Illinois General Assembly - Full Text of Public Act 094-0263
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Public Act 094-0263


 

Public Act 0263 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0263
 
HB2441 Enrolled LRB094 09464 RLC 39715 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 21-3, 21-5, 21-7, 21-8, and 21-9 as follows:
 
    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
    Sec. 21-3. Criminal trespass to real property.
    (a) Whoever:
        (1) knowingly and without lawful authority enters or
    remains within or on a building; or
        (2) enters upon the land of another, after receiving,
    prior to such entry, notice from the owner or occupant that
    such entry is forbidden; or
        (3) remains upon the land of another, after receiving
    notice from the owner or occupant to depart; or
        (3.5) presents false documents or falsely represents
    his or her identity orally to the owner or occupant of a
    building or land in order to obtain permission from the
    owner or occupant to enter or remain in the building or on
    the land; or
        (4) enters upon one of the following areas in or on a
    motor vehicle (including an off-road vehicle, motorcycle,
    moped, or any other powered two-wheel vehicle), after
    receiving prior to that entry, notice from the owner or
    occupant that the entry is forbidden or remains upon or in
    the area after receiving notice from the owner or occupant
    to depart:
            (A) any field that is used for growing crops or
        which is capable of being used for growing crops; or
            (B) an enclosed area containing livestock; or
            (C) or an orchard; or
            (D) a barn or other agricultural building
        containing livestock;
commits a Class B misdemeanor.
    For purposes of item (1) of this subsection, this Section
shall not apply to being in a building which is open to the
public while the building is open to the public during its
normal hours of operation; nor shall this Section apply to a
person who enters a public building under the reasonable belief
that the building is still open to the public.
    (b) A person has received notice from the owner or occupant
within the meaning of Subsection (a) if he has been notified
personally, either orally or in writing including a valid court
order as defined by subsection (7) of Section 112A-3 of the
Code of Criminal Procedure of 1963 granting remedy (2) of
subsection (b) of Section 112A-14 of that Code, or if a printed
or written notice forbidding such entry has been conspicuously
posted or exhibited at the main entrance to such land or the
forbidden part thereof.
    (c) This Section does not apply to any person, whether a
migrant worker or otherwise, living on the land with permission
of the owner or of his agent having apparent authority to hire
workers on such land and assign them living quarters or a place
of accommodations for living thereon, nor to anyone living on
such land at the request of, or by occupancy, leasing or other
agreement or arrangement with the owner or his agent, nor to
anyone invited by such migrant worker or other person so living
on such land to visit him at the place he is so living upon the
land.
    (d) A person shall be exempt from prosecution under this
Section if he beautifies unoccupied and abandoned residential
and industrial properties located within any municipality. For
the purpose of this subsection, "unoccupied and abandoned
residential and industrial property" means any real estate (1)
in which the taxes have not been paid for a period of at least 2
years; and (2) which has been left unoccupied and abandoned for
a period of at least one year; and "beautifies" means to
landscape, clean up litter, or to repair dilapidated conditions
on or to board up windows and doors.
    (e) No person shall be liable in any civil action for money
damages to the owner of unoccupied and abandoned residential
and industrial property which that person beautifies pursuant
to subsection (d) of this Section.
    (f) This Section does not prohibit a person from entering a
building or upon the land of another for emergency purposes.
For purposes of this subsection (f), "emergency" means a
condition or circumstance in which an individual is or is
reasonably believed by the person to be in imminent danger of
serious bodily harm or in which property is or is reasonably
believed to be in imminent danger of damage or destruction.
    (g) Paragraph (3.5) of subsection (a) does not apply to a
peace officer or other official of a unit of government who
enters a building or land in the performance of his or her
official duties.
(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-419, eff. 8-15-97.)
 
    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)
    Sec. 21-5. Criminal Trespass to State Supported Land.
    (a) Whoever enters upon land supported in whole or in part
with State funds, or Federal funds administered or granted
through State agencies or any building on such land, after
receiving, prior to such entry, notice from the State or its
representative that such entry is forbidden, or remains upon
such land or in such building after receiving notice from the
State or its representative to depart, and who thereby
interferes with another person's lawful use or enjoyment of
such building or land, commits a Class A misdemeanor.
    (b) A person has received notice from the State within the
meaning of subsection (a) sub-section (1) if he has been
notified personally, either orally or in writing, or if a
printed or written notice forbidding such entry to him or a
group of which he is a part, has been conspicuously posted or
exhibited at the main entrance to such land or the forbidden
part thereof.
    (c) Whoever enters upon land supported in whole or in part
with State funds, or federal funds administered or granted
through State agencies or any building on such land by
presenting false documents or falsely representing his or her
identity orally to the State or its representative in order to
obtain permission from the State or its representative to enter
the building or land; or remains upon such land or in such
building by presenting false documents or falsely representing
his or her identity orally to the State or its representative
in order to remain upon such land or in such building, and who
thereby interferes with another person's lawful use or
enjoyment of such building or land, commits a Class A
misdemeanor.
    Subsection (c) does not apply to a peace officer or other
official of a unit of government who enters upon land supported
in whole or in part with State funds, or federal funds
administered or granted through State agencies or any building
on such land in the performance of his or her official duties.
(Source: P.A. 84-1041.)
 
    (720 ILCS 5/21-7)  (from Ch. 38, par. 21-7)
    Sec. 21-7. Criminal trespass to Restricted areas and
restricted Landing areas at airports.)
    (a) Whoever enters upon, or remains in, any restricted area
or restricted landing area used in connection with an airport
facility, or part thereof, in this State, after such person has
received notice from the airport authority that such entry is
forbidden commits a Class A misdemeanor. Notice that the area
is "restricted" and entry thereto "forbidden", for purposes of
this Section, means that the person or persons have been
notified personally, either orally or in writing, or by a
printed or written notice forbidding such entry to him or a
group or an organization of which he is a member, which has
been conspicuously posted or exhibited at every usable entrance
to such area or the forbidden part thereof.
    (b) Whoever enters upon, or remains in, any restricted area
or restricted landing area used in connection with an airport
facility, or part thereof, in this State by presenting false
documents or falsely representing his or her identity orally to
the airport authority commits a Class A misdemeanor.
    (c) The terms "Restricted area" or "Restricted landing
area" in this Section are defined to incorporate the meaning
ascribed to those terms in Section 8 of the "Illinois
Aeronautics Act", approved July 24, 1945, as amended, and also
include any other area of the airport that has been designated
such by the airport authority.
    (d) Subsection (b) does not apply to a peace officer or
other official of a unit of government who enters a restricted
area or a restricted landing area used in connection with an
airport facility, or part thereof, in the performance of his or
her official duties.
(Source: P.A. 81-564.)
 
    (720 ILCS 5/21-8)
    Sec. 21-8. Criminal trespass to a nuclear facility.
    (a) A person commits the offense of criminal trespass to a
nuclear facility if he or she knowingly and without lawful
authority:
        (1) enters or remains within a nuclear facility or on
    the grounds of a nuclear facility, after receiving notice
    before entry that entry to the nuclear facility is
    forbidden; or
        (2) remains within the facility or on the grounds of
    the facility after receiving notice from the owner or
    manager of the facility or other person authorized by the
    owner or manager of the facility to give that notice to
    depart from the facility or grounds of the facility; or .
        (3) enters or remains within a nuclear facility or on
    the grounds of a nuclear facility, by presenting false
    documents or falsely representing his or her identity
    orally to the owner or manager of the facility. This
    paragraph (3) does not apply to a peace officer or other
    official of a unit of government who enters or remains in
    the facility in the performance of his or her official
    duties.
    (b) A person has received notice from the owner or manager
of the facility or other person authorized by the owner or
manager of the facility within the meaning of paragraphs (1)
and (2) of subsection (a) if he or she has been notified
personally, either orally or in writing, or if a printed or
written notice forbidding the entry has been conspicuously
posted or exhibited at the main entrance to the facility or
grounds of the facility or the forbidden part of the facility.
    (c) In this Section, "nuclear facility" has the meaning
ascribed to it in Section 3 of the Illinois Nuclear Safety
Preparedness Act.
    (d) Sentence. Criminal trespass to a nuclear facility is a
Class 4 felony.
(Source: P.A. 92-575, eff. 1-1-03.)
 
    (720 ILCS 5/21-9)
    Sec. 21-9. Criminal trespass to a place of public
amusement.
    (a) A person commits the offense of criminal trespass to a
place of public amusement if he or she knowingly and without
lawful authority enters or remains on any portion of a place of
public amusement after having received notice that the general
public is restricted from access to that portion of the place
of public amusement. Such areas may include, but are not
limited to: a playing field, an athletic surface, a stage, a
locker room, or a dressing room located at the place of public
amusement.
    (a-5) A person commits the offense of criminal trespass to
a place of public amusement if he or she knowingly and without
lawful authority gains access to or remains on any portion of a
place of public amusement by presenting false documents or
falsely representing his or her identity orally to the property
owner, a lessee, an agent of either the owner or lessee, or a
performer or participant. This subsection (a-5) does not apply
to a peace officer or other official of a unit of government
who enters or remains in the place of public amusement in the
performance of his or her official duties.
    (b) A property owner, a lessee, an agent of either the
owner or lessee, or a performer or participant may use
reasonable force to restrain a trespasser and remove him or her
from the restricted area; however, any use of force beyond
reasonable force may subject that person to any applicable
criminal penalty.
    (c) A person has received notice within the meaning of
subsection (a) if he or she has been notified personally,
either orally or in writing, or if a printed or written notice
forbidding such entry has been conspicuously posted or
exhibited at the entrance to the portion of the place of public
amusement that is restricted or an oral warning has been
broadcast over the public address system of the place of public
amusement.
    (d) In this Section, "place of public amusement" means a
stadium, a theater, or any other facility of any kind, whether
licensed or not, where a live performance, a sporting event, or
any other activity takes place for other entertainment and
where access to the facility is made available to the public,
regardless of whether admission is charged.
    (e) Sentence. Criminal trespass to a place of public
amusement is a Class 4 felony. Upon imposition of any sentence,
the court shall also impose a fine of not less than $1,000. In
addition, any order of probation or conditional discharge
entered following a conviction shall include a condition that
the offender perform public or community service of not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offender was convicted.
The court may also impose any other condition of probation or
conditional discharge under this Section.
(Source: P.A. 93-407, eff. 1-1-04.)

Effective Date: 1/1/2006