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90_SB0827enr
720 ILCS 5/21-3 from Ch. 38, par. 21-3
Amends the Criminal Code of 1961. Provides that whoever
enters or remains within a building, other than a residence,
without lawful authority (now, enters after receiving notice
that entry is forbidden or remains after receiving notice to
depart) is guilty of a Class B misdemeanor. Effective
immediately.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 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 Section 21-3 as follows:
7 (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
8 Sec. 21-3. Criminal trespass to real property.
9 (a) Whoever:
10 (1) knowingly and without lawful authority enters
11 or remains within or on a building; or
12 (2) enters upon the land of another, after
13 receiving, prior to such entry, notice from the owner or
14 occupant that such entry is forbidden; or
15 (3) remains upon the land of another, after
16 receiving notice from the owner or occupant to depart; or
17 (4) enters upon one of the following areas in or on
18 a motor vehicle (including an off-road vehicle,
19 motorcycle, moped, or any other powered two-wheel
20 vehicle), after receiving prior to that entry, notice
21 from the owner or occupant that the entry is forbidden or
22 remains upon or in the area after receiving notice from
23 the owner or occupant to depart:
24 (A) any field that is used for growing crops
25 or which is capable of being used for growing crops;
26 or
27 (B) an enclosed area containing livestock; or
28 (C) or an orchard; or
29 (D) a barn or other agricultural building
30 containing livestock;
31 commits a Class B misdemeanor.
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1 For purposes of item (1) of this subsection, this Section
2 shall not apply to being in a building which is open to the
3 public while the building is open to the public during its
4 normal hours of operation; nor shall this Section apply to a
5 person who enters a public building under the reasonable
6 belief that the building is still open to the public.
7 (a) Whoever enters upon the land or a building, other
8 than a residence, or any part thereof of another, after
9 receiving, prior to such entry, notice from the owner or
10 occupant that such entry is forbidden, or remains upon the
11 land or in a building, other than a residence, of another
12 after receiving notice from the owner or occupant to depart,
13 commits a Class B misdemeanor. A person who violates this
14 subsection (a) by entering upon one of the following areas,
15 in or on a motor vehicle (including an off-road vehicle,
16 motorcycle, moped, or any other powered two-wheel vehicle),
17 after receiving prior to that entry, notice from the owner or
18 occupant that the entry is forbidden or remains upon or in
19 the area after receiving notice from the owner or occupant to
20 depart commits a Class B misdemeanor:
21 (1) any field that is used for growing crops or
22 which is capable of being used for growing crops;
23 (2) an enclosed area containing livestock;
24 (3) an orchard; or
25 (4) a barn or other agricultural building
26 containing livestock.
27 (b) A person has received notice from the owner or
28 occupant within the meaning of Subsection (a) if he has been
29 notified personally, either orally or in writing including a
30 valid court order as defined by subsection (7) of Section
31 112A-3 of the Code of Criminal Procedure of 1963 granting
32 remedy (2) of subsection (b) of Section 112A-14 of that Code,
33 or if a printed or written notice forbidding such entry has
34 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 (f) This Section does not prohibit a person from
27 entering a building or upon the land of another for emergency
28 purposes. For purposes of this subsection (f), "emergency"
29 means a condition or circumstance in which an individual is
30 or is reasonably believed by the person to be in imminent
31 danger of serious bodily harm or in which property is or is
32 reasonably believed to be in imminent danger of damage or
33 destruction.
34 (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96;
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1 89-626, eff. 8-9-96.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.