|
|
Public Act 094-0263
|
| HB2441 Enrolled |
LRB094 09464 RLC 39715 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
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:
|
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
|
Sec. 21-3. Criminal trespass to real property.
|
(a) Whoever:
|
(1) knowingly and without lawful authority enters or |
remains within or on
a building; or
|
(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
|
(3) remains upon the land of another, after receiving |
notice from the
owner or occupant to depart; or
|
(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
|
(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:
|
(A) any field that is used for growing crops or |
which is capable of
being used for growing crops; or
|
(B) an enclosed area containing livestock; or
|
(C) or an orchard; or
|
(D) a barn or other agricultural building |
|
containing livestock;
|
commits a Class B misdemeanor.
|
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.
|
(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.
|
(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
|
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.
|
(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.
|
(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.
|
(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.
|
(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.)
|
(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
|
Sec. 21-5. Criminal
Trespass to State Supported Land.
|
(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
|
interferes with another person's lawful use or enjoyment of |
such building
or land, commits a Class A misdemeanor.
|
(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.
|
(Source: P.A. 84-1041.)
|
(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
|
Sec. 21-7. Criminal trespass to Restricted areas and |
restricted Landing
areas at airports.)
|
(a) Whoever enters upon, or remains in, any restricted area
|
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
|
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.
|
(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
|
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.
|
(Source: P.A. 81-564.)
|
(720 ILCS 5/21-8)
|
Sec. 21-8. Criminal trespass to a nuclear facility.
|
(a) A person commits the offense of criminal trespass to a |
nuclear facility
if he or she
knowingly and without lawful |
authority:
|
(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
|
forbidden; or
|
(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
|
depart from
the facility or grounds of the facility; or
.
|
(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.
|
(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.
|
(c) In this Section, "nuclear facility" has the meaning |
ascribed
to it in Section 3 of the Illinois Nuclear Safety |
Preparedness Act.
|
(d) Sentence. Criminal trespass to a nuclear facility is a
|
Class 4 felony.
|
(Source: P.A. 92-575, eff. 1-1-03.)
|
(720 ILCS 5/21-9)
|
Sec. 21-9. Criminal trespass to a place of public |
amusement.
|
(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
|
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.
|
(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
|
reasonable force may subject that person to any applicable |
criminal penalty.
|
(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
|
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.
|
(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.
|
(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
|
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.
|