Public Act 098-0748
 
HB5922 EnrolledLRB098 20301 MRW 55738 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 2012 is amended  by changing 
Section 21-5 as follows:
 



    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)



    Sec. 21-5. Criminal
Trespass to State Supported Land.

    (a) A person commits criminal trespass to State supported 
land when he or she enters upon land supported in whole or in 
part with State
funds, or federal funds administered or granted 
through State agencies or
any building on the land, after 
receiving, prior to the
entry, notice from the State or its 
representative that the entry is
forbidden, or remains upon the 
land or in the building after receiving
notice from the State 
or its representative to depart, and who thereby
interferes 
with another person's lawful use or enjoyment of the building

or land.

    A person has received notice from the State within the 
meaning of
this subsection if he or she has been notified 
personally, either orally or in
writing, or if a printed or 
written notice forbidding entry to him or her or
a group of 
which he or she is a part, has been conspicuously posted or 
exhibited
at the main entrance to the land or the forbidden 
part thereof.
    (a-5) A person commits criminal trespass to State supported 
land when he or she enters upon a right of way, including 
facilities and improvements thereon, owned, leased, or 
otherwise used by a public body or district organized under the 
Metropolitan Transit Authority Act, the Local Mass Transit 
District Act, or the Regional Transportation Authority Act, 
after receiving, prior to the entry, notice from the public 
body or district, or its representative, that the entry is 
forbidden, or the person remains upon the right of way after 
receiving notice from the public body or district, or its 
representative, to depart, and in either of these instances 
intends to compromise public safety by causing a delay in 
transit service lasting more than 15 minutes or destroying 
property.
    A person has received notice from the public body or 
district within the meaning of this subsection if he or she has 
been notified personally, either orally or in writing, or if a 
printed or written notice forbidding entry to him or her has 
been conspicuously posted or exhibited at any point of entrance 
to the right of way or the forbidden part of the right of way. 
    As used in this subsection (a-5), "right of way" has the 
meaning ascribed to it in Section 18c-7502 of the Illinois 
Vehicle Code. 
    (b) A person commits criminal trespass to State supported 
land when he or she enters upon land supported in whole or in 
part with State
funds, or federal funds administered or granted 
through State agencies or
any building on the land  by 
presenting false documents or falsely representing his or her 
identity orally to the State or its representative in order to 
obtain permission from the State or its representative to enter 
the building or land; or remains upon the land or in the 
building by presenting false documents or falsely representing 
his or her identity orally to  the State or its representative 
in order to remain upon the land or in the building, and who 
thereby
interferes with another person's lawful use or 
enjoyment of the building
or land.
    This subsection does not apply to a peace officer or other 
official of a unit of government who enters upon land supported 
in whole or in part with State
funds, or federal funds 
administered or granted through State agencies or
any building 
on the land in the performance of his or her official duties.


    (c) Sentence. Criminal trespass to State supported land is 
a Class A misdemeanor, except a violation of subsection (a-5) 
of this Section is a Class A misdemeanor for a first violation 
and a Class 4 felony for a second or subsequent violation. 
(Source: P.A. 97-1108, eff. 1-1-13.)