Illinois General Assembly - Full Text of HB3832
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Full Text of HB3832  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Jerry Costello, II


720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1
720 ILCS 5/21-3  from Ch. 38, par. 21-3

    Amends the Criminal Code of 2012. Creates the offense of aggravated criminal trespass to real property. Provides that a person commits the offense when he or she commits criminal trespass to real property while he or she possesses a firearm. Provides that a violation is a Class A misdemeanor. Effective immediately.

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HB3832LRB100 10386 RLC 20583 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 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
17trespass to real property, mob action, disorderly conduct,
18harassment by telephone, or harassment through electronic
19communications as these crimes are defined in Sections 12-1,
2012-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1,
2126.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
22this Code, respectively.
23    (b) Except as provided in subsection (b-5), hate crime is a



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1Class 4 felony for a first offense and a Class 2 felony for a
2second or subsequent offense.
3    (b-5) Hate crime is a Class 3 felony for a first offense
4and a Class 2 felony for a second or subsequent offense if
6        (1) in a church, synagogue, mosque, or other building,
7    structure, or place used for religious worship or other
8    religious purpose;
9        (2) in a cemetery, mortuary, or other facility used for
10    the purpose of burial or memorializing the dead;
11        (3) in a school or other educational facility,
12    including an administrative facility or public or private
13    dormitory facility of or associated with the school or
14    other educational facility;
15        (4) in a public park or an ethnic or religious
16    community center;
17        (5) on the real property comprising any location
18    specified in clauses (1) through (4) of this subsection
19    (b-5); or
20        (6) on a public way within 1,000 feet of the real
21    property comprising any location specified in clauses (1)
22    through (4) of this subsection (b-5).
23    (b-10) Upon imposition of any sentence, the trial court
24shall also either order restitution paid to the victim or
25impose a fine up to $1,000. In addition, any order of probation
26or conditional discharge entered following a conviction or an



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1adjudication of delinquency shall include a condition that the
2offender perform public or community service of no less than
3200 hours if that service is established in the county where
4the offender was convicted of hate crime. In addition, any
5order of probation or conditional discharge entered following a
6conviction or an adjudication of delinquency shall include a
7condition that the offender enroll in an educational program
8discouraging hate crimes if the offender caused criminal damage
9to property consisting of religious fixtures, objects, or
10decorations. The educational program may be administered, as
11determined by the court, by a university, college, community
12college, non-profit organization, or the Holocaust and
13Genocide Commission. Nothing in this subsection (b-10)
14prohibits courses discouraging hate crimes from being made
15available online. The court may also impose any other condition
16of probation or conditional discharge under this Section.
17    (c) Independent of any criminal prosecution or the result
18thereof, any person suffering injury to his person or damage to
19his property as a result of hate crime may bring a civil action
20for damages, injunction or other appropriate relief. The court
21may award actual damages, including damages for emotional
22distress, or punitive damages. A judgment may include
23attorney's fees and costs. The parents or legal guardians,
24other than guardians appointed pursuant to the Juvenile Court
25Act or the Juvenile Court Act of 1987, of an unemancipated
26minor shall be liable for the amount of any judgment for actual



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1damages rendered against such minor under this subsection (c)
2in any amount not exceeding the amount provided under Section 5
3of the Parental Responsibility Law.
4    (d) "Sexual orientation" has the meaning ascribed to it in
5paragraph (O-1) of Section 1-103 of the Illinois Human Rights
7(Source: P.A. 99-77, eff. 1-1-16.)
8    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
9    Sec. 21-3. Criminal trespass to real property; aggravated
10criminal trespass to real property.
11    (a) A person commits criminal trespass to real property
12when he or she:
13        (1) knowingly and without lawful authority enters or
14    remains within or on a building;
15        (2) enters upon the land of another, after receiving,
16    prior to the entry, notice from the owner or occupant that
17    the entry is forbidden;
18        (3) remains upon the land of another, after receiving
19    notice from the owner or occupant to depart;
20        (3.5) presents false documents or falsely represents
21    his or her identity orally to the owner or occupant of a
22    building or land in order to obtain permission from the
23    owner or occupant to enter or remain in the building or on
24    the land;
25        (3.7) intentionally removes a notice posted on



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1    residential real estate as required by subsection (l) of
2    Section 15-1505.8 of Article XV of the Code of Civil
3    Procedure before the date and time set forth in the notice;
4    or
5        (4) enters a field used or capable of being used for
6    growing crops, an enclosed area containing livestock, an
7    agricultural building containing livestock, or an orchard
8    in or on a motor vehicle (including an off-road vehicle,
9    motorcycle, moped, or any other powered two-wheel vehicle)
10    after receiving, prior to the entry, notice from the owner
11    or occupant that the entry is forbidden or remains upon or
12    in the area after receiving notice from the owner or
13    occupant to depart.
14    For purposes of item (1) of this subsection, this Section
15shall not apply to being in a building which is open to the
16public while the building is open to the public during its
17normal hours of operation; nor shall this Section apply to a
18person who enters a public building under the reasonable belief
19that the building is still open to the public.
20    (a-5) A person commits aggravated criminal trespass to real
21property when he or she commits criminal trespass to real
22property in violation of subsection (a) while he or she
23possesses a firearm.
24    (b) A person has received notice from the owner or occupant
25within the meaning of subsection Subsection (a) if he or she
26has been notified personally, either orally or in writing



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1including a valid court order as defined by subsection (7) of
2Section 112A-3 of the Code of Criminal Procedure of 1963
3granting remedy (2) of subsection (b) of Section 112A-14 of
4that Code, or if a printed or written notice forbidding such
5entry has been conspicuously posted or exhibited at the main
6entrance to the land or the forbidden part thereof.
7    (b-5) Subject to the provisions of subsection (b-10), as an
8alternative to the posting of real property as set forth in
9subsection (b), the owner or lessee of any real property may
10post the property by placing identifying purple marks on trees
11or posts around the area to be posted. Each purple mark shall
13        (1) A vertical line of at least 8 inches in length and
14    the bottom of the mark shall be no less than 3 feet nor
15    more than 5 feet high. Such marks shall be placed no more
16    than 100 feet apart and shall be readily visible to any
17    person approaching the property; or
18        (2) A post capped or otherwise marked on at least its
19    top 2 inches. The bottom of the cap or mark shall be not
20    less than 3 feet but not more than 5 feet 6 inches high.
21    Posts so marked shall be placed not more than 36 feet apart
22    and shall be readily visible to any person approaching the
23    property. Prior to applying a cap or mark which is visible
24    from both sides of a fence shared by different property
25    owners or lessees, all such owners or lessees shall concur
26    in the decision to post their own property.



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1    Nothing in this subsection (b-5) shall be construed to
2authorize the owner or lessee of any real property to place any
3purple marks on any tree or post or to install any post or
4fence if doing so would violate any applicable law, rule,
5ordinance, order, covenant, bylaw, declaration, regulation,
6restriction, contract, or instrument.
7    (b-10) Any owner or lessee who marks his or her real
8property using the method described in subsection (b-5) must
9also provide notice as described in subsection (b) of this
10Section. The public of this State shall be informed of the
11provisions of subsection (b-5) of this Section by the Illinois
12Department of Agriculture and the Illinois Department of
13Natural Resources. These Departments shall conduct an
14information campaign for the general public concerning the
15interpretation and implementation of subsection (b-5). The
16information shall inform the public about the marking
17requirements and the applicability of subsection (b-5)
18including information regarding the size requirements of the
19markings as well as the manner in which the markings shall be
20displayed. The Departments shall also include information
21regarding the requirement that, until the date this subsection
22becomes inoperative, any owner or lessee who chooses to mark
23his or her property using paint, must also comply with one of
24the notice requirements listed in subsection (b). The
25Departments may prepare a brochure or may disseminate the
26information through agency websites. Non-governmental



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1organizations including, but not limited to, the Illinois
2Forestry Association, Illinois Tree Farm and the Walnut Council
3may help to disseminate the information regarding the
4requirements and applicability of subsection (b-5) based on
5materials provided by the Departments. This subsection (b-10)
6is inoperative on and after January 1, 2013.
7    (b-15) Subsections (b-5) and (b-10) do not apply to real
8property located in a municipality of over 2,000,000
10    (c) This Section does not apply to any person, whether a
11migrant worker or otherwise, living on the land with permission
12of the owner or of his or her agent having apparent authority
13to hire workers on this land and assign them living quarters or
14a place of accommodations for living thereon, nor to anyone
15living on the land at the request of, or by occupancy, leasing
16or other agreement or arrangement with the owner or his or her
17agent, nor to anyone invited by the migrant worker or other
18person so living on the land to visit him or her at the place he
19is so living upon the land.
20    (d) A person shall be exempt from prosecution under this
21Section if he or she beautifies unoccupied and abandoned
22residential and industrial properties located within any
23municipality. For the purpose of this subsection, "unoccupied
24and abandoned residential and industrial property" means any
25real estate (1) in which the taxes have not been paid for a
26period of at least 2 years; and (2) which has been left



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1unoccupied and abandoned for a period of at least one year; and
2"beautifies" means to landscape, clean up litter, or to repair
3dilapidated conditions on or to board up windows and doors.
4    (e) No person shall be liable in any civil action for money
5damages to the owner of unoccupied and abandoned residential
6and industrial property which that person beautifies pursuant
7to subsection (d) of this Section.
8    (e-5) Mortgagee or agent of the mortgagee exceptions.
9        (1) A mortgagee or agent of the mortgagee shall be
10    exempt from prosecution for criminal trespass for
11    entering, securing, or maintaining an abandoned
12    residential property.
13        (2) No mortgagee or agent of the mortgagee shall be
14    liable to the mortgagor or other owner of an abandoned
15    residential property in any civil action for negligence or
16    civil trespass in connection with entering, securing, or
17    maintaining the abandoned residential property.
18        (3) For the purpose of this subsection (e-5) only,
19    "abandoned residential property" means mortgaged real
20    estate that the mortgagee or agent of the mortgagee
21    determines in good faith meets the definition of abandoned
22    residential property set forth in Section 15-1200.5 of
23    Article XV of the Code of Civil Procedure.
24    (f) This Section does not prohibit a person from entering a
25building or upon the land of another for emergency purposes.
26For purposes of this subsection (f), "emergency" means a



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1condition or circumstance in which an individual is or is
2reasonably believed by the person to be in imminent danger of
3serious bodily harm or in which property is or is reasonably
4believed to be in imminent danger of damage or destruction.
5    (g) Paragraph (3.5) of subsection (a) does not apply to a
6peace officer or other official of a unit of government who
7enters a building or land in the performance of his or her
8official duties.
9    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
10(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
11subdivision (a)(4) is a Class A misdemeanor. A violation of
12subsection (a-5) is a Class A misdemeanor.
13    (i) Civil liability. A person may be liable in any civil
14action for money damages to the owner of the land he or she
15entered upon with a motor vehicle as prohibited under paragraph
16(4) of subsection (a) of this Section. A person may also be
17liable to the owner for court costs and reasonable attorney's
18fees. The measure of damages shall be: (i) the actual damages,
19but not less than $250, if the vehicle is operated in a nature
20preserve or registered area as defined in Sections 3.11 and
213.14 of the Illinois Natural Areas Preservation Act; (ii) twice
22the actual damages if the owner has previously notified the
23person to cease trespassing; or (iii) in any other case, the
24actual damages, but not less than $50. If the person operating
25the vehicle is under the age of 16, the owner of the vehicle
26and the parent or legal guardian of the minor are jointly and



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1severally liable. For the purposes of this subsection (i):
2        "Land" includes, but is not limited to, land used for
3    crop land, fallow land, orchard, pasture, feed lot, timber
4    land, prairie land, mine spoil nature preserves and
5    registered areas. "Land" does not include driveways or
6    private roadways upon which the owner allows the public to
7    drive.
8        "Owner" means the person who has the right to
9    possession of the land, including the owner, operator or
10    tenant.
11        "Vehicle" has the same meaning as provided under
12    Section 1-217 of the Illinois Vehicle Code.
13    (j) This Section does not apply to the following persons
14while serving process:
15        (1) a person authorized to serve process under Section
16    2-202 of the Code of Civil Procedure; or
17        (2) a special process server appointed by the circuit
18    court.
19(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
2097-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.