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90_HB1373ham001
LRB9002446RCmbam01
1 AMENDMENT TO HOUSE BILL 1373
2 AMENDMENT NO. . Amend House Bill 1373 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 21-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 21-3 as follows:
10 (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
11 Sec. 21-3. Criminal trespass to real property.
12 (a) Whoever:
13 (1) knowingly and without lawful authority enters
14 or remains within a building; or
15 (2) enters upon the land of another, after
16 receiving, prior to such entry, notice from the owner or
17 occupant that such entry is forbidden; or
18 (3) remains upon the land of another, after
19 receiving notice from the owner or occupant to depart; or
20 (4) enters upon one of the following areas in or on
21 a motor vehicle (including an off-road vehicle,
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1 motorcycle, moped, or any other powered two-wheel
2 vehicle), after receiving prior to that entry, notice
3 from the owner or occupant that the entry is forbidden or
4 remains upon or in the area after receiving notice from
5 the owner or occupant to depart:
6 (A) any field that is used for growing crops
7 or which is capable of being used for growing crops;
8 or
9 (B) an enclosed area containing livestock; or
10 (C) an orchard; or
11 (D) a barn or other agricultural building
12 containing livestock;
13 commits a Class B misdemeanor.
14 For purposes of item (1) of this subsection, this Section
15 shall not apply to a building which is open to the public
16 while the building is open to the public during its normal
17 hours of operation.
18 (a) Whoever enters upon the land or a building, other
19 than a residence, or any part thereof of another, after
20 receiving, prior to such entry, notice from the owner or
21 occupant that such entry is forbidden, or remains upon the
22 land or in a building, other than a residence, of another
23 after receiving notice from the owner or occupant to depart,
24 commits a Class B misdemeanor. A person who violates this
25 subsection (a) by entering upon one of the following areas,
26 in or on a motor vehicle (including an off-road vehicle,
27 motorcycle, moped, or any other powered two-wheel vehicle),
28 after receiving prior to that entry, notice from the owner or
29 occupant that the entry is forbidden or remains upon or in
30 the area after receiving notice from the owner or occupant to
31 depart commits a Class B misdemeanor:
32 (1) any field that is used for growing crops or
33 which is capable of being used for growing crops;
34 (2) an enclosed area containing livestock;
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1 (3) an orchard; or
2 (4) a barn or other agricultural building
3 containing livestock.
4 (b) A person has received notice from the owner or
5 occupant within the meaning of Subsection (a) if he has been
6 notified personally, either orally or in writing including a
7 valid court order as defined by subsection (7) of Section
8 112A-3 of the Code of Criminal Procedure of 1963 granting
9 remedy (2) of subsection (b) of Section 112A-14 of that Code,
10 or if a printed or written notice forbidding such entry has
11 been conspicuously posted or exhibited at the main entrance
12 to such land or the forbidden part thereof.
13 (c) This Section does not apply to any person, whether a
14 migrant worker or otherwise, living on the land with
15 permission of the owner or of his agent having apparent
16 authority to hire workers on such land and assign them living
17 quarters or a place of accommodations for living thereon, nor
18 to anyone living on such land at the request of, or by
19 occupancy, leasing or other agreement or arrangement with the
20 owner or his agent, nor to anyone invited by such migrant
21 worker or other person so living on such land to visit him at
22 the place he is so living upon the land.
23 (d) A person shall be exempt from prosecution under this
24 Section if he beautifies unoccupied and abandoned residential
25 and industrial properties located within any municipality.
26 For the purpose of this subsection, "unoccupied and abandoned
27 residential and industrial property" means any real estate
28 (1) in which the taxes have not been paid for a period of at
29 least 2 years; and (2) which has been left unoccupied and
30 abandoned for a period of at least one year; and "beautifies"
31 means to landscape, clean up litter, or to repair dilapidated
32 conditions on or to board up windows and doors.
33 (e) No person shall be liable in any civil action for
34 money damages to the owner of unoccupied and abandoned
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1 residential and industrial property which that person
2 beautifies pursuant to subsection (d) of this Section.
3 (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96;
4 89-626, eff. 8-9-96.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".