Rep. Jerry Costello, II

Filed: 3/23/2017

 

 


 

 


 
10000HB3832ham001LRB100 10386 RLC 24128 a

1
AMENDMENT TO HOUSE BILL 3832

2    AMENDMENT NO. ______. Amend House Bill 3832 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 12-7.1 and 21-3 as follows:
 
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    Sec. 12-7.1. Hate crime.
8    (a) A person commits hate crime when, by reason of the
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he commits assault, battery, aggravated assault,
14misdemeanor theft, criminal trespass to residence, misdemeanor
15criminal damage to property, criminal trespass to vehicle,
16criminal trespass to real property, aggravated criminal

 

 

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1trespass to real property, mob action, disorderly conduct,
2harassment by telephone, or harassment through electronic
3communications as these crimes are defined in Sections 12-1,
412-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1,
526.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
6this Code, respectively.
7    (b) Except as provided in subsection (b-5), hate crime is a
8Class 4 felony for a first offense and a Class 2 felony for a
9second or subsequent offense.
10    (b-5) Hate crime is a Class 3 felony for a first offense
11and a Class 2 felony for a second or subsequent offense if
12committed:
13        (1) in a church, synagogue, mosque, or other building,
14    structure, or place used for religious worship or other
15    religious purpose;
16        (2) in a cemetery, mortuary, or other facility used for
17    the purpose of burial or memorializing the dead;
18        (3) in a school or other educational facility,
19    including an administrative facility or public or private
20    dormitory facility of or associated with the school or
21    other educational facility;
22        (4) in a public park or an ethnic or religious
23    community center;
24        (5) on the real property comprising any location
25    specified in clauses (1) through (4) of this subsection
26    (b-5); or

 

 

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1        (6) on a public way within 1,000 feet of the real
2    property comprising any location specified in clauses (1)
3    through (4) of this subsection (b-5).
4    (b-10) Upon imposition of any sentence, the trial court
5shall also either order restitution paid to the victim or
6impose a fine up to $1,000. In addition, any order of probation
7or conditional discharge entered following a conviction or an
8adjudication of delinquency shall include a condition that the
9offender perform public or community service of no less than
10200 hours if that service is established in the county where
11the offender was convicted of hate crime. In addition, any
12order of probation or conditional discharge entered following a
13conviction or an adjudication of delinquency shall include a
14condition that the offender enroll in an educational program
15discouraging hate crimes if the offender caused criminal damage
16to property consisting of religious fixtures, objects, or
17decorations. The educational program may be administered, as
18determined by the court, by a university, college, community
19college, non-profit organization, or the Holocaust and
20Genocide Commission. Nothing in this subsection (b-10)
21prohibits courses discouraging hate crimes from being made
22available online. The court may also impose any other condition
23of probation or conditional discharge under this Section.
24    (c) Independent of any criminal prosecution or the result
25thereof, any person suffering injury to his person or damage to
26his property as a result of hate crime may bring a civil action

 

 

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1for damages, injunction or other appropriate relief. The court
2may award actual damages, including damages for emotional
3distress, or punitive damages. A judgment may include
4attorney's fees and costs. The parents or legal guardians,
5other than guardians appointed pursuant to the Juvenile Court
6Act or the Juvenile Court Act of 1987, of an unemancipated
7minor shall be liable for the amount of any judgment for actual
8damages rendered against such minor under this subsection (c)
9in any amount not exceeding the amount provided under Section 5
10of the Parental Responsibility Law.
11    (d) "Sexual orientation" has the meaning ascribed to it in
12paragraph (O-1) of Section 1-103 of the Illinois Human Rights
13Act.
14(Source: P.A. 99-77, eff. 1-1-16.)
 
15    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
16    Sec. 21-3. Criminal trespass to real property; aggravated
17criminal trespass to real property.
18    (a) A person commits criminal trespass to real property
19when he or she:
20        (1) knowingly and without lawful authority enters or
21    remains within or on a building;
22        (2) enters upon the land of another, after receiving,
23    prior to the entry, notice from the owner or occupant that
24    the entry is forbidden;
25        (3) remains upon the land of another, after receiving

 

 

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1    notice from the owner or occupant to depart;
2        (3.5) presents false documents or falsely represents
3    his or her identity orally to the owner or occupant of a
4    building or land in order to obtain permission from the
5    owner or occupant to enter or remain in the building or on
6    the land;
7        (3.7) intentionally removes a notice posted on
8    residential real estate as required by subsection (l) of
9    Section 15-1505.8 of Article XV of the Code of Civil
10    Procedure before the date and time set forth in the notice;
11    or
12        (4) enters a field used or capable of being used for
13    growing crops, an enclosed area containing livestock, an
14    agricultural building containing livestock, or an orchard
15    in or on a motor vehicle (including an off-road vehicle,
16    motorcycle, moped, or any other powered two-wheel vehicle)
17    after receiving, prior to the entry, notice from the owner
18    or occupant that the entry is forbidden or remains upon or
19    in the area after receiving notice from the owner or
20    occupant to depart.
21    For purposes of item (1) of this subsection, this Section
22shall not apply to being in a building which is open to the
23public while the building is open to the public during its
24normal hours of operation; nor shall this Section apply to a
25person who enters a public building under the reasonable belief
26that the building is still open to the public.

 

 

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1    (a-5) A person commits aggravated criminal trespass to real
2property when he or she knowingly enters upon the land of
3another without permission of the owner or occupant with the
4intent to take any game species regulated under the Wildlife
5Code.
6    (b) A person has received notice from the owner or occupant
7within the meaning of subsection Subsection (a) if he or she
8has been notified personally, either orally or in writing
9including a valid court order as defined by subsection (7) of
10Section 112A-3 of the Code of Criminal Procedure of 1963
11granting remedy (2) of subsection (b) of Section 112A-14 of
12that Code, or if a printed or written notice forbidding such
13entry has been conspicuously posted or exhibited at the main
14entrance to the land or the forbidden part thereof.
15    (b-5) Subject to the provisions of subsection (b-10), as an
16alternative to the posting of real property as set forth in
17subsection (b), the owner or lessee of any real property may
18post the property by placing identifying purple marks on trees
19or posts around the area to be posted. Each purple mark shall
20be:
21        (1) A vertical line of at least 8 inches in length and
22    the bottom of the mark shall be no less than 3 feet nor
23    more than 5 feet high. Such marks shall be placed no more
24    than 100 feet apart and shall be readily visible to any
25    person approaching the property; or
26        (2) A post capped or otherwise marked on at least its

 

 

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1    top 2 inches. The bottom of the cap or mark shall be not
2    less than 3 feet but not more than 5 feet 6 inches high.
3    Posts so marked shall be placed not more than 36 feet apart
4    and shall be readily visible to any person approaching the
5    property. Prior to applying a cap or mark which is visible
6    from both sides of a fence shared by different property
7    owners or lessees, all such owners or lessees shall concur
8    in the decision to post their own property.
9    Nothing in this subsection (b-5) shall be construed to
10authorize the owner or lessee of any real property to place any
11purple marks on any tree or post or to install any post or
12fence if doing so would violate any applicable law, rule,
13ordinance, order, covenant, bylaw, declaration, regulation,
14restriction, contract, or instrument.
15    (b-10) Any owner or lessee who marks his or her real
16property using the method described in subsection (b-5) must
17also provide notice as described in subsection (b) of this
18Section. The public of this State shall be informed of the
19provisions of subsection (b-5) of this Section by the Illinois
20Department of Agriculture and the Illinois Department of
21Natural Resources. These Departments shall conduct an
22information campaign for the general public concerning the
23interpretation and implementation of subsection (b-5). The
24information shall inform the public about the marking
25requirements and the applicability of subsection (b-5)
26including information regarding the size requirements of the

 

 

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1markings as well as the manner in which the markings shall be
2displayed. The Departments shall also include information
3regarding the requirement that, until the date this subsection
4becomes inoperative, any owner or lessee who chooses to mark
5his or her property using paint, must also comply with one of
6the notice requirements listed in subsection (b). The
7Departments may prepare a brochure or may disseminate the
8information through agency websites. Non-governmental
9organizations including, but not limited to, the Illinois
10Forestry Association, Illinois Tree Farm and the Walnut Council
11may help to disseminate the information regarding the
12requirements and applicability of subsection (b-5) based on
13materials provided by the Departments. This subsection (b-10)
14is inoperative on and after January 1, 2013.
15    (b-15) Subsections (b-5) and (b-10) do not apply to real
16property located in a municipality of over 2,000,000
17inhabitants.
18    (c) This Section does not apply to any person, whether a
19migrant worker or otherwise, living on the land with permission
20of the owner or of his or her agent having apparent authority
21to hire workers on this land and assign them living quarters or
22a place of accommodations for living thereon, nor to anyone
23living on the land at the request of, or by occupancy, leasing
24or other agreement or arrangement with the owner or his or her
25agent, nor to anyone invited by the migrant worker or other
26person so living on the land to visit him or her at the place he

 

 

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1is so living upon the land.
2    (d) A person shall be exempt from prosecution under this
3Section if he or she beautifies unoccupied and abandoned
4residential and industrial properties located within any
5municipality. For the purpose of this subsection, "unoccupied
6and abandoned residential and industrial property" means any
7real estate (1) in which the taxes have not been paid for a
8period of at least 2 years; and (2) which has been left
9unoccupied and abandoned for a period of at least one year; and
10"beautifies" means to landscape, clean up litter, or to repair
11dilapidated conditions on or to board up windows and doors.
12    (e) No person shall be liable in any civil action for money
13damages to the owner of unoccupied and abandoned residential
14and industrial property which that person beautifies pursuant
15to subsection (d) of this Section.
16    (e-5) Mortgagee or agent of the mortgagee exceptions.
17        (1) A mortgagee or agent of the mortgagee shall be
18    exempt from prosecution for criminal trespass for
19    entering, securing, or maintaining an abandoned
20    residential property.
21        (2) No mortgagee or agent of the mortgagee shall be
22    liable to the mortgagor or other owner of an abandoned
23    residential property in any civil action for negligence or
24    civil trespass in connection with entering, securing, or
25    maintaining the abandoned residential property.
26        (3) For the purpose of this subsection (e-5) only,

 

 

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1    "abandoned residential property" means mortgaged real
2    estate that the mortgagee or agent of the mortgagee
3    determines in good faith meets the definition of abandoned
4    residential property set forth in Section 15-1200.5 of
5    Article XV of the Code of Civil Procedure.
6    (f) This Section does not prohibit a person from entering a
7building or upon the land of another for emergency purposes.
8For purposes of this subsection (f), "emergency" means a
9condition or circumstance in which an individual is or is
10reasonably believed by the person to be in imminent danger of
11serious bodily harm or in which property is or is reasonably
12believed to be in imminent danger of damage or destruction.
13    (g) Paragraph (3.5) of subsection (a) does not apply to a
14peace officer or other official of a unit of government who
15enters a building or land in the performance of his or her
16official duties.
17    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
18(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
19subdivision (a)(4) is a Class A misdemeanor. A violation of
20subsection (a-5) is a Class A misdemeanor.
21    (i) Civil liability. A person may be liable in any civil
22action for money damages to the owner of the land he or she
23entered upon with a motor vehicle as prohibited under paragraph
24(4) of subsection (a) of this Section. A person may also be
25liable to the owner for court costs and reasonable attorney's
26fees. The measure of damages shall be: (i) the actual damages,

 

 

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1but not less than $250, if the vehicle is operated in a nature
2preserve or registered area as defined in Sections 3.11 and
33.14 of the Illinois Natural Areas Preservation Act; (ii) twice
4the actual damages if the owner has previously notified the
5person to cease trespassing; or (iii) in any other case, the
6actual damages, but not less than $50. If the person operating
7the vehicle is under the age of 16, the owner of the vehicle
8and the parent or legal guardian of the minor are jointly and
9severally liable. For the purposes of this subsection (i):
10        "Land" includes, but is not limited to, land used for
11    crop land, fallow land, orchard, pasture, feed lot, timber
12    land, prairie land, mine spoil nature preserves and
13    registered areas. "Land" does not include driveways or
14    private roadways upon which the owner allows the public to
15    drive.
16        "Owner" means the person who has the right to
17    possession of the land, including the owner, operator or
18    tenant.
19        "Vehicle" has the same meaning as provided under
20    Section 1-217 of the Illinois Vehicle Code.
21    (j) This Section does not apply to the following persons
22while serving process:
23        (1) a person authorized to serve process under Section
24    2-202 of the Code of Civil Procedure; or
25        (2) a special process server appointed by the circuit
26    court.

 

 

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1(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
297-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff.
36-1-13.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".