Judiciary II - Criminal Law Committee
Filed: 03/04/04
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3869
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3869 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing
Sections 21-1 and 21-3 as follows:
| ||||||
6 | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| ||||||
7 | Sec. 21-1. Criminal damage to property.
| ||||||
8 | (1) A person commits an illegal act when he:
| ||||||
9 | (a) knowingly damages any property of another without | ||||||
10 | his consent;
or
| ||||||
11 | (b) recklessly by means of fire or explosive damages | ||||||
12 | property of
another; or
| ||||||
13 | (c) knowingly starts a fire on the land of another | ||||||
14 | without his
consent; or
| ||||||
15 | (d) knowingly injures a domestic animal of another | ||||||
16 | without his
consent; or
| ||||||
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
| ||||||
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
|
| |||||||
| |||||||
1 | (g) knowingly shoots a firearm at any portion of a | ||||||
2 | railroad train.
| ||||||
3 | When the charge of criminal damage to property exceeding a | ||||||
4 | specified
value is brought, the extent of the damage is an | ||||||
5 | element of the offense to
be resolved by the trier of fact as | ||||||
6 | either exceeding or not exceeding
the specified value.
| ||||||
7 | (2) The acts described in items (a), (b), (c), (e), and (f)
| ||||||
8 | are Class
A misdemeanors if the damage to property does not | ||||||
9 | exceed $300.
The acts
described in items (a), (b), (c), (e), | ||||||
10 | and (f) are Class 4
felonies if the damage to
property does not | ||||||
11 | exceed $300 if the damage occurs to property of a school
or
| ||||||
12 | place of worship or to farm equipment or immovable items of | ||||||
13 | agricultural
production, including
but not
limited to grain | ||||||
14 | bins and barns . The act described in item (d) is a Class 4
| ||||||
15 | felony if the
damage to property does not exceed $10,000. The | ||||||
16 | act
described in item (g) is a Class 4 felony. The acts | ||||||
17 | described in items (a),
(b), (c), (e), and (f) are Class 4 | ||||||
18 | felonies if the damage to property
exceeds $300 but does not | ||||||
19 | exceed $10,000. The acts described in items (a)
through (f) are | ||||||
20 | Class 3 felonies if the damage to property exceeds $300 but
| ||||||
21 | does not exceed $10,000 if the damage occurs to property of a | ||||||
22 | school
or place
of worship or to farm equipment or immovable | ||||||
23 | items of agricultural
production,
including
but not
limited to | ||||||
24 | grain bins and barns . The acts described in items (a)
through | ||||||
25 | (f) are Class 3 felonies if the damage to property
exceeds | ||||||
26 | $10,000 but does not exceed $100,000. The acts described in | ||||||
27 | items
(a) through (f) are Class 2 felonies if the damage to | ||||||
28 | property exceeds $10,000
but does not exceed $100,000 if the | ||||||
29 | damage occurs to property of a school
or
place of worship or to | ||||||
30 | farm equipment or immovable items
of agricultural production, | ||||||
31 | including
but not
limited to grain bins and barns .
The acts | ||||||
32 | described in items
(a) through (f) are Class 2 felonies if the | ||||||
33 | damage to property exceeds
$100,000. The acts described in | ||||||
34 | items (a) through (f) are Class 1 felonies
if the damage to |
| |||||||
| |||||||
1 | property exceeds $100,000 and the damage occurs to property of
| ||||||
2 | a school or place of worship or to farm equipment or immovable | ||||||
3 | items
of agricultural production, including
but not
limited to | ||||||
4 | grain bins and barns .
If the damage to property exceeds | ||||||
5 | $10,000,
the
court shall impose
upon the offender a fine equal | ||||||
6 | to the value of the damages to the property.
| ||||||
7 | For the purposes of this subsection (2), "farm equipment" | ||||||
8 | means machinery
or
other equipment used in farming.
| ||||||
9 | (3) In addition to any other sentence that may be imposed, | ||||||
10 | a court shall
order any person convicted of criminal damage to | ||||||
11 | property to perform community
service for not less than 30 and | ||||||
12 | not more than 120 hours, if community service
is available in | ||||||
13 | the jurisdiction
and is funded and approved by the county board | ||||||
14 | of the county where the
offense was committed.
In addition, | ||||||
15 | whenever any person is placed
on supervision for an alleged | ||||||
16 | offense under this Section, the supervision shall
be | ||||||
17 | conditioned upon the performance of the community service.
| ||||||
18 | This subsection does not apply when the court imposes a | ||||||
19 | sentence of
incarceration.
| ||||||
20 | (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
| ||||||
21 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| ||||||
22 | Sec. 21-3. Criminal trespass to real property.
| ||||||
23 | (a) Except as provided in subsection (a-5), whoever:
| ||||||
24 | (1) knowingly and without lawful authority enters or | ||||||
25 | remains within or on
a building; or
| ||||||
26 | (2) enters upon the land of another, after receiving, | ||||||
27 | prior to such entry,
notice from the owner or occupant that | ||||||
28 | such entry is forbidden; or
| ||||||
29 | (3) remains upon the land of another, after receiving | ||||||
30 | notice from the
owner or occupant to depart; or
| ||||||
31 | (4) enters upon one of the following areas in or on a | ||||||
32 | motor vehicle
(including an off-road vehicle, motorcycle, | ||||||
33 | moped, or any other powered
two-wheel vehicle), after |
| |||||||
| |||||||
1 | receiving prior to that entry, notice from the owner
or | ||||||
2 | occupant that the entry is forbidden or remains upon or in | ||||||
3 | the area after
receiving notice from the owner or occupant | ||||||
4 | to depart:
| ||||||
5 | (A) any field that is used for growing crops or | ||||||
6 | which is capable of
being used for growing crops; or
| ||||||
7 | (B) an enclosed area containing livestock; or
| ||||||
8 | (C) or an orchard; or
| ||||||
9 | (D) a barn or other agricultural building | ||||||
10 | containing livestock;
| ||||||
11 | commits a Class B misdemeanor.
| ||||||
12 | For purposes of item (1) of this subsection, this Section | ||||||
13 | shall not apply
to being in a building which is open to the | ||||||
14 | public while the building is open
to the public during its | ||||||
15 | normal hours of operation; nor shall this Section
apply to a | ||||||
16 | person who enters a public building under the reasonable belief | ||||||
17 | that
the building is still open to the public.
| ||||||
18 | (a-5) Except as otherwise provided in this subsection, | ||||||
19 | whoever enters upon
any of
the following areas in or on a motor | ||||||
20 | vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||||||
21 | any other powered two-wheel vehicle) after receiving, prior to | ||||||
22 | that
entry,
notice from the owner or occupant that the entry is | ||||||
23 | forbidden or remains upon
or in the
area after receiving notice | ||||||
24 | from the owner or occupant to depart commits a
Class A
| ||||||
25 | misdemeanor:
| ||||||
26 | (1) A field that is used for growing crops or that is | ||||||
27 | capable of being
used
for
growing crops.
| ||||||
28 | (2) An enclosed area containing livestock.
| ||||||
29 | (3) An orchard.
| ||||||
30 | (4) A barn or other agricultural building containing | ||||||
31 | livestock.
| ||||||
32 | (b) A person has received notice from the owner or occupant | ||||||
33 | within the
meaning of Subsection (a) if he has been notified | ||||||
34 | personally, either orally
or in writing including a valid court |
| |||||||
| |||||||
1 | order as defined by subsection (7)
of Section 112A-3 of the | ||||||
2 | Code of Criminal Procedure of 1963 granting remedy
(2) of | ||||||
3 | subsection (b) of Section 112A-14 of that Code, or if a printed | ||||||
4 | or
written notice forbidding such entry has been conspicuously | ||||||
5 | posted or
exhibited at the main entrance to such land or the | ||||||
6 | forbidden part thereof.
| ||||||
7 | (c) This Section does not apply to any person, whether a | ||||||
8 | migrant worker
or otherwise, living on the land with permission | ||||||
9 | of the owner or of his
agent having apparent authority to hire | ||||||
10 | workers on such land and assign
them living quarters or a place | ||||||
11 | of accommodations for living thereon, nor
to anyone living on | ||||||
12 | such land at the request of, or by occupancy, leasing
or other | ||||||
13 | agreement or arrangement with the owner or his agent, nor to
| ||||||
14 | anyone invited by such migrant worker or other person so living | ||||||
15 | on such
land to visit him at the place he is so living upon the | ||||||
16 | land.
| ||||||
17 | (d) A person shall be exempt from prosecution under this | ||||||
18 | Section if
he beautifies unoccupied and abandoned residential | ||||||
19 | and industrial properties
located within any municipality. For | ||||||
20 | the purpose of this subsection,
"unoccupied and abandoned | ||||||
21 | residential and industrial property" means any
real estate (1) | ||||||
22 | in which the taxes have not been paid for a period of at
least 2 | ||||||
23 | years; and (2) which has been left unoccupied and abandoned for | ||||||
24 | a
period of at least one year; and "beautifies" means to | ||||||
25 | landscape, clean up
litter, or to repair dilapidated conditions | ||||||
26 | on or to board up windows
and doors.
| ||||||
27 | (e) No person shall be liable in any civil action for money | ||||||
28 | damages
to the owner of unoccupied and abandoned residential | ||||||
29 | and industrial property
which that person beautifies pursuant | ||||||
30 | to subsection (d) of this Section.
| ||||||
31 | (f) This Section does not prohibit a person from entering a | ||||||
32 | building or
upon the land of another for emergency purposes. | ||||||
33 | For purposes of this
subsection (f), "emergency" means a | ||||||
34 | condition or circumstance in which an
individual is or is |
| |||||||
| |||||||
1 | reasonably believed by the person to be in imminent danger
of | ||||||
2 | serious bodily harm or in which property is or is reasonably | ||||||
3 | believed to be
in imminent danger of damage or destruction.
| ||||||
4 | (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | ||||||
5 | eff.
8-9-96; 90-419, eff. 8-15-97.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|