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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.
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