Public Act 097-0477
 
SB1914 EnrolledLRB097 08157 RLC 48280 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 
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) 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

        (3.5) presents false documents or falsely represents 
    his or her identity orally to the owner or occupant of a 
    building or land in order to obtain permission from the 
    owner or occupant to enter or remain in the building or on 
    the land;
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.

    (b-5) Subject to the provisions of subsection (b-10), as an 
alternative to the posting of real property as set forth in 
subsection (b), the owner or lessee of any real property may 
post the property by placing identifying purple marks on trees 
or posts around the area to be posted. Each purple mark shall 
be:
    (1) A vertical line of at least 8 inches in length and the 
bottom of the mark shall be no less than 3 feet nor more than 5 
feet high. Such marks shall be placed no more than 100 feet 
apart and shall be readily visible to any person approaching 
the property; or
    (2) A post capped or otherwise marked on at least its top 2 
inches. The bottom of the cap or mark shall be not less than 3 
feet but not more than 5 feet 6 inches high. Posts so marked 
shall be placed not more than 36 feet apart and shall be 
readily visible to any person approaching the property. Prior 
to applying a cap or mark which is visible from both sides of a 
fence shared by different property owners or lessees, all such 
owners or lessees shall concur in the decision to post their 
own property.
    Nothing in this subsection (b-5) shall be construed to 
authorize the owner or lessee of any real property to place any 
purple marks on any tree or post or to install any  post or 
fence if doing so would violate any applicable law, rule, 
ordinance, order, covenant, bylaw, declaration, regulation, 
restriction, contract, or instrument. 
    (b-10) Any owner or lessee who marks his or her real 
property using the method described in subsection (b-5) must 
also provide notice as described in subsection (b) of this 
Section.  The public of this State shall be informed of the 
provisions of subsection (b-5) of this Section by the Illinois 
Department of Agriculture and the Illinois Department of 
Natural Resources.  These Departments shall conduct an 
information campaign for the general public concerning the 
interpretation and implementation of subsection (b-5).  The 
information shall inform the public about the marking 
requirements and the applicability of subsection (b-5) 
including information regarding the size requirements of the 
markings as well as the manner in which the markings shall be 
displayed.  The Departments shall also include information 
regarding the requirement that, until the date this subsection 
becomes inoperative, any owner or lessee who chooses to mark 
his or her property using paint, must also comply with one of 
the notice requirements listed in subsection (b).  The 
Departments may prepare a brochure or may disseminate the 
information through agency websites.  Non-governmental 
organizations including, but not limited to, the Illinois 
Forestry Association, Illinois Tree Farm and the Walnut Council 
may help to disseminate the information regarding the 
requirements and applicability of subsection (b-5) based on 
materials provided by the Departments.  This subsection (b-10) 
is inoperative on and after January 1, 2013. 

    (b-15)  Subsections (b-5) and (b-10) do not apply to real 
property located in a municipality of over 2,000,000 
inhabitants. 
    (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.


    (g) Paragraph (3.5) of subsection (a) does not apply to a 
peace officer or other official of a unit of government who 
enters a building or land in the performance of his or her 
official duties.

    (h) A person may be liable in any civil action for money 
damages to the owner of the land he or she entered upon with a 
motor vehicle as prohibited under subsection (a-5) of this 
Section.  A person may also be liable to the owner for court 
costs and reasonable attorney's fees.    The measure of damages 
shall be: (i) the actual damages, but not less than $250, if 
the vehicle is operated in a nature preserve or registered area 
as defined in Sections 3.11 and 3.14 of the Illinois Natural 
Areas Preservation Act; (ii) twice the actual damages if the 
owner has previously notified the person to cease trespassing; 
or (iii) in any other case, the actual damages, but not less 
than $50.  If the person operating the vehicle is under the age 
of 16, the owner of the vehicle and the parent or legal 
guardian of the minor are jointly and severally liable.  For the 
purposes of this subsection (h):
        "Land" includes, but is not limited to, land used for 
    crop land, fallow land, orchard, pasture, feed lot, timber 
    land, prairie land, mine spoil nature preserves and 
    registered areas.  "Land" does not include driveways or 
    private roadways upon which the owner allows the public to 
    drive.

        "Owner" means the person who has the right to 
    possession of the land, including the owner, operator or 
    tenant.

        "Vehicle" has the same meaning as provided under 
    Section 1-217 of the Illinois Vehicle Code.

(Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, 
eff. 1-1-06; 95-331, eff. 8-21-07.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.