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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3093

Introduced 1/29/2026, by Sen. Sue Rezin

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 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".
LRB104 18940 RLC 32385 b

A BILL FOR

SB3093
LRB104 18940 RLC 32385 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 21-1 and 21-8 and by adding Section 2-5.05
6
as follows:

7

(720 ILCS 5/2-5.05 new)
8

Sec. 2-5.05.
Critical infrastructure facility.
"Critical
9
infrastructure 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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LRB104 18940 RLC 32385 b
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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LRB104 18940 RLC 32385 b
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
23
or she:
24

(1) knowingly damages any property of another;
25

(2) recklessly by means of fire or explosive damages

SB3093
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LRB104 18940 RLC 32385 b
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
25
exceeding a specified value is brought, the extent of the
26
damage is an element of the offense to be resolved by the trier

SB3093
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LRB104 18940 RLC 32385 b
1
of fact as either exceeding or not exceeding the specified
2
value.
3

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

SB3093
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LRB104 18940 RLC 32385 b
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

SB3093
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LRB104 18940 RLC 32385 b
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

SB3093
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LRB104 18940 RLC 32385 b
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.

SB3093
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LRB104 18940 RLC 32385 b
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

7
nuclear
facility.
8

(a) A person commits criminal trespass to a
critical
9
infrastructure

nuclear
facility when he or she
intentionally

10
knowingly
and without lawful authority
, and with intent to
11
damage, 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

SB3093
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LRB104 18940 RLC 32385 b
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
8
tamper with equipment of the facility" means actions that
9
create a serious risk for loss of human life, serious risk of
10
harm to public health, or a serious risk of significant damage
11
to the environment.

12

(b) A person has received notice from the owner or manager
13
of the facility or other person authorized by the owner or
14
manager of the facility within the meaning of paragraphs (1)
15
and (2) of subsection (a) if he or she has been notified
16
personally, either orally or in writing, or if a printed or
17
written notice forbidding the entry has been conspicuously
18
posted or exhibited at the main entrance to the facility or
19
grounds 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

SB3093
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LRB104 18940 RLC 32385 b
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 104th 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
19
meaning ascribed to it in Section 3 of the Illinois Nuclear
20
Safety Preparedness Act.
21

(d) Sentence. Criminal trespass to a
critical
22
infrastructure

nuclear
facility is a Class 4 felony
punishable
23
by 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
25
damages to the owner of the critical infrastructure facility
26
for any damage to personal or real property of the facility

SB3093
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LRB104 18940 RLC 32385 b
1
resulting from the trespass. A person may also be liable to the
2
owner for court costs and reasonable attorney's fees.

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

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