Full Text of HB3832 100th General Assembly
HB3832 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3832 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-7.1 | from Ch. 38, par. 12-7.1 | 720 ILCS 5/21-3 | from Ch. 38, par. 21-3 |
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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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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | 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 | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, or | 11 | | national origin of another individual or
group of individuals, | 12 | | regardless of the existence of any other motivating
factor or | 13 | | factors, he commits assault, battery, aggravated assault, | 14 | | misdemeanor
theft, criminal trespass to residence, misdemeanor | 15 | | criminal damage
to property, criminal trespass to vehicle, | 16 | | criminal trespass to real property, aggravated criminal | 17 | | trespass to real property,
mob action, disorderly conduct, | 18 | | harassment by telephone, or harassment through electronic
| 19 | | communications as these crimes are defined in Sections 12-1,
| 20 | | 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, | 21 | | 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of | 22 | | this Code,
respectively.
| 23 | | (b) Except as provided in subsection (b-5), hate crime is a |
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| 1 | | Class 4
felony for a first offense and a Class 2 felony for a | 2 | | second or subsequent
offense.
| 3 | | (b-5) Hate crime is a Class 3 felony for a first offense | 4 | | and a Class 2
felony for a second or subsequent offense if | 5 | | committed:
| 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 | 24 | | shall also either order restitution paid to the victim
or | 25 | | impose a fine up to $1,000. In addition, any order of probation | 26 | | or
conditional discharge entered following a conviction or an |
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| 1 | | adjudication of
delinquency shall include a condition that the | 2 | | offender perform public or
community service of no less than | 3 | | 200 hours if that service is established in
the county where | 4 | | the offender was convicted of hate crime. In addition, any | 5 | | order of probation or
conditional discharge entered following a | 6 | | conviction or an adjudication of
delinquency shall include a | 7 | | condition that the offender enroll in an educational program | 8 | | discouraging hate crimes if the offender caused criminal damage
| 9 | | to property consisting of religious fixtures, objects, or | 10 | | decorations. The educational program may be administered, as | 11 | | determined by the court, by a university, college, community | 12 | | college, non-profit organization, or the Holocaust and | 13 | | Genocide Commission. Nothing in this subsection (b-10) | 14 | | prohibits courses discouraging hate crimes from being made | 15 | | available online. The court may also
impose any other condition | 16 | | of probation or conditional discharge under this
Section.
| 17 | | (c) Independent of any criminal prosecution or the result
| 18 | | thereof, any
person suffering injury to his person or damage to | 19 | | his property as a result
of hate crime may bring a civil action | 20 | | for damages, injunction
or other appropriate relief. The court | 21 | | may award actual damages, including
damages for emotional | 22 | | distress, or punitive damages. A judgment may include
| 23 | | attorney's fees and costs. The parents or legal guardians, | 24 | | other than
guardians appointed pursuant to the Juvenile Court | 25 | | Act or the Juvenile
Court Act of 1987, of an unemancipated | 26 | | minor shall be liable for the amount
of any judgment for actual |
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| 1 | | damages rendered against such minor under this
subsection (c) | 2 | | in any amount not exceeding the amount provided under
Section 5 | 3 | | of the Parental Responsibility Law.
| 4 | | (d) "Sexual orientation" has the meaning ascribed to it in | 5 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 6 | | Act.
| 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 | 10 | | criminal trespass to real property .
| 11 | | (a) A person commits criminal trespass to real property | 12 | | when 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 | 15 | | shall not apply
to being in a building which is open to the | 16 | | public while the building is open
to the public during its | 17 | | normal hours of operation; nor shall this Section
apply to a | 18 | | person who enters a public building under the reasonable belief | 19 | | that
the building is still open to the public.
| 20 | | (a-5) A person commits aggravated criminal trespass to real | 21 | | property when he or she commits criminal trespass to real | 22 | | property in violation of subsection (a) while he or she | 23 | | possesses a firearm. | 24 | | (b) A person has received notice from the owner or occupant | 25 | | within the
meaning of subsection Subsection (a) if he or she | 26 | | has been notified personally, either orally
or in writing |
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| 1 | | including a valid court order as defined by subsection (7)
of | 2 | | Section 112A-3 of the Code of Criminal Procedure of 1963 | 3 | | granting remedy
(2) of subsection (b) of Section 112A-14 of | 4 | | that Code, or if a printed or
written notice forbidding such | 5 | | entry has been conspicuously posted or
exhibited at the main | 6 | | entrance to the land or the forbidden part thereof.
| 7 | | (b-5) Subject to the provisions of subsection (b-10), as an | 8 | | alternative to the posting of real property as set forth in | 9 | | subsection (b), the owner or lessee of any real property may | 10 | | post the property by placing identifying purple marks on trees | 11 | | or posts around the area to be posted. Each purple mark shall | 12 | | be: | 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 | 2 | | authorize the owner or lessee of any real property to place any | 3 | | purple marks on any tree or post or to install any post or | 4 | | fence if doing so would violate any applicable law, rule, | 5 | | ordinance, order, covenant, bylaw, declaration, regulation, | 6 | | restriction, contract, or instrument. | 7 | | (b-10) Any owner or lessee who marks his or her real | 8 | | property using the method described in subsection (b-5) must | 9 | | also provide notice as described in subsection (b) of this | 10 | | Section. The public of this State shall be informed of the | 11 | | provisions of subsection (b-5) of this Section by the Illinois | 12 | | Department of Agriculture and the Illinois Department of | 13 | | Natural Resources. These Departments shall conduct an | 14 | | information campaign for the general public concerning the | 15 | | interpretation and implementation of subsection (b-5). The | 16 | | information shall inform the public about the marking | 17 | | requirements and the applicability of subsection (b-5) | 18 | | including information regarding the size requirements of the | 19 | | markings as well as the manner in which the markings shall be | 20 | | displayed. The Departments shall also include information | 21 | | regarding the requirement that, until the date this subsection | 22 | | becomes inoperative, any owner or lessee who chooses to mark | 23 | | his or her property using paint, must also comply with one of | 24 | | the notice requirements listed in subsection (b). The | 25 | | Departments may prepare a brochure or may disseminate the | 26 | | information through agency websites. Non-governmental |
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| 1 | | organizations including, but not limited to, the Illinois | 2 | | Forestry Association, Illinois Tree Farm and the Walnut Council | 3 | | may help to disseminate the information regarding the | 4 | | requirements and applicability of subsection (b-5) based on | 5 | | materials provided by the Departments. This subsection (b-10) | 6 | | is inoperative on and after January 1, 2013.
| 7 | | (b-15) Subsections (b-5) and (b-10) do not apply to real | 8 | | property located in a municipality of over 2,000,000 | 9 | | inhabitants. | 10 | | (c) This Section does not apply to any person, whether a | 11 | | migrant worker
or otherwise, living on the land with permission | 12 | | of the owner or of his
or her agent having apparent authority | 13 | | to hire workers on this land and assign
them living quarters or | 14 | | a place of accommodations for living thereon, nor
to anyone | 15 | | living on the land at the request of, or by occupancy, leasing
| 16 | | or other agreement or arrangement with the owner or his or her | 17 | | agent, nor to
anyone invited by the migrant worker or other | 18 | | person so living on the
land to visit him or her at the place he | 19 | | is so living upon the land.
| 20 | | (d) A person shall be exempt from prosecution under this | 21 | | Section if
he or she beautifies unoccupied and abandoned | 22 | | residential and industrial properties
located within any | 23 | | municipality. For the purpose of this subsection,
"unoccupied | 24 | | and abandoned residential and industrial property" means any
| 25 | | real estate (1) in which the taxes have not been paid for a | 26 | | period of at
least 2 years; and (2) which has been left |
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| 1 | | unoccupied and abandoned for a
period of at least one year; and | 2 | | "beautifies" means to landscape, clean up
litter, or to repair | 3 | | dilapidated conditions on or to board up windows
and doors.
| 4 | | (e) No person shall be liable in any civil action for money | 5 | | damages
to the owner of unoccupied and abandoned residential | 6 | | and industrial property
which that person beautifies pursuant | 7 | | to 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 | 25 | | building or
upon the land of another for emergency purposes. | 26 | | For purposes of this
subsection (f), "emergency" means a |
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| 1 | | condition or circumstance in which an
individual is or is | 2 | | reasonably believed by the person to be in imminent danger
of | 3 | | serious bodily harm or in which property is or is reasonably | 4 | | believed to be
in imminent danger of damage or destruction.
| 5 | | (g) Paragraph (3.5) of subsection (a) does not apply to a | 6 | | peace officer or other official of a unit of government who | 7 | | enters a building or land in the performance of his or her | 8 | | official 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 | 11 | | subdivision (a)(4) is a Class A misdemeanor. A violation of | 12 | | subsection (a-5) is a Class A misdemeanor. | 13 | | (i) Civil liability. A person may be liable in any civil | 14 | | action for money damages to the owner of the land he or she | 15 | | entered upon with a motor vehicle as prohibited under paragraph | 16 | | (4) of subsection (a) of this Section. A person may also be | 17 | | liable to the owner for court costs and reasonable attorney's | 18 | | fees. The measure of damages shall be: (i) the actual damages, | 19 | | but not less than $250, if the vehicle is operated in a nature | 20 | | preserve or registered area as defined in Sections 3.11 and | 21 | | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice | 22 | | the actual damages if the owner has previously notified the | 23 | | person to cease trespassing; or (iii) in any other case, the | 24 | | actual damages, but not less than $50. If the person operating | 25 | | the vehicle is under the age of 16, the owner of the vehicle | 26 | | and the parent or legal guardian of the minor are jointly and |
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| 1 | | severally 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 | 14 | | while 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; | 20 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. | 21 | | 6-1-13 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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