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[ House Amendment 001 ] |
92_HB3032 LRB9206541RCcdA 1 AN ACT in relation to criminal law, which may be referred 2 to as the Robb Family Law. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 adding Section 12-5.3 as follows: 7 (720 ILCS 5/12-5.3 new) 8 Sec. 12-5.3. Criminal landlord negligence. 9 (a) A person commits the offense of criminal landlord 10 negligence when: 11 (1) he or she is the owner or manager of 12 residential real estate, whether as a legal or equitable 13 owner or as a managing agent or otherwise; and 14 (2) he or she negligently permits the physical 15 condition or facilities of the residential real estate to 16 become or remain in any condition that endangers the 17 health or safety of any person, including, but not 18 limited to, failure to comply with federal, State, and 19 municipal ordinances relating to the installation of life 20 saving equipment including smoke detectors and carbon 21 monoxide detectors; and 22 (3) a person who rents that residential real estate 23 or a guest of that tenant dies or suffers permanent 24 disability or disfigurement or great bodily harm; and 25 (4) the death, permanent disability or 26 disfigurement, or great bodily harm is caused by the 27 condition or facilities of the residential real estate. 28 (b) Sentence. Criminal landlord negligence is a Class 3 29 felony if the tenant or guest of the tenant dies and a Class 30 4 felony if the tenant or guest of the tenant suffers 31 permanent disability or disfigurement or great bodily harm. -2- LRB9206541RCcdA 1 In addition to any other penalty imposed by the court, the 2 court shall order the defendant to pay restitution to the 3 person injured as a result of a violation of this Section or 4 to the next of kin in case a person dies as a result of a 5 violation of this Section. 6 (c) Upon a conviction for a violation of this Section, 7 the residential real estate described in this Section may be 8 abated as a public nuisance and forfeited to the county whose 9 State's Attorney maintained the prosecution. 10 (d) This Section does not apply to any act or omission 11 by the Chicago Housing Authority or any of its officers or 12 employees.