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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing
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5 | Sections 21-1 and 21-3 as follows:
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6 | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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7 | Sec. 21-1. Criminal damage to property.
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8 | (1) A person commits an illegal act when he:
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9 | (a) knowingly damages any property of another without | ||||||
10 | his consent;
or
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11 | (b) recklessly by means of fire or explosive damages | ||||||
12 | property of
another; or
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13 | (c) knowingly starts a fire on the land of another | ||||||
14 | without his
consent; or
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15 | (d) knowingly injures a domestic animal of another | ||||||
16 | without his
consent; or
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17 | (e) knowingly deposits on the land or in the building | ||||||
18 | of another,
without his consent, any stink bomb or any | ||||||
19 | offensive smelling compound
and thereby intends to | ||||||
20 | interfere with the use by another of the land or
building; | ||||||
21 | or
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22 | (f) damages any property, other than as described in | ||||||
23 | subsection (b) of
Section 20-1, with intent to defraud an | ||||||
24 | insurer; or
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25 | (g) knowingly shoots a firearm at any portion of a | ||||||
26 | railroad train.
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27 | When the charge of criminal damage to property exceeding a | ||||||
28 | specified
value is brought, the extent of the damage is an | ||||||
29 | element of the offense to
be resolved by the trier of fact as | ||||||
30 | either exceeding or not exceeding
the specified value.
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31 | (2) The acts described in items (a), (b), (c), (e), and (f)
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32 | are Class
A misdemeanors if the damage to property does not |
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1 | exceed $300.
The acts
described in items (a), (b), (c), (e), | ||||||
2 | and (f) are Class 4
felonies if the damage to
property does not | ||||||
3 | exceed $300 if the damage occurs to property of a school
or
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4 | place of worship or to farm equipment or immovable items of | ||||||
5 | agricultural
production, including
but not
limited to grain | ||||||
6 | bins and barns . The act described in item (d) is a Class 4
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7 | felony if the
damage to property does not exceed $10,000. The | ||||||
8 | act
described in item (g) is a Class 4 felony. The acts | ||||||
9 | described in items (a),
(b), (c), (e), and (f) are Class 4 | ||||||
10 | felonies if the damage to property
exceeds $300 but does not | ||||||
11 | exceed $10,000. The acts described in items (a)
through (f) are | ||||||
12 | Class 3 felonies if the damage to property exceeds $300 but
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13 | does not exceed $10,000 if the damage occurs to property of a | ||||||
14 | school
or place
of worship or to farm equipment or immovable | ||||||
15 | items of agricultural
production,
including
but not
limited to | ||||||
16 | grain bins and barns . The acts described in items (a)
through | ||||||
17 | (f) are Class 3 felonies if the damage to property
exceeds | ||||||
18 | $10,000 but does not exceed $100,000. The acts described in | ||||||
19 | items
(a) through (f) are Class 2 felonies if the damage to | ||||||
20 | property exceeds $10,000
but does not exceed $100,000 if the | ||||||
21 | damage occurs to property of a school
or
place of worship or to | ||||||
22 | farm equipment or immovable items
of agricultural production, | ||||||
23 | including
but not
limited to grain bins and barns .
The acts | ||||||
24 | described in items
(a) through (f) are Class 2 felonies if the | ||||||
25 | damage to property exceeds
$100,000. The acts described in | ||||||
26 | items (a) through (f) are Class 1 felonies
if the damage to | ||||||
27 | property exceeds $100,000 and the damage occurs to property of
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28 | a school or place of worship or to farm equipment or immovable | ||||||
29 | items
of agricultural production, including
but not
limited to | ||||||
30 | grain bins and barns .
If the damage to property exceeds | ||||||
31 | $10,000,
the
court shall impose
upon the offender a fine equal | ||||||
32 | to the value of the damages to the property.
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33 | For the purposes of this subsection (2), "farm equipment" | ||||||
34 | means machinery
or
other equipment used in farming.
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35 | (3) In addition to any other sentence that may be imposed, | ||||||
36 | a court shall
order any person convicted of criminal damage to |
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1 | property to perform community
service for not less than 30 and | ||||||
2 | not more than 120 hours, if community service
is available in | ||||||
3 | the jurisdiction
and is funded and approved by the county board | ||||||
4 | of the county where the
offense was committed.
In addition, | ||||||
5 | whenever any person is placed
on supervision for an alleged | ||||||
6 | offense under this Section, the supervision shall
be | ||||||
7 | conditioned upon the performance of the community service.
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8 | This subsection does not apply when the court imposes a | ||||||
9 | sentence of
incarceration.
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10 | (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
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11 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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12 | Sec. 21-3. Criminal trespass to real property.
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13 | (a) Except as provided in subsection (a-5), whoever:
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14 | (1) knowingly and without lawful authority enters or | ||||||
15 | remains within or on
a building; or
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16 | (2) enters upon the land of another, after receiving, | ||||||
17 | prior to such entry,
notice from the owner or occupant that | ||||||
18 | such entry is forbidden; or
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19 | (3) remains upon the land of another, after receiving | ||||||
20 | notice from the
owner or occupant to depart; or
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21 | (4) enters upon one of the following areas in or on a | ||||||
22 | motor vehicle
(including an off-road vehicle, motorcycle, | ||||||
23 | moped, or any other powered
two-wheel vehicle), after | ||||||
24 | receiving prior to that entry, notice from the owner
or | ||||||
25 | occupant that the entry is forbidden or remains upon or in | ||||||
26 | the area after
receiving notice from the owner or occupant | ||||||
27 | to depart:
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28 | (A) any field that is used for growing crops or | ||||||
29 | which is capable of
being used for growing crops; or
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30 | (B) an enclosed area containing livestock; or
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31 | (C) or an orchard; or
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32 | (D) a barn or other agricultural building | ||||||
33 | containing livestock;
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34 | commits a Class B misdemeanor.
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35 | For purposes of item (1) of this subsection, this Section |
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1 | shall not apply
to being in a building which is open to the | ||||||
2 | public while the building is open
to the public during its | ||||||
3 | normal hours of operation; nor shall this Section
apply to a | ||||||
4 | person who enters a public building under the reasonable belief | ||||||
5 | that
the building is still open to the public.
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6 | (a-5) Except as otherwise provided in this subsection, | ||||||
7 | whoever enters upon
any of
the following areas in or on a motor | ||||||
8 | vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||||||
9 | any other powered two-wheel vehicle) after receiving, prior to | ||||||
10 | that
entry,
notice from the owner or occupant that the entry is | ||||||
11 | forbidden or remains upon
or in the
area after receiving notice | ||||||
12 | from the owner or occupant to depart commits a
Class A
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13 | misdemeanor:
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14 | (1) A field that is used for growing crops or that is | ||||||
15 | capable of being
used
for
growing crops.
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16 | (2) An enclosed area containing livestock.
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17 | (3) An orchard.
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18 | (4) A barn or other agricultural building containing | ||||||
19 | livestock.
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20 | (b) A person has received notice from the owner or occupant | ||||||
21 | within the
meaning of Subsection (a) if he has been notified | ||||||
22 | personally, either orally
or in writing including a valid court | ||||||
23 | order as defined by subsection (7)
of Section 112A-3 of the | ||||||
24 | Code of Criminal Procedure of 1963 granting remedy
(2) of | ||||||
25 | subsection (b) of Section 112A-14 of that Code, or if a printed | ||||||
26 | or
written notice forbidding such entry has been conspicuously | ||||||
27 | posted or
exhibited at the main entrance to such land or the | ||||||
28 | forbidden part thereof.
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29 | (c) This Section does not apply to any person, whether a | ||||||
30 | migrant worker
or otherwise, living on the land with permission | ||||||
31 | of the owner or of his
agent having apparent authority to hire | ||||||
32 | workers on such land and assign
them living quarters or a place | ||||||
33 | of accommodations for living thereon, nor
to anyone living on | ||||||
34 | such land at the request of, or by occupancy, leasing
or other | ||||||
35 | agreement or arrangement with the owner or his agent, nor to
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36 | anyone invited by such migrant worker or other person so living |
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1 | on such
land to visit him at the place he is so living upon the | ||||||
2 | land.
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3 | (d) A person shall be exempt from prosecution under this | ||||||
4 | Section if
he beautifies unoccupied and abandoned residential | ||||||
5 | and industrial properties
located within any municipality. For | ||||||
6 | the purpose of this subsection,
"unoccupied and abandoned | ||||||
7 | residential and industrial property" means any
real estate (1) | ||||||
8 | in which the taxes have not been paid for a period of at
least 2 | ||||||
9 | years; and (2) which has been left unoccupied and abandoned for | ||||||
10 | a
period of at least one year; and "beautifies" means to | ||||||
11 | landscape, clean up
litter, or to repair dilapidated conditions | ||||||
12 | on or to board up windows
and doors.
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13 | (e) No person shall be liable in any civil action for money | ||||||
14 | damages
to the owner of unoccupied and abandoned residential | ||||||
15 | and industrial property
which that person beautifies pursuant | ||||||
16 | to subsection (d) of this Section.
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17 | (f) This Section does not prohibit a person from entering a | ||||||
18 | building or
upon the land of another for emergency purposes. | ||||||
19 | For purposes of this
subsection (f), "emergency" means a | ||||||
20 | condition or circumstance in which an
individual is or is | ||||||
21 | reasonably believed by the person to be in imminent danger
of | ||||||
22 | serious bodily harm or in which property is or is reasonably | ||||||
23 | believed to be
in imminent danger of damage or destruction.
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24 | (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | ||||||
25 | eff.
8-9-96; 90-419, eff. 8-15-97.)
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26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law. |