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| Public Act 094-0509 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing
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Sections 21-1 and 21-3 as follows:
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(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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Sec. 21-1. Criminal damage to property.
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(1) A person commits an illegal act when he:
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(a) knowingly damages any property of another without | ||||
his consent;
or
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(b) recklessly by means of fire or explosive damages | ||||
property of
another; or
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(c) knowingly starts a fire on the land of another | ||||
without his
consent; or
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(d) knowingly injures a domestic animal of another | ||||
without his
consent; or
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(e) knowingly deposits on the land or in the building | ||||
of another,
without his consent, any stink bomb or any | ||||
offensive smelling compound
and thereby intends to | ||||
interfere with the use by another of the land or
building; | ||||
or
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(f) damages any property, other than as described in | ||||
subsection (b) of
Section 20-1, with intent to defraud an | ||||
insurer; or
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(g) knowingly shoots a firearm at any portion of a | ||||
railroad train.
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When the charge of criminal damage to property exceeding a | ||||
specified
value is brought, the extent of the damage is an | ||||
element of the offense to
be resolved by the trier of fact as | ||||
either exceeding or not exceeding
the specified value.
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(2) The acts described in items (a), (b), (c), (e), and (f)
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are Class
A misdemeanors if the damage to property does not | ||||
exceed $300.
The acts
described in items (a), (b), (c), (e), | ||
and (f) are Class 4
felonies if the damage to
property does not | ||
exceed $300 if the damage occurs to property of a school
or
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place of worship or to farm equipment or immovable items of | ||
agricultural
production, including
but not
limited to grain | ||
elevators, grain bins, and barns. The act described in item (d) | ||
is a Class 4
felony if the
damage to property does not exceed | ||
$10,000. The act
described in item (g) is a Class 4 felony. The | ||
acts described in items (a),
(b), (c), (e), and (f) are Class 4 | ||
felonies if the damage to property
exceeds $300 but does not | ||
exceed $10,000. The acts described in items (a)
through (f) are | ||
Class 3 felonies if the damage to property exceeds $300 but
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does not exceed $10,000 if the damage occurs to property of a | ||
school
or place
of worship or to farm equipment or immovable | ||
items of agricultural
production,
including
but not
limited to | ||
grain elevators, grain bins, and barns. The acts described in | ||
items (a)
through (f) are Class 3 felonies if the damage to | ||
property
exceeds $10,000 but does not exceed $100,000. The acts | ||
described in items
(a) through (f) are Class 2 felonies if the | ||
damage to property exceeds $10,000
but does not exceed $100,000 | ||
if the damage occurs to property of a school
or
place of | ||
worship or to farm equipment or immovable items
of agricultural | ||
production, including
but not
limited to grain elevators, grain | ||
bins, and barns.
The acts described in items
(a) through (f) | ||
are Class 2 felonies if the damage to property exceeds
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$100,000. The acts described in items (a) through (f) are Class | ||
1 felonies
if the damage to property exceeds $100,000 and the | ||
damage occurs to property of
a school or place of worship or to | ||
farm equipment or immovable items
of agricultural production, | ||
including
but not
limited to grain elevators, grain bins, and | ||
barns.
If the damage to property exceeds $10,000,
the
court | ||
shall impose
upon the offender a fine equal to the value of the | ||
damages to the property.
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For the purposes of this subsection (2), "farm equipment" | ||
means machinery
or
other equipment used in farming.
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(3) In addition to any other sentence that may be imposed, | ||
a court shall
order any person convicted of criminal damage to | ||
property to perform community
service for 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
offense was committed.
In addition, | ||
whenever any person is placed
on supervision for an alleged | ||
offense under this Section, the supervision shall
be | ||
conditioned upon the performance of the community service.
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This subsection does not apply when the court imposes a | ||
sentence of
incarceration.
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(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
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(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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Sec. 21-3. Criminal trespass to real property.
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(a) Except as provided in subsection (a-5), whoever:
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(1) knowingly and without lawful authority enters or | ||
remains within or on
a building; or
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(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
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(3) remains upon the land of another, after receiving | ||
notice from the
owner or occupant to depart; or
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(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:
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(A) any field that is used for growing crops or | ||
which is capable of
being used for growing crops; or
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(B) an enclosed area containing livestock; or
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(C) or an orchard; or
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(D) a barn or other agricultural building | ||
containing livestock;
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commits a Class B misdemeanor.
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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.
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(a-5) Except as otherwise provided in this subsection, | ||
whoever enters upon
any 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 commits a
Class A
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misdemeanor:
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(1) A field that is used for growing crops or that is | ||
capable of being
used
for
growing crops.
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(2) An enclosed area containing livestock.
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(3) An orchard.
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(4) A barn or other agricultural building containing | ||
livestock.
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(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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||