ILCS 5/21-8
4	4	720 ILCS 5/2-5.05 new
5	5	720 ILCS 5/21-1 from Ch. 38, par. 21-1
6	6	720 ILCS 5/21-8
7	7	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".
8	8	LRB103 05048 RLC 50062 b LRB103 05048 RLC 50062 b
9	9	LRB103 05048 RLC 50062 b
10	10	A BILL FOR
11	11	HB2362LRB103 05048 RLC 50062 b HB2362 LRB103 05048 RLC 50062 b
12	12	HB2362 LRB103 05048 RLC 50062 b
13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Criminal Code of 2012 is amended by
17	17	5 changing Sections 21-1 and 21-8 and by adding Section 2-5.05
18	18	6 as follows:
19	19	7 (720 ILCS 5/2-5.05 new)
20	20	8 Sec. 2-5.05. Critical infrastructure facility. "Critical
21	21	9 infrastructure facility" means:
22	22	10 (1) any one of the following, if completely enclosed
23	23	11 by a fence or other physical barrier that is obviously
24	24	12 designed to exclude intruders:
25	25	13 (A) a petroleum or alumina refinery;
26	26	14 (B) an electrical power generating facility,
27	27	15 substation, switching station, electrical control
28	28	16 center, or electric power lines, and associated
29	29	17 equipment infrastructure;
30	30	18 (C) a chemical, polymer, or rubber manufacturing
31	31	19 facility;
32	32	20 (D) a water intake structure, water treatment
33	33	21 facility, wastewater treatment plant, or pump station;
34	34	22 (E) a natural gas compressor station;
35	35	23 (F) a liquid natural gas terminal or storage
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2362 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
40	40	720 ILCS 5/2-5.05 new720 ILCS 5/21-1 from Ch. 38, par. 21-1 720 ILCS 5/21-8 720 ILCS 5/2-5.05 new 720 ILCS 5/21-1 from Ch. 38, par. 21-1 720 ILCS 5/21-8
41	41	720 ILCS 5/2-5.05 new
42	42	720 ILCS 5/21-1 from Ch. 38, par. 21-1
43	43	720 ILCS 5/21-8
44	44	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".
45	45	LRB103 05048 RLC 50062 b LRB103 05048 RLC 50062 b
46	46	LRB103 05048 RLC 50062 b
47	47	A BILL FOR
48	48
49	49
50	50
51	51
52	52
53	53	720 ILCS 5/2-5.05 new
54	54	720 ILCS 5/21-1 from Ch. 38, par. 21-1
55	55	720 ILCS 5/21-8
56	56
57	57
58	58
59	59	LRB103 05048 RLC 50062 b
60	60
61	61
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69	HB2362 LRB103 05048 RLC 50062 b
70	70
71	71
72	72	HB2362- 2 -LRB103 05048 RLC 50062 b HB2362 - 2 - LRB103 05048 RLC 50062 b
73	73	HB2362 - 2 - LRB103 05048 RLC 50062 b
74	74	1 facility;
75	75	2 (G) a telecommunications central switching office;
76	76	3 (H) a wireless telecommunications infrastructure,
77	77	4 including cell towers, telephone poles and lines,
78	78	5 including fiber optic lines;
79	79	6 (I) a port, railroad switching yard, railroad
80	80	7 tracks, trucking terminal, or other freight
81	81	8 transportation facility;
82	82	9 (J) a gas processing plant, including a plant used
83	83	10 in the processing, treatment or fractionation of
84	84	11 natural gas or natural gas liquids;
85	85	12 (K) a transmission facility used by a federally
86	86	13 licensed radio or television station;
87	87	14 (L) a steelmaking facility;
88	88	15 (M) a facility identified and regulated by the
89	89	16 United States Department of Homeland Security Chemical
90	90	17 Facility Anti-Terrorism Standards (CFATS) program;
91	91	18 (N) a dam that is regulated by the State or federal
92	92	19 government;
93	93	20 (O) a natural gas distribution utility facility
94	94	21 including, but not limited to, pipeline
95	95	22 interconnections, a city gate or town border station,
96	96	23 metering station, aboveground piping, regulator
97	97	24 station, or natural gas storage facility;
98	98	25 (P) a crude oil or refined products storage and
99	99	26 distribution facility including, but not limited to,
100	100
101	101
102	102
103	103
104	104
105	105	HB2362 - 2 - LRB103 05048 RLC 50062 b
106	106
107	107
108	108	HB2362- 3 -LRB103 05048 RLC 50062 b HB2362 - 3 - LRB103 05048 RLC 50062 b
109	109	HB2362 - 3 - LRB103 05048 RLC 50062 b
110	110	1 valve sites, pipeline interconnections, pump station,
111	111	2 metering station, below or aboveground pipeline or
112	112	3 piping, or truck loading or off-loading facility or an
113	113	4 aboveground pipeline that is under construction that
114	114	5 is clearly marked that entry is forbidden;
115	115	6 (Q) a nuclear facility as defined in Section 3 of
116	116	7 the Illinois Nuclear Safety Preparedness Act;
117	117	8 (R) a manufacturing facility that is engaged in
118	118	9 activities described in Codes 3111 through 339999 of
119	119	10 the 2017 North American Industry Classification System
120	120	11 (NAICS);
121	121	12 (S) a coal mine; or
122	122	13 (T) a mining operation, including any processing
123	123	14 equipment, batching operation, or support facility for
124	124	15 that mining operation; or
125	125	16 (2) any aboveground portion of an oil, gas, hazardous
126	126	17 liquid or chemical pipeline, tank, railroad facility, or
127	127	18 other storage facility that is enclosed by a fence, or
128	128	19 other physical barrier.
129	129	20 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
130	130	21 Sec. 21-1. Criminal damage to property.
131	131	22 (a) A person commits criminal damage to property when he
132	132	23 or she:
133	133	24 (1) knowingly damages any property of another;
134	134	25 (2) recklessly by means of fire or explosive damages
135	135
136	136
137	137
138	138
139	139
140	140	HB2362 - 3 - LRB103 05048 RLC 50062 b
141	141
142	142
143	143	HB2362- 4 -LRB103 05048 RLC 50062 b HB2362 - 4 - LRB103 05048 RLC 50062 b
144	144	HB2362 - 4 - LRB103 05048 RLC 50062 b
145	145	1 property of another;
146	146	2 (3) knowingly starts a fire on the land of another;
147	147	3 (4) knowingly injures a domestic animal of another
148	148	4 without his or her consent;
149	149	5 (5) knowingly deposits on the land or in the building
150	150	6 of another any stink bomb or any offensive smelling
151	151	7 compound and thereby intends to interfere with the use by
152	152	8 another of the land or building;
153	153	9 (6) knowingly damages any property, other than as
154	154	10 described in paragraph (2) of subsection (a) of Section
155	155	11 20-1, with intent to defraud an insurer;
156	156	12 (7) knowingly shoots a firearm at any portion of a
157	157	13 railroad train;
158	158	14 (8) knowingly, without proper authorization, cuts,
159	159	15 injures, damages, defaces, destroys, or tampers with any
160	160	16 fire hydrant or any public or private fire fighting
161	161	17 equipment, or any apparatus appertaining to fire fighting
162	162	18 equipment; or
163	163	19 (9) intentionally, without proper authorization, opens
164	164	20 any fire hydrant; or
165	165	21 (10) intentionally damages, destroys, or tampers with
166	166	22 equipment in a critical infrastructure facility without
167	167	23 authorization from the critical infrastructure facility.
168	168	24 (b) When the charge of criminal damage to property
169	169	25 exceeding a specified value is brought, the extent of the
170	170	26 damage is an element of the offense to be resolved by the trier
171	171
172	172
173	173
174	174
175	175
176	176	HB2362 - 4 - LRB103 05048 RLC 50062 b
177	177
178	178
179	179	HB2362- 5 -LRB103 05048 RLC 50062 b HB2362 - 5 - LRB103 05048 RLC 50062 b
180	180	HB2362 - 5 - LRB103 05048 RLC 50062 b
181	181	1 of fact as either exceeding or not exceeding the specified
182	182	2 value.
183	183	3 (c) It is an affirmative defense to a violation of
184	184	4 paragraph (1), (3), or (5), or (10) of subsection (a) of this
185	185	5 Section that the owner of the property or land damaged
186	186	6 consented to the damage.
187	187	7 (d) Sentence.
188	188	8 (1) A violation of subsection (a) shall have the
189	189	9 following penalties:
190	190	10 (A) A violation of paragraph (8) or (9) is a Class
191	191	11 B misdemeanor.
192	192	12 (B) A violation of paragraph (1), (2), (3), (5),
193	193	13 or (6) is a Class A misdemeanor when the damage to
194	194	14 property does not exceed $500.
195	195	15 (C) A violation of paragraph (1), (2), (3), (5),
196	196	16 or (6) is a Class 4 felony when the damage to property
197	197	17 does not exceed $500 and the damage occurs to property
198	198	18 of a school or place of worship or to farm equipment or
199	199	19 immovable items of agricultural production, including
200	200	20 but not limited to grain elevators, grain bins, and
201	201	21 barns or property which memorializes or honors an
202	202	22 individual or group of police officers, fire fighters,
203	203	23 members of the United States Armed Forces, National
204	204	24 Guard, or veterans.
205	205	25 (D) A violation of paragraph (4) is a Class 4
206	206	26 felony when the damage to property does not exceed
207	207
208	208
209	209
210	210
211	211
212	212	HB2362 - 5 - LRB103 05048 RLC 50062 b
213	213
214	214
215	215	HB2362- 6 -LRB103 05048 RLC 50062 b HB2362 - 6 - LRB103 05048 RLC 50062 b
216	216	HB2362 - 6 - LRB103 05048 RLC 50062 b
217	217	1 $10,000.
218	218	2 (E) A violation of paragraph (7) is a Class 4
219	219	3 felony.
220	220	4 (F) A violation of paragraph (1), (2), (3), (5) or
221	221	5 (6) is a Class 4 felony when the damage to property
222	222	6 exceeds $500 but does not exceed $10,000.
223	223	7 (G) A violation of paragraphs (1) through (6) is a
224	224	8 Class 3 felony when the damage to property exceeds
225	225	9 $500 but does not exceed $10,000 and the damage occurs
226	226	10 to property of a school or place of worship or to farm
227	227	11 equipment or immovable items of agricultural
228	228	12 production, including but not limited to grain
229	229	13 elevators, grain bins, and barns or property which
230	230	14 memorializes or honors an individual or group of
231	231	15 police officers, fire fighters, members of the United
232	232	16 States Armed Forces, National Guard, or veterans.
233	233	17 (H) A violation of paragraphs (1) through (6) is a
234	234	18 Class 3 felony when the damage to property exceeds
235	235	19 $10,000 but does not exceed $100,000.
236	236	20 (I) A violation of paragraphs (1) through (6) is a
237	237	21 Class 2 felony when the damage to property exceeds
238	238	22 $10,000 but does not exceed $100,000 and the damage
239	239	23 occurs to property of a school or place of worship or
240	240	24 to farm equipment or immovable items of agricultural
241	241	25 production, including but not limited to grain
242	242	26 elevators, grain bins, and barns or property which
243	243
244	244
245	245
246	246
247	247
248	248	HB2362 - 6 - LRB103 05048 RLC 50062 b
249	249
250	250
251	251	HB2362- 7 -LRB103 05048 RLC 50062 b HB2362 - 7 - LRB103 05048 RLC 50062 b
252	252	HB2362 - 7 - LRB103 05048 RLC 50062 b
253	253	1 memorializes or honors an individual or group of
254	254	2 police officers, fire fighters, members of the United
255	255	3 States Armed Forces, National Guard, or veterans.
256	256	4 (J) A violation of paragraphs (1) through (6) is a
257	257	5 Class 2 felony when the damage to property exceeds
258	258	6 $100,000. A violation of paragraphs (1) through (6) is
259	259	7 a Class 1 felony when the damage to property exceeds
260	260	8 $100,000 and the damage occurs to property of a school
261	261	9 or place of worship or to farm equipment or immovable
262	262	10 items of agricultural production, including but not
263	263	11 limited to grain elevators, grain bins, and barns or
264	264	12 property which memorializes or honors an individual or
265	265	13 group of police officers, fire fighters, members of
266	266	14 the United States Armed Forces, National Guard, or
267	267	15 veterans.
268	268	16 (K) A violation of paragraph (10) is a Class 4
269	269	17 felony when the damage to property does not exceed
270	270	18 $500.
271	271	19 (L) A violation of paragraph (10) is a Class 3
272	272	20 felony when the damage to property exceeds $500 but
273	273	21 does not exceed $10,000.
274	274	22 (M) A violation of paragraph (10) is a Class 2
275	275	23 felony when the damage to property exceeds $10,000.
276	276	24 (1.5) A person may be liable in a civil action for
277	277	25 money damages to the owner of the critical infrastructure
278	278	26 facility for any damage resulting from a violation of
279	279
280	280
281	281
282	282
283	283
284	284	HB2362 - 7 - LRB103 05048 RLC 50062 b
285	285
286	286
287	287	HB2362- 8 -LRB103 05048 RLC 50062 b HB2362 - 8 - LRB103 05048 RLC 50062 b
288	288	HB2362 - 8 - LRB103 05048 RLC 50062 b
289	289	1 paragraph (10). A person may also be liable to the owner
290	290	2 for court costs and reasonable attorney's fees resulting
291	291	3 from a violation of paragraph (10).
292	292	4 (2) When the damage to property exceeds $10,000, the
293	293	5 court shall impose upon the offender a fine equal to the
294	294	6 value of the damages to the property.
295	295	7 (3) In addition to any other sentence that may be
296	296	8 imposed, a court shall order any person convicted of
297	297	9 criminal damage to property to perform community service
298	298	10 for not less than 30 and not more than 120 hours, if
299	299	11 community service is available in the jurisdiction and is
300	300	12 funded and approved by the county board of the county
301	301	13 where the offense was committed. In addition, whenever any
302	302	14 person is placed on supervision for an alleged offense
303	303	15 under this Section, the supervision shall be conditioned
304	304	16 upon the performance of the community service.
305	305	17 The community service requirement does not apply when
306	306	18 the court imposes a sentence of incarceration.
307	307	19 (4) In addition to any criminal penalties imposed for
308	308	20 a violation of this Section, if a person is convicted of or
309	309	21 placed on supervision for knowingly damaging or destroying
310	310	22 crops of another, including crops intended for personal,
311	311	23 commercial, research, or developmental purposes, the
312	312	24 person is liable in a civil action to the owner of any
313	313	25 crops damaged or destroyed for money damages up to twice
314	314	26 the market value of the crops damaged or destroyed.
315	315
316	316
317	317
318	318
319	319
320	320	HB2362 - 8 - LRB103 05048 RLC 50062 b
321	321
322	322
323	323	HB2362- 9 -LRB103 05048 RLC 50062 b HB2362 - 9 - LRB103 05048 RLC 50062 b
324	324	HB2362 - 9 - LRB103 05048 RLC 50062 b
325	325	1 (5) For the purposes of this subsection (d), "farm
326	326	2 equipment" means machinery or other equipment used in
327	327	3 farming.
328	328	4 (Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
329	329	5 (720 ILCS 5/21-8)
330	330	6 Sec. 21-8. Criminal trespass to a critical infrastructure
331	331	7 nuclear facility.
332	332	8 (a) A person commits criminal trespass to a critical
333	333	9 infrastructure nuclear facility when he or she intentionally
334	334	10 knowingly and without lawful authority, and with intent to
335	335	11 damage, destroy, or tamper with equipment of the facility:
336	336	12 (1) enters or remains within a critical infrastructure
337	337	13 nuclear facility or on the grounds of a critical
338	338	14 infrastructure nuclear facility, after receiving notice
339	339	15 before entry that entry to the critical infrastructure
340	340	16 nuclear facility is forbidden;
341	341	17 (2) remains within the critical infrastructure
342	342	18 facility or on the grounds of the facility after receiving
343	343	19 notice from the owner or manager of the facility or other
344	344	20 person authorized by the owner or manager of the facility
345	345	21 to give that notice to depart from the facility or grounds
346	346	22 of the facility; or
347	347	23 (3) enters or remains within a critical infrastructure
348	348	24 nuclear facility or on the grounds of a critical
349	349	25 infrastructure nuclear facility, by presenting false
350	350
351	351
352	352
353	353
354	354
355	355	HB2362 - 9 - LRB103 05048 RLC 50062 b
356	356
357	357
358	358	HB2362- 10 -LRB103 05048 RLC 50062 b HB2362 - 10 - LRB103 05048 RLC 50062 b
359	359	HB2362 - 10 - LRB103 05048 RLC 50062 b
360	360	1 documents or falsely representing his or her identity
361	361	2 orally to the owner or manager of the facility. This
362	362	3 paragraph (3) does not apply to a peace officer or other
363	363	4 official of a unit of government who enters or remains in
364	364	5 the facility in the performance of his or her official
365	365	6 duties.
366	366	7 (a-5) In this Section, "with intent to damage, destroy, or
367	367	8 tamper with equipment of the facility" means actions that
368	368	9 create a serious risk for loss of human life, serious risk of
369	369	10 harm to public health, or a serious risk of significant damage
370	370	11 to the environment.
371	371	12 (b) A person has received notice from the owner or manager
372	372	13 of the facility or other person authorized by the owner or
373	373	14 manager of the facility within the meaning of paragraphs (1)
374	374	15 and (2) of subsection (a) if he or she has been notified
375	375	16 personally, either orally or in writing, or if a printed or
376	376	17 written notice forbidding the entry has been conspicuously
377	377	18 posted or exhibited at the main entrance to the facility or
378	378	19 grounds of the facility or the forbidden part of the facility.
379	379	20 (b-5) This Section does not apply to:
380	380	21 (1) any person or organization:
381	381	22 (i) monitoring or attentive to compliance with
382	382	23 public or worker safety laws, wage and hour
383	383	24 requirements, or other statutory requirements;
384	384	25 (ii) picketing occurring at the workplace that is
385	385	26 otherwise lawful and arises out of a bona fide labor
386	386
387	387
388	388
389	389
390	390
391	391	HB2362 - 10 - LRB103 05048 RLC 50062 b
392	392
393	393
394	394	HB2362- 11 -LRB103 05048 RLC 50062 b HB2362 - 11 - LRB103 05048 RLC 50062 b
395	395	HB2362 - 11 - LRB103 05048 RLC 50062 b
396	396	1 dispute including any controversy concerning wages,
397	397	2 salaries, hours, working conditions or benefits,
398	398	3 including health and welfare, sick leave, insurance,
399	399	4 and pension or retirement provisions, the managing or
400	400	5 maintenance of collective bargaining agreements, and
401	401	6 the terms to be included in those agreements; or
402	402	7 (iii) engaged in union organizing or recruitment
403	403	8 activities including attempting to reach workers
404	404	9 verbally, in writing with pamphlets and in the
405	405	10 investigation of non-union working conditions, or
406	406	11 both; or
407	407	12 (2) an exercise of the right of free speech or
408	408	13 assembly that is otherwise lawful. Nothing in this
409	409	14 amendatory Act of the 103rd General Assembly shall be
410	410	15 deemed to limit or impede the right to free speech or
411	411	16 assembly, including, but not limited to, protesting and
412	412	17 picketing.
413	413	18 (c) (Blank). In this Section, "nuclear facility" has the
414	414	19 meaning ascribed to it in Section 3 of the Illinois Nuclear
415	415	20 Safety Preparedness Act.
416	416	21 (d) Sentence. Criminal trespass to a critical
417	417	22 infrastructure nuclear facility is a Class 4 felony punishable
418	418	23 by a fine of not less than $1,000, imprisonment, or both.
419	419	24 (e) A person may also be liable in a civil action for money
420	420	25 damages to the owner of the critical infrastructure facility
421	421	26 for any damage to personal or real property of the facility
422	422
423	423
424	424
425	425
426	426
427	427	HB2362 - 11 - LRB103 05048 RLC 50062 b
428	428
429	429
430	430	HB2362- 12 -LRB103 05048 RLC 50062 b HB2362 - 12 - LRB103 05048 RLC 50062 b
431	431	HB2362 - 12 - LRB103 05048 RLC 50062 b
432	432	1 resulting from the trespass. A person may also be liable to the
433	433	2 owner for court costs and reasonable attorney's fees.
434	434	3 (Source: P.A. 97-1108, eff. 1-1-13.)
435	435
436	436
437	437
438	438
439	439
440	440	HB2362 - 12 - LRB103 05048 RLC 50062 b