

Representatives of more than 50 groups statewide said during a news conference Tuesday morning at the Capitol that House Bill 1633 provides protections to “big industry” that could harm the environment and intimidate potential protesters.





Mark Denzler, president and CEO of the Illinois Manufacturers’ Association, said the bill isn't an attempt to stifle the voices of anyone who wants to protest.

"They can protest," Denzler said. "We’re looking at the individual who's committing more enhanced crime by knowingly damaging infrastructure."

Denzler said a claim made during the news conference that the bill could be used to prosecute someone who spray paints a utility pole is false, and that the words “defacing” and “vandalism” were removed from the bill in the negotiation process.

"We’re seeing more protest, but we’re seeing more protests where they’re intentionally damaging or destroying infrastructure,” Denzler said.

But Cary Shepherd, policy director of the Illinois Environmental Council, said the language of the bill is misleading and broad.

He said it gives the impression it would apply only to larger facilities, like nuclear power plants, when it could also be applied to prosecute anyone who defaces or causes “minor damage to an abandoned rail yard.”

Plus, he added, the bill is unnecessary because there are federal and state laws that cover damage to critical infrastructure facilities as well as trespassing.

“So this is nothing but an increase in sentencing,” Shepherd said.

Under the bill, criminal damage to a critical infrastructure facility would constitute a Class 3 felony and would be punishable by imprisonment, a $100,000 fine or both.

Criminal trespass to a critical infrastructure facility would be prosecuted as a Class 4 felony with the possibility of prison and a minimum fine of $1,000, while aggravated criminal trespass would be a Class 3 felony punishable by prison time and a minimum $10,000 fine.

The bill was scheduled to be heard in a Senate committee Tuesday, but the meeting was canceled.


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