093_HB0547sam001











                                     LRB093 04122 DRJ 16751 a

 1                     AMENDMENT TO HOUSE BILL 547

 2        AMENDMENT NO.     .  Amend House Bill  547  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Criminal  Code  of  1961 is amended by
 5    changing Section 19-4 as follows:

 6        (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
 7        Sec. 19-4.  Criminal trespass to a residence.
 8        (a) (1)  A  person  commits  the  offense   of   criminal
 9    trespass to a residence when, without authority, he knowingly
10    enters  or  remains  within  any residence, including a house
11    trailer.
12        (2)  A person commits the offense of criminal trespass to
13    a residence when, without  authority,  he  or  she  knowingly
14    enters  the  residence  of another and knows or has reason to
15    know that one or  more  persons  is  present  or  he  or  she
16    knowingly  enters the residence of another and remains in the
17    residence after he or she knows or has reason  to  know  that
18    one or more persons is present.
19        (2.5)  A  person commits the offense of criminal trespass
20    to a residence when, without authority, he or  she  knowingly
21    enters  or  remains  within  any residence, including a house
22    trailer, and while in the residence or on the  real  property
 
                            -2-      LRB093 04122 DRJ 16751 a
 1    adjacent  to  the  residence that belongs to the owner of the
 2    residence either: (i) possesses or consumes alcoholic  liquor
 3    in  violation  of  Section 6-16 or 6-20 of the Liquor Control
 4    Act of 1934; or (ii) causes damage to the residence or to any
 5    property adjacent to the residence that belongs to the  owner
 6    of the residence.
 7        (3)  For  purposes  of  this  Section,  in  the case of a
 8    multi-unit residential building or complex, "residence" shall
 9    only include the portion of the building or complex which  is
10    the actual dwelling place of any person and shall not include
11    such places as common recreational areas or lobbies.
12        (b)  Sentence.
13             (1)  Criminal   trespass   to   a   residence  under
14        paragraph (1) of subsection (a) is a Class A misdemeanor.
15             (2)  Criminal  trespass   to   a   residence   under
16        paragraph (2) of subsection (a) is a Class 4 felony.
17             (3) Criminal trespass to a residence under paragraph
18        (2.5) of subsection (a) is a Class 4 felony.
19    (Source: P.A. 91-895, eff. 7-6-00.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.".