Public Act 90-0419 of the 90th General Assembly
Public Act 90-0419
SB827 Enrolled LRB9003486DNmb
AN ACT to amend the Criminal Code of 1961 by changing
Section 21-3.
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 Section 21-3 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
(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.
(a) Whoever enters upon the land or a building, other
than a residence, or any part thereof of another, after
receiving, prior to such entry, notice from the owner or
occupant that such entry is forbidden, or remains upon the
land or in a building, other than a residence, of another
after receiving notice from the owner or occupant to depart,
commits a Class B misdemeanor. A person who violates this
subsection (a) by entering 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 commits a Class B misdemeanor:
(1) any field that is used for growing crops or
which is capable of being used for growing crops;
(2) an enclosed area containing livestock;
(3) an orchard; or
(4) a barn or other agricultural building
containing livestock.
(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.
(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96;
89-626, eff. 8-9-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.