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Public Act 094-0509
Public Act 0509 94TH GENERAL ASSEMBLY
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Public Act 094-0509
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| HB0120 Enrolled |
LRB094 05519 RLC 35568 b |
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| 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 21-1 and 21-3 as follows:
| (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| Sec. 21-1. Criminal damage to property.
| (1) A person commits an illegal act when he:
| (a) knowingly damages any property of another without | his consent;
or
| (b) recklessly by means of fire or explosive damages | property of
another; or
| (c) knowingly starts a fire on the land of another | without his
consent; or
| (d) knowingly injures a domestic animal of another | without his
consent; or
| (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
| (f) damages any property, other than as described in | subsection (b) of
Section 20-1, with intent to defraud an | insurer; or
| (g) knowingly shoots a firearm at any portion of a | railroad train.
| 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.
| (2) The acts described in items (a), (b), (c), (e), and (f)
| 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
| 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
| 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
| $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.
| For the purposes of this subsection (2), "farm equipment" | means machinery
or
other equipment used in farming.
| (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.
| This subsection does not apply when the court imposes a | sentence of
incarceration.
| (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
| (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| Sec. 21-3. Criminal trespass to real property.
| (a) Except as provided in subsection (a-5), 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.
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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.
| (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
| misdemeanor:
| (1) A field that is used for growing crops or that is | capable of being
used
for
growing crops.
| (2) An enclosed area containing livestock.
| (3) An orchard.
| (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
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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.
| (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; 90-419, eff. 8-15-97.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/9/2005
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