Public Act 93-0407

SB1915 Enrolled                      LRB093 08765 RCE 08996 b

    AN ACT in relation to 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 adding
Section 21-9 as follows:

    (720 ILCS 5/21-9 new)
    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.
    (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.