93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4913


 
Introduced 02/04/04, by Kevin Joyce
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/21-3
  from Ch. 38, par. 21-3







    Amends the Criminal Code of 1961.  Makes a technical change in the Section concerning criminal trespass to real property.
















LRB093 17664 RLC 43340 b

















 


 


A BILL FOR









 











HB4913

LRB093 17664 RLC 43340 b






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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 
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Section 21-3 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 
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    remains within or on
a building; or


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        (2) enters upon the land of another, after receiving, 
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    prior to such entry,
notice from the owner or occupant that 
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    such entry is forbidden; or


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        (3) remains upon the land of another, after receiving 
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    notice from the
owner or occupant to depart; or


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        (4) enters upon one of the following areas in or on a 
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    motor vehicle
(including an off-road vehicle, motorcycle, 
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    moped, or any other powered
two-wheel vehicle), after 
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    receiving prior to that entry, notice from the owner
or 
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    occupant that the entry is forbidden or remains upon or in 
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    the area after
receiving notice from the owner or occupant 
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    to depart:


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            (A) any field that is used for growing crops or 
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        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 
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        containing livestock;

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commits a Class B misdemeanor.

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    For purposes of item (1) of this subsection (a), this 
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Section shall not apply
to being in a building which is open to 
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the public while the building is open
to the public during its 
 


 






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normal hours of operation; nor shall this Section
apply to a 
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person who enters a public building under the reasonable belief 
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that
the building is still open to the public.

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    (b) A person has received notice from the owner or occupant 
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within the
meaning of Subsection (a) if he has been notified 
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personally, either orally
or in writing including a valid court 
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order as defined by subsection (7)
of Section 112A-3 of the 
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Code of Criminal Procedure of 1963 granting remedy
(2) of 
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subsection (b) of Section 112A-14 of that Code, or if a printed 
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or
written notice forbidding such entry has been conspicuously 
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posted or
exhibited at the main entrance to such land or the 
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forbidden part thereof.

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    (c) This Section does not apply to any person, whether a 
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migrant worker
or otherwise, living on the land with permission 
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of the owner or of his
agent having apparent authority to hire 
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workers on such land and assign
them living quarters or a place 
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of accommodations for living thereon, nor
to anyone living on 
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such land at the request of, or by occupancy, leasing
or other 
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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 
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on such
land to visit him at the place he is so living upon the 
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land.

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    (d) A person shall be exempt from prosecution under this 
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Section if
he beautifies unoccupied and abandoned residential 
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and industrial properties
located within any municipality.  For 
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the purpose of this subsection,
"unoccupied and abandoned 
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residential and industrial property" means any
real estate (1) 
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in which the taxes have not been paid for a period of at
least 2 
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years; and (2) which has been left unoccupied and abandoned for 
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a
period of at least one year; and "beautifies" means to 
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landscape, clean up
litter, or to repair dilapidated conditions 
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on or to board up windows
and doors.

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    (e) No person shall be liable in any civil action for money 
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damages
to the owner of unoccupied and abandoned residential 
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and industrial property
which that person beautifies pursuant 
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to subsection (d) of this Section.

 


 






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    (f) This Section does not prohibit a person from entering a 
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building or
upon the land of another for emergency purposes.  
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For purposes of this
subsection (f), "emergency" means a 
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condition or circumstance in which an
individual is or is 
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reasonably believed by the person to be in imminent danger
of 
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serious bodily harm or in which property is or is reasonably 
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believed to be
in imminent danger of damage or destruction.

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(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, 
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eff.
8-9-96; 90-419, eff. 8-15-97.)