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Public Act 094-0263 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 21-3, 21-5, 21-7, 21-8, and 21-9 as follows:
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(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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Sec. 21-3. Criminal trespass to real property.
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(a) Whoever:
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(1) knowingly and without lawful authority enters or | ||||
remains within or on
a building; or
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(2) enters upon the land of another, after receiving, | ||||
prior to such entry,
notice from the owner or occupant that | ||||
such entry is forbidden; or
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(3) remains upon the land of another, after receiving | ||||
notice from the
owner or occupant to depart; or
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(3.5) presents false documents or falsely represents | ||||
his or her identity orally to the owner or occupant of a | ||||
building or land in order to obtain permission from the | ||||
owner or occupant to enter or remain in the building or on | ||||
the land; or
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(4) enters upon one of the following areas in or on a | ||||
motor vehicle
(including an off-road vehicle, motorcycle, | ||||
moped, or any other powered
two-wheel vehicle), after | ||||
receiving prior to that entry, notice from the owner
or | ||||
occupant that the entry is forbidden or remains upon or in | ||||
the area after
receiving notice from the owner or occupant | ||||
to depart:
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(A) any field that is used for growing crops or | ||||
which is capable of
being used for growing crops; or
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(B) an enclosed area containing livestock; or
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(C) or an orchard; or
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(D) a barn or other agricultural building |
containing livestock;
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commits a Class B misdemeanor.
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For purposes of item (1) of this subsection, this Section | ||
shall not apply
to being in a building which is open to the | ||
public while the building is open
to the public during its | ||
normal hours of operation; nor shall this Section
apply to a | ||
person who enters a public building under the reasonable belief | ||
that
the building is still open to the public.
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(b) A person has received notice from the owner or occupant | ||
within the
meaning of Subsection (a) if he has been notified | ||
personally, either orally
or in writing including a valid court | ||
order as defined by subsection (7)
of Section 112A-3 of the | ||
Code of Criminal Procedure of 1963 granting remedy
(2) of | ||
subsection (b) of Section 112A-14 of that Code, or if a printed | ||
or
written notice forbidding such entry has been conspicuously | ||
posted or
exhibited at the main entrance to such land or the | ||
forbidden part thereof.
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(c) This Section does not apply to any person, whether a | ||
migrant worker
or otherwise, living on the land with permission | ||
of the owner or of his
agent having apparent authority to hire | ||
workers on such land and assign
them living quarters or a place | ||
of accommodations for living thereon, nor
to anyone living on | ||
such land at the request of, or by occupancy, leasing
or other | ||
agreement or arrangement with the owner or his agent, nor to
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anyone invited by such migrant worker or other person so living | ||
on such
land to visit him at the place he is so living upon the | ||
land.
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(d) A person shall be exempt from prosecution under this | ||
Section if
he beautifies unoccupied and abandoned residential | ||
and industrial properties
located within any municipality. For | ||
the purpose of this subsection,
"unoccupied and abandoned | ||
residential and industrial property" means any
real estate (1) | ||
in which the taxes have not been paid for a period of at
least 2 | ||
years; and (2) which has been left unoccupied and abandoned for | ||
a
period of at least one year; and "beautifies" means to | ||
landscape, clean up
litter, or to repair dilapidated conditions |
on or to board up windows
and doors.
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(e) No person shall be liable in any civil action for money | ||
damages
to the owner of unoccupied and abandoned residential | ||
and industrial property
which that person beautifies pursuant | ||
to subsection (d) of this Section.
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(f) This Section does not prohibit a person from entering a | ||
building or
upon the land of another for emergency purposes. | ||
For purposes of this
subsection (f), "emergency" means a | ||
condition or circumstance in which an
individual is or is | ||
reasonably believed by the person to be in imminent danger
of | ||
serious bodily harm or in which property is or is reasonably | ||
believed to be
in imminent danger of damage or destruction. | ||
(g) Paragraph (3.5) of subsection (a) does not apply to a | ||
peace officer or other official of a unit of government who | ||
enters a building or land in the performance of his or her | ||
official duties.
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(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | ||
eff.
8-9-96; 90-419, eff. 8-15-97.)
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(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
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Sec. 21-5. Criminal
Trespass to State Supported Land.
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(a) Whoever enters upon land supported in whole or in part | ||
with State
funds, or Federal funds administered or granted | ||
through State agencies or
any building on such land, after | ||
receiving, prior to such
entry, notice from the State or its | ||
representative that such entry is
forbidden, or remains upon | ||
such land or in such building after receiving
notice from the | ||
State or its representative to depart, and who thereby
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interferes with another person's lawful use or enjoyment of | ||
such building
or land, commits a Class A misdemeanor.
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(b) A person has received notice from the State within the | ||
meaning of
subsection (a)
sub-section (1) if he has been | ||
notified personally, either orally or in
writing, or if a | ||
printed or written notice forbidding such entry to him or
a | ||
group of which he is a part, has been conspicuously posted or | ||
exhibited
at the main entrance to such land or the forbidden |
part thereof. | ||
(c) Whoever enters upon land supported in whole or in part | ||
with State
funds, or federal funds administered or granted | ||
through State agencies or
any building on such land by | ||
presenting false documents or falsely representing his or her | ||
identity orally to the State or its representative in order to | ||
obtain permission from the State or its representative to enter | ||
the building or land; or remains upon such land or in such | ||
building by presenting false documents or falsely representing | ||
his or her identity orally to the State or its representative | ||
in order to remain upon such land or in such building, and who | ||
thereby
interferes with another person's lawful use or | ||
enjoyment of such building
or land, commits a Class A | ||
misdemeanor. | ||
Subsection (c) does not apply to a peace officer or other | ||
official of a unit of government who enters upon land supported | ||
in whole or in part with State
funds, or federal funds | ||
administered or granted through State agencies or
any building | ||
on such land in the performance of his or her official duties.
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(Source: P.A. 84-1041.)
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(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
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Sec. 21-7. Criminal trespass to Restricted areas and | ||
restricted Landing
areas at airports. )
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(a) Whoever enters upon, or remains in, any restricted area
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or restricted landing area used in connection with an airport | ||
facility,
or part thereof, in this State, after such person has | ||
received notice from
the airport authority that such entry is | ||
forbidden
commits a Class A misdemeanor. Notice that the area | ||
is "restricted" and
entry thereto "forbidden", for purposes of | ||
this Section, means that the
person or persons have been | ||
notified personally, either orally or in writing,
or by a | ||
printed or written notice forbidding such entry to him or a | ||
group
or an organization of which he is a member, which has | ||
been conspicuously posted
or exhibited at every usable entrance | ||
to such area or the forbidden part thereof. |
(b) Whoever enters upon, or remains in, any restricted area
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or restricted landing area used in connection with an airport | ||
facility,
or part thereof, in this State by presenting false | ||
documents or falsely representing his or her identity orally to | ||
the airport authority commits a Class A misdemeanor.
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(c) The terms "Restricted area" or "Restricted landing | ||
area" in this Section
are defined to incorporate the meaning | ||
ascribed to those terms in Section
8 of the "Illinois | ||
Aeronautics Act", approved July 24, 1945, as amended,
and also | ||
include any other area of the airport that has been designated
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such by the airport authority. | ||
(d) Subsection (b) does not apply to a peace officer or | ||
other official of a unit of government who enters a restricted | ||
area or a restricted landing area used in connection with an | ||
airport facility,
or part thereof, in the performance of his or | ||
her official duties.
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(Source: P.A. 81-564.)
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(720 ILCS 5/21-8)
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Sec. 21-8. Criminal trespass to a nuclear facility.
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(a) A person commits the offense of criminal trespass to a | ||
nuclear facility
if he or she
knowingly and without lawful | ||
authority:
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(1) enters or remains within a nuclear facility or on | ||
the grounds of a
nuclear
facility, after receiving notice | ||
before entry that entry to the nuclear
facility is
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forbidden; or
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(2) remains within the facility or on the grounds of | ||
the facility after
receiving notice from the owner or | ||
manager of the facility or other person
authorized by the | ||
owner or manager of the facility to give that notice to
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depart from
the facility or grounds of the facility ; or
.
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(3) enters or remains within a nuclear facility or on | ||
the grounds of a
nuclear
facility, by presenting false | ||
documents or falsely representing his or her identity | ||
orally to the owner or manager of the facility. This |
paragraph (3) does not apply to a peace officer or other | ||
official of a unit of government who enters or remains in | ||
the facility in the performance of his or her official | ||
duties.
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(b) A person has received notice from the owner or manager | ||
of the
facility or other person authorized by the owner or | ||
manager of the
facility within the meaning of paragraphs (1) | ||
and (2) of subsection (a) if he or she has been
notified | ||
personally, either orally or in writing,
or if a printed or | ||
written notice forbidding the entry has
been conspicuously | ||
posted or exhibited at the main entrance to the
facility or | ||
grounds of the facility or the forbidden part of the
facility.
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(c) In this Section, "nuclear facility" has the meaning | ||
ascribed
to it in Section 3 of the Illinois Nuclear Safety | ||
Preparedness Act.
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(d) Sentence. Criminal trespass to a nuclear facility is a
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Class 4 felony.
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(Source: P.A. 92-575, eff. 1-1-03.)
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(720 ILCS 5/21-9)
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Sec. 21-9. Criminal trespass to a place of public | ||
amusement.
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(a) A person commits the offense of criminal trespass to a | ||
place of public
amusement if he or she knowingly and without | ||
lawful authority enters or
remains
on any portion of a place of | ||
public amusement after having received notice that
the general | ||
public is restricted from access to that portion of the place | ||
of
public amusement. Such areas may include, but are
not | ||
limited to: a playing field, an athletic surface, a stage, a | ||
locker room,
or
a dressing room located at the place of public | ||
amusement. | ||
(a-5) A person commits the offense of criminal trespass to | ||
a place of public
amusement if he or she knowingly and without | ||
lawful authority gains access
to or remains on any portion of a | ||
place of public amusement by presenting false documents or | ||
falsely representing his or her identity orally to the property |
owner, a lessee, an agent of either the owner or lessee, or a
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performer or participant. This subsection (a-5) does not apply | ||
to a peace officer or other official of a unit of government | ||
who enters or remains in the place of public amusement in the | ||
performance of his or her official duties.
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(b) A property owner, a lessee, an agent of either the | ||
owner or lessee, or a
performer or participant may use | ||
reasonable force to restrain a trespasser and
remove him or her | ||
from the restricted area; however, any use of force beyond
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reasonable force may subject that person to any applicable | ||
criminal penalty.
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(c) A person has received notice within the meaning of | ||
subsection (a) if
he or she has been notified personally, | ||
either orally or in writing, or if a
printed
or written notice | ||
forbidding such entry has been conspicuously posted or
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exhibited at the entrance to the portion of the place of public | ||
amusement that
is
restricted or an oral warning has been | ||
broadcast over the public address system
of the place of public | ||
amusement.
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(d) In this Section, "place of public amusement" means a | ||
stadium, a theater,
or any other facility of any kind, whether | ||
licensed or not, where a live
performance, a sporting event, or | ||
any other activity takes place for other
entertainment and | ||
where
access to
the facility is made available to the public, | ||
regardless of whether admission
is charged.
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(e) Sentence. Criminal trespass to a place of public | ||
amusement is a Class
4 felony. Upon imposition of any sentence, | ||
the court shall also impose a
fine of not less than $1,000. In | ||
addition, any order of
probation or conditional discharge | ||
entered following a conviction shall include
a condition that | ||
the offender perform public or community service of not less
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than 30 and not more than 120 hours, if community service is | ||
available in the
jurisdiction and is funded and approved by the | ||
county board of the county where
the offender was convicted. | ||
The court may also impose any other condition of
probation or | ||
conditional discharge under this Section.
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(Source: P.A. 93-407, eff. 1-1-04.)
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