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Sen. John J. Cullerton
Filed: 3/2/2004
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| AMENDMENT TO SENATE BILL 2499
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| AMENDMENT NO. ______. Amend Senate Bill 2499 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing 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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LRB093 20563 RLC 48350 a |
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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, this Section |
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| shall not apply
to being in a building which is open to the |
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| 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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| (g) Trespass with an all-terrain vehicle. |
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| (1) A person may not operate an all-terrain vehicle on |
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| land without the permission of the owner of the land. A |
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| violation of this subsection (g) is a Class B misdemeanor. |
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| (2) The owner of the land may recover damages in a |
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| civil action against the trespasser. The court shall award |
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| the owner the damages specified in this subsection (g). The |
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| trespasser shall also be liable for court costs and the |
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| owner's reasonable attorneys fees. |
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| (3) The measure of damages shall be: |
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| (A) The actual damages, but not less than $500:
(i) |
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| if the all-terrain vehicle is operated in a nature |
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| preserve area as defined in Section 3.11 of the |
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| Illinois Natural Areas Preservation Act, or
(ii) if the |
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| owner has posted signs prohibiting entry by |
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| all-terrain vehicles; or |
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| (B) Three times the actual damages, but not less |
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| than $5000, if the owner has previously notified the |
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| trespasser to cease trespassing; or |
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| (C) Otherwise, the trespasser shall be liable for |
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| actual damages, but not less than $50. |
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| (4) If the person operating the all-terrain vehicle is |
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| a minor, the owner of the vehicle, and the parents and |
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| legal guardians of the minor are jointly and severally |
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| liable. |
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| (5) Payment of the damages under this subsection (g) is |
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| a defense to a criminal charge of trespass under this |
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| Section, and to a charge of illegal operation of an |
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| all-terrain vehicle in a nature preserve area under |
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| subsection (c) of Section 11-1427 of the Illinois |
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| Vehicle Code, and to all other civil actions for |
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| trespass. Payment does not otherwise absolve the |
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| operator of the all-terrain vehicle from compliance |
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| with laws and regulations governing the operation of |
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| those vehicle. |
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| (6) Any not for profit organization may enforce the |
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| prohibition of this subsection (g) as the owner. Any |
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| not for profit organization devoted to protecting |
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| land, plant life or wildlife may also enter into an |
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| agreement to enforce the prohibition of this |
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| subsection (g) on behalf of another owner. Collection |
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| of damages, costs and attorneys fees shall be deemed to |
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| be consistent with such organization's not for profit |
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| status. If the attorney is an employee of such not for |
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| profit organization, the amount of attorneys fees |
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| shall be based on the usual and customary fees charged |
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| by attorneys engaged in small claims collections in the |
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| county in which the action is brought. |
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| (7) The term "all-terrain vehicle" is as defined in |
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| Section 1-101.8 of the Illinois Vehicle Code.
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| (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, |