Full Text of SB1914 97th General Assembly
SB1914eng 97TH GENERAL ASSEMBLY |
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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 1961 is amended by changing | 5 | | Section 21-3 as follows: | 6 | | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| 7 | | Sec. 21-3. Criminal trespass to real property.
| 8 | | (a) Except as provided in subsection (a-5), whoever:
| 9 | | (1) knowingly and without lawful authority enters or | 10 | | remains within or on
a building; or
| 11 | | (2) enters upon the land of another, after receiving, | 12 | | prior to such entry,
notice from the owner or occupant that | 13 | | such entry is forbidden; or
| 14 | | (3) remains upon the land of another, after receiving | 15 | | notice from the
owner or occupant to depart;
or
| 16 | | (3.5) presents false documents or falsely represents | 17 | | his or her identity orally to the owner or occupant of a | 18 | | building or land in order to obtain permission from the | 19 | | owner or occupant to enter or remain in the building or on | 20 | | the land; | 21 | | commits a Class B misdemeanor. | 22 | | For purposes of item (1) of this subsection, this Section | 23 | | shall not apply
to being in a building which is open to the |
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| 1 | | public while the building is open
to the public during its | 2 | | normal hours of operation; nor shall this Section
apply to a | 3 | | person who enters a public building under the reasonable belief | 4 | | that
the building is still open to the public.
| 5 | | (a-5) Except as otherwise provided in this subsection, | 6 | | whoever enters upon
any of
the following areas in or on a motor | 7 | | vehicle (including an off-road vehicle,
motorcycle,
moped, or | 8 | | any other powered two-wheel vehicle) after receiving, prior to | 9 | | that
entry,
notice from the owner or occupant that the entry is | 10 | | forbidden or remains upon
or in the
area after receiving notice | 11 | | from the owner or occupant to depart commits a
Class A
| 12 | | misdemeanor:
| 13 | | (1) A field that is used for growing crops or that is | 14 | | capable of being
used
for
growing crops.
| 15 | | (2) An enclosed area containing livestock.
| 16 | | (3) An orchard.
| 17 | | (4) A barn or other agricultural building containing | 18 | | livestock.
| 19 | | (b) A person has received notice from the owner or occupant | 20 | | within the
meaning of Subsection (a) if he has been notified | 21 | | personally, either orally
or in writing including a valid court | 22 | | order as defined by subsection (7)
of Section 112A-3 of the | 23 | | Code of Criminal Procedure of 1963 granting remedy
(2) of | 24 | | subsection (b) of Section 112A-14 of that Code, or if a printed | 25 | | or
written notice forbidding such entry has been conspicuously | 26 | | posted or
exhibited at the main entrance to such land or the |
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| 1 | | forbidden part thereof.
| 2 | | (b-5) Subject to the provisions of subsection (b-10), as an | 3 | | alternative to the posting of real property as set forth in | 4 | | subsection (b), the owner or lessee of any real property may | 5 | | post the property by placing identifying purple marks on trees | 6 | | or posts around the area to be posted. Each purple mark shall | 7 | | be: | 8 | | (1) A vertical line of at least 8 inches in length and the | 9 | | bottom of the mark shall be no less than 3 feet nor more than 5 | 10 | | feet high. Such marks shall be placed no more than 100 feet | 11 | | apart and shall be readily visible to any person approaching | 12 | | the property; or | 13 | | (2) A post capped or otherwise marked on at least its top 2 | 14 | | inches. The bottom of the cap or mark shall be not less than 3 | 15 | | feet but not more than 5 feet 6 inches high. Posts so marked | 16 | | shall be placed not more than 36 feet apart and shall be | 17 | | readily visible to any person approaching the property. Prior | 18 | | to applying a cap or mark which is visible from both sides of a | 19 | | fence shared by different property owners or lessees, all such | 20 | | owners or lessees shall concur in the decision to post their | 21 | | own property. | 22 | | (b-10) Any owner or lessee who marks his or her real | 23 | | property using the method described in subsection (b-5) must | 24 | | also provide notice as described in subsection (b) of this | 25 | | Section. The public of this State shall be informed of the | 26 | | provisions of subsection (b-5) of this Section by the Illinois |
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| 1 | | Department of Agriculture and the Illinois Department of | 2 | | Natural Resources. These Departments shall conduct an | 3 | | information campaign for the general public concerning the | 4 | | interpretation and implementation of subsection (b-5). The | 5 | | information shall inform the public about the marking | 6 | | requirements and the applicability of subsection (b-5) | 7 | | including information regarding the size requirements of the | 8 | | markings as well as the manner in which the markings shall be | 9 | | displayed. The Departments shall also include information | 10 | | regarding the requirement that, until the date this subsection | 11 | | becomes inoperative, any owner or lessee who chooses to mark | 12 | | his or her property using paint, must also comply with one of | 13 | | the notice requirements listed in subsection (b). The | 14 | | Departments may prepare a brochure or may disseminate the | 15 | | information through agency websites. Non-governmental | 16 | | organizations including, but not limited to, the Illinois | 17 | | Forestry Association, Illinois Tree Farm and the Walnut Council | 18 | | may help to disseminate the information regarding the | 19 | | requirements and applicability of subsection (b-5) based on | 20 | | materials provided by the Departments. This subsection (b-10) | 21 | | is inoperative on and after January 1, 2013.
| 22 | | (c) This Section does not apply to any person, whether a | 23 | | migrant worker
or otherwise, living on the land with permission | 24 | | of the owner or of his
agent having apparent authority to hire | 25 | | workers on such land and assign
them living quarters or a place | 26 | | of accommodations for living thereon, nor
to anyone living on |
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| 1 | | such land at the request of, or by occupancy, leasing
or other | 2 | | agreement or arrangement with the owner or his agent, nor to
| 3 | | anyone invited by such migrant worker or other person so living | 4 | | on such
land to visit him at the place he is so living upon the | 5 | | land.
| 6 | | (d) A person shall be exempt from prosecution under this | 7 | | Section if
he beautifies unoccupied and abandoned residential | 8 | | and industrial properties
located within any municipality. For | 9 | | the purpose of this subsection,
"unoccupied and abandoned | 10 | | residential and industrial property" means any
real estate (1) | 11 | | in which the taxes have not been paid for a period of at
least 2 | 12 | | years; and (2) which has been left unoccupied and abandoned for | 13 | | a
period of at least one year; and "beautifies" means to | 14 | | landscape, clean up
litter, or to repair dilapidated conditions | 15 | | on or to board up windows
and doors.
| 16 | | (e) No person shall be liable in any civil action for money | 17 | | damages
to the owner of unoccupied and abandoned residential | 18 | | and industrial property
which that person beautifies pursuant | 19 | | to subsection (d) of this Section.
| 20 | | (f) This Section does not prohibit a person from entering a | 21 | | building or
upon the land of another for emergency purposes. | 22 | | For purposes of this
subsection (f), "emergency" means a | 23 | | condition or circumstance in which an
individual is or is | 24 | | reasonably believed by the person to be in imminent danger
of | 25 | | serious bodily harm or in which property is or is reasonably | 26 | | believed to be
in imminent danger of damage or destruction.
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| 1 | | (g) Paragraph (3.5) of subsection (a) does not apply to a | 2 | | peace officer or other official of a unit of government who | 3 | | enters a building or land in the performance of his or her | 4 | | official duties.
| 5 | | (h) A person may be liable in any civil action for money | 6 | | damages to the owner of the land he or she entered upon with a | 7 | | motor vehicle as prohibited under subsection (a-5) of this | 8 | | Section. A person may also be liable to the owner for court | 9 | | costs and reasonable attorney's fees. The measure of damages | 10 | | shall be: (i) the actual damages, but not less than $250, if | 11 | | the vehicle is operated in a nature preserve or registered area | 12 | | as defined in Sections 3.11 and 3.14 of the Illinois Natural | 13 | | Areas Preservation Act; (ii) twice the actual damages if the | 14 | | owner has previously notified the person to cease trespassing; | 15 | | or (iii) in any other case, the actual damages, but not less | 16 | | than $50. If the person operating the vehicle is under the age | 17 | | of 16, the owner of the vehicle and the parent or legal | 18 | | guardian of the minor are jointly and severally liable. For the | 19 | | purposes of this subsection (h): | 20 | | "Land" includes, but is not limited to, land used for | 21 | | crop land, fallow land, orchard, pasture, feed lot, timber | 22 | | land, prairie land, mine spoil nature preserves and | 23 | | registered areas. "Land" does not include driveways or | 24 | | private roadways upon which the owner allows the public to | 25 | | drive.
| 26 | | "Owner" means the person who has the right to |
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| 1 | | possession of the land, including the owner, operator or | 2 | | tenant.
| 3 | | "Vehicle" has the same meaning as provided under | 4 | | Section 1-217 of the Illinois Vehicle Code.
| 5 | | (Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, | 6 | | eff. 1-1-06; 95-331, eff. 8-21-07.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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