Public Act 094-0509
 		





HB0120 Enrolled
LRB094 05519 RLC 35568 b






    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.


    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

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.