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90_HB1373
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
720 ILCS 5/19-4 from Ch. 38, par. 19-4
720 ILCS 5/21-3 from Ch. 38, par. 21-3
730 ILCS 5/5-9-1.5 from Ch. 38, par. 1005-9-1.5
Amends the Criminal Code of 1961 and the Unified Code of
Corrections. Changes name of the offense of "criminal
trespass to residence" to "criminal trespass to a building or
residence". Includes in the offense of criminal trespass to
a residence, knowingly, without authority, entering or
remaining within or on a building, water tower, grain silo,
or residence. Removes references to buildings and barns in
criminal trespass to real property offense. Effective
immediately.
LRB9002446RCpcB
LRB9002446RCpcB
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-7.1, 19-4 and 21-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-7.1, 19-4 and 21-3 as follows:
7 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
8 Sec. 12-7.1. Hate crime.
9 (a) A person commits hate crime when, by reason of the
10 actual or perceived race, color, creed, religion, ancestry,
11 gender, sexual orientation, physical or mental disability, or
12 national origin of another individual or group of
13 individuals, he commits assault, battery, aggravated assault,
14 misdemeanor theft, criminal trespass to residence, criminal
15 trespass to a building or residence, misdemeanor criminal
16 damage to property, criminal trespass to vehicle, criminal
17 trespass to real property, mob action or disorderly conduct
18 as these crimes are defined in Sections 12-1, 12-2, 12-3,
19 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this Code,
20 respectively, or harassment by telephone as defined in
21 Section 1-1 of the Obscene Phone Call Act against a victim
22 who is: (i) the other individual; (ii) a member of the group
23 of individuals; (iii) a person who has an association with,
24 is married to, or has a friendship with the other individual
25 or a member of the group of individuals; or (iv) a relative
26 (by blood or marriage) of a person described in clause (i),
27 (ii), or (iii).
28 (b) Hate crime is a Class 4 felony for a first offense
29 and a Class 2 felony for a second or subsequent offense. Any
30 order of probation or conditional discharge entered following
31 a conviction for an offense under this Section shall include,
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1 a condition that the offender perform public or community
2 service of no less than 200 hours if that service is
3 established in the county where the offender was convicted of
4 hate crime. In addition the court may impose any other
5 condition of probation or conditional discharge under this
6 Section.
7 (c) Independent of any criminal prosecution or the
8 result thereof, any person suffering injury to his person or
9 damage to his property as a result of hate crime may bring a
10 civil action for damages, injunction or other appropriate
11 relief. The court may award actual damages, including damages
12 for emotional distress, or punitive damages. A judgment may
13 include attorney's fees and costs. The parents or legal
14 guardians, other than guardians appointed pursuant to the
15 Juvenile Court Act or the Juvenile Court Act of 1987, of an
16 unemancipated minor shall be liable for the amount of any
17 judgment for actual damages rendered against such minor under
18 this subsection (c) in any amount not exceeding the amount
19 provided under Section 5 of the Parental Responsibility Law.
20 (d) "Sexual orientation" means heterosexuality,
21 homosexuality, or bisexuality.
22 (Source: P.A. 88-45; 88-259; 88-659; 89-689, eff. 12-31-96.)
23 (720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
24 Sec. 19-4. Criminal Trespass to a building or residence
25 Residence. (a) A person commits the offense of criminal
26 trespass to a building or residence when, without authority,
27 he knowingly enters or remains within or on any building,
28 water tower, grain silo, or any residence, including a house
29 trailer. For purposes of this Section, in the case of a
30 multi-unit residential building or complex, "residence" shall
31 only include the portion of the building or complex which is
32 the actual dwelling place of any person and shall not include
33 such places as common recreational areas or lobbies.
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1 (b) Sentence. Criminal trespass to a building or
2 residence is a Class A misdemeanor.
3 (Source: P.A. 83-1070.)
4 (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
5 Sec. 21-3. Criminal trespass to real property.
6 (a) Whoever enters upon the land or a building, other
7 than a residence, or any part thereof of another, after
8 receiving, prior to such entry, notice from the owner or
9 occupant that such entry is forbidden, or remains upon the
10 land or in a building, other than a residence, of another
11 after receiving notice from the owner or occupant to depart,
12 commits a Class B misdemeanor. A person who violates this
13 subsection (a) by entering upon one of the following areas,
14 in or on a motor vehicle (including an off-road vehicle,
15 motorcycle, moped, or any other powered two-wheel vehicle),
16 after receiving prior to that entry, notice from the owner or
17 occupant that the entry is forbidden or remains upon or in
18 the area after receiving notice from the owner or occupant to
19 depart commits a Class B misdemeanor:
20 (1) any field that is used for growing crops or
21 which is capable of being used for growing crops;
22 (2) an enclosed area containing livestock;
23 (3) an orchard; or
24 (4) (Blank). a barn or other agricultural building
25 containing livestock.
26 (b) A person has received notice from the owner or
27 occupant within the meaning of Subsection (a) if he has been
28 notified personally, either orally or in writing including a
29 valid court order as defined by subsection (7) of Section
30 112A-3 of the Code of Criminal Procedure of 1963 granting
31 remedy (2) of subsection (b) of Section 112A-14 of that Code,
32 or if a printed or written notice forbidding such entry has
33 been conspicuously posted or exhibited at the main entrance
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1 to such land or the forbidden part thereof.
2 (c) This Section does not apply to any person, whether a
3 migrant worker or otherwise, living on the land with
4 permission of the owner or of his agent having apparent
5 authority to hire workers on such land and assign them living
6 quarters or a place of accommodations for living thereon, nor
7 to anyone living on such land at the request of, or by
8 occupancy, leasing or other agreement or arrangement with the
9 owner or his agent, nor to anyone invited by such migrant
10 worker or other person so living on such land to visit him at
11 the place he is so living upon the land.
12 (d) A person shall be exempt from prosecution under this
13 Section if he beautifies unoccupied and abandoned residential
14 and industrial properties located within any municipality.
15 For the purpose of this subsection, "unoccupied and abandoned
16 residential and industrial property" means any real estate
17 (1) in which the taxes have not been paid for a period of at
18 least 2 years; and (2) which has been left unoccupied and
19 abandoned for a period of at least one year; and "beautifies"
20 means to landscape, clean up litter, or to repair dilapidated
21 conditions on or to board up windows and doors.
22 (e) No person shall be liable in any civil action for
23 money damages to the owner of unoccupied and abandoned
24 residential and industrial property which that person
25 beautifies pursuant to subsection (d) of this Section.
26 (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96;
27 89-626, eff. 8-9-96.)
28 Section 10. The Unified Code of Corrections is amended
29 by changing Section 5-9-1.5 as follows:
30 (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
31 Sec. 5-9-1.5. Domestic violence fine. In addition to
32 any other penalty imposed, a fine of $100 shall be imposed
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1 upon any person who pleads guilty or no contest to or who is
2 convicted of murder, voluntary manslaughter, involuntary
3 manslaughter, burglary, residential burglary, criminal
4 trespass to residence, criminal trespass to a building or
5 residence, criminal trespass to vehicle, criminal trespass to
6 land, criminal damage to property, telephone harassment,
7 kidnapping, aggravated kidnapping, unlawful restraint,
8 forcible detention, child abduction, indecent solicitation of
9 a child, sexual relations between siblings, exploitation of a
10 child, child pornography, assault, aggravated assault,
11 battery, aggravated battery, heinous battery, aggravated
12 battery of a child, domestic battery, reckless conduct,
13 intimidation, criminal sexual assault, predatory criminal
14 sexual assault of a child, aggravated criminal sexual
15 assault, criminal sexual abuse, aggravated criminal sexual
16 abuse, violation of an order of protection, disorderly
17 conduct, endangering the life or health of a child, child
18 abandonment, contributing to dependency or neglect of child,
19 or cruelty to children and others; provided that the offender
20 and victim are family or household members as defined in
21 Section 103 of the Illinois Domestic Violence Act of 1986.
22 Upon request of the victim or the victim's representative,
23 the court shall determine whether the fine will impose an
24 undue burden on the victim of the offense. For purposes of
25 this paragraph, the defendant may not be considered the
26 victim's representative. If the court finds that the fine
27 would impose an undue burden on the victim, the court may
28 reduce or waive the fine. The court shall order that the
29 defendant may not use funds belonging solely to the victim of
30 the offense for payment of the fine. The circuit clerk shall
31 remit each fine within one month of its receipt to the State
32 Treasurer for deposit as follows: (i) for sexual assault, as
33 defined in Section 5-9-1.7, when the offender and victim are
34 family members, one-half to the Domestic Violence Shelter and
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1 Service Fund, and one-half to the Sexual Assault Services
2 Fund; (ii) for the remaining offenses to the Domestic
3 Violence Shelter and Service Fund.
4 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.