Judiciary II - Criminal Law Committee
Filed: 03/04/04
 
 

 




 

 		












09300HB3869ham001

LRB093 13668 AMC 48420 a






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AMENDMENT TO HOUSE BILL 3869 




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    AMENDMENT NO. ______. Amend House Bill 3869  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended by 
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changing
Sections 21-1 and 21-3 as follows:


 
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    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)

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    Sec. 21-1. Criminal damage to property.


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    (1) A person commits an illegal act when he:


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        (a) knowingly damages any property of another without 
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his consent;
or


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        (b) recklessly by means of fire or explosive damages 
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property of
another; or


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        (c) knowingly starts a fire on the land of another 
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without his
consent; or


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        (d) knowingly injures a domestic animal of another 
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without his
consent; or


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        (e) knowingly deposits on the land or in the building 
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of another,
without his consent, any stink bomb or any 
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offensive smelling compound
and thereby intends to 
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interfere with the use by another of the land or
building; 
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or


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        (f) damages any property, other than as described in 
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subsection (b) of
Section 20-1, with intent to defraud an 
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insurer; or


 


 






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        (g) knowingly shoots a firearm at any portion of a 
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railroad train.


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    When the charge of criminal damage to property exceeding a 
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specified
value is brought, the extent of the damage is an 
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element of the offense to
be resolved by the trier of fact as 
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either exceeding or not exceeding
the specified value.


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    (2) The acts described in items (a), (b), (c), (e), and (f)

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are Class
A misdemeanors if the damage to property does not 
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exceed $300.
 The acts
described in items (a), (b), (c), (e), 
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and (f) are Class 4
felonies if the damage to
property does not 
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exceed $300 if the damage occurs to property of a school
or

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place of worship or to farm equipment or immovable items of 
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agricultural
production, including
but not
limited to grain 
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bins and barns.  The act described in item (d) is a Class 4

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felony if the
damage to property does not exceed $10,000.  The 
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act
described in item (g) is a Class 4 felony.  The acts 
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described in items (a),
(b), (c), (e), and (f) are Class 4 
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felonies if the damage to property
exceeds $300 but does not 
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exceed $10,000.  The acts described in items (a)
through (f) are 
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Class 3 felonies if the damage to property exceeds $300 but

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does not exceed $10,000 if the damage occurs to property of a 
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school
or place
of worship or to farm equipment or immovable 
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items of agricultural
production,
including
but not
limited to 
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grain bins and barns.  The acts described in items (a)
through 
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(f) are Class 3 felonies if the damage to property
exceeds 
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$10,000 but does not exceed $100,000.  The acts described in 
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items
(a) through (f) are Class 2 felonies if the damage to 
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property exceeds $10,000
but does not exceed $100,000 if the 
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damage occurs to property of a school
or
place of worship or to 
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farm equipment or immovable items
of agricultural production, 
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including
but not
limited to grain bins and barns.
The acts 
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described in items
(a) through (f) are Class 2 felonies if the 
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damage to property exceeds
$100,000.  The acts described in 
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items (a) through (f) are Class 1 felonies
if the damage to 
 


 






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property exceeds $100,000 and the damage occurs to property of

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a school or place of worship or to farm equipment or immovable 
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items
of agricultural production, including
but not
limited to 
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grain bins and barns.
 If the damage to property exceeds 
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$10,000,
the
court shall impose
upon the offender a fine equal 
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to the value of the damages to the property.


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    For the purposes of this subsection (2), "farm equipment" 
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means machinery
or
other equipment used in farming.


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    (3) In addition to any other sentence that may be imposed, 
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a court shall
order any person convicted of criminal damage to 
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property to perform community
service for not less than 30 and 
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not more than 120 hours, if community service
is available in 
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the jurisdiction
and is funded and approved by the county board 
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of the county where the
offense was committed.
In addition, 
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whenever any person is placed
on supervision for an alleged 
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offense under this Section, the supervision shall
be 
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conditioned upon the performance of the community service.


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    This subsection does not apply when the court imposes a 
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sentence of
incarceration.


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(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)

 
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    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)

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    Sec. 21-3. Criminal trespass to real property.


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    (a) Except as provided in subsection (a-5), whoever:


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        (1) knowingly and without lawful authority enters or 
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remains within or on
a building; or


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        (2) enters upon the land of another, after receiving, 
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prior to such entry,
notice from the owner or occupant that 
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such entry is forbidden; or


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        (3) remains upon the land of another, after receiving 
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notice from the
owner or occupant to depart; or


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        (4) enters upon one of the following areas in or on a 
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motor vehicle
(including an off-road vehicle, motorcycle, 
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moped, or any other powered
two-wheel vehicle), after 
 


 






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receiving prior to that entry, notice from the owner
or 
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occupant that the entry is forbidden or remains upon or in 
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the area after
receiving notice from the owner or occupant 
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to depart:

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            (A) any field that is used for growing crops or 
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which is capable of
being used for growing crops; or

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            (B) an enclosed area containing livestock; or

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            (C) or an orchard; or

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            (D) a barn or other agricultural building 
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containing livestock;


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commits a Class B misdemeanor.


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    For purposes of item (1) of this subsection, this Section 
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shall not apply
to being in a building which is open to the 
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public while the building is open
to the public during its 
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normal hours of operation; nor shall this Section
apply to a 
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person who enters a public building under the reasonable belief 
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that
the building is still open to the public.


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    (a-5) Except as otherwise provided in this subsection, 
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whoever enters upon
any of
the following areas in or on a motor 
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vehicle (including an off-road vehicle,
motorcycle,
moped, or 
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any other powered two-wheel vehicle) after receiving, prior to 
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that
entry,
notice from the owner or occupant that the entry is 
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forbidden or remains upon
or in the
area after receiving notice 
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from the owner or occupant to depart commits a
Class A

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misdemeanor:

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        (1) A field that is used for growing crops or that is 
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capable of being
used
for
growing crops.

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        (2) An enclosed area containing livestock.

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        (3) An orchard.

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        (4) A barn or other agricultural building containing 
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livestock.

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    (b) A person has received notice from the owner or occupant 
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within the
meaning of Subsection (a) if he has been notified 
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personally, either orally
or in writing including a valid court 
 


 






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order as defined by subsection (7)
of Section 112A-3 of the 
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Code of Criminal Procedure of 1963 granting remedy
(2) of 
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subsection (b) of Section 112A-14 of that Code, or if a printed 
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or
written notice forbidding such entry has been conspicuously 
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posted or
exhibited at the main entrance to such land or the 
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forbidden part thereof.


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    (c) This Section does not apply to any person, whether a 
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migrant worker
or otherwise, living on the land with permission 
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of the owner or of his
agent having apparent authority to hire 
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workers on such land and assign
them living quarters or a place 
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of accommodations for living thereon, nor
to anyone living on 
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such land at the request of, or by occupancy, leasing
or other 
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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 
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on such
land to visit him at the place he is so living upon the 
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land.


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    (d) A person shall be exempt from prosecution under this 
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Section if
he beautifies unoccupied and abandoned residential 
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and industrial properties
located within any municipality.  For 
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the purpose of this subsection,
"unoccupied and abandoned 
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residential and industrial property" means any
real estate (1) 
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in which the taxes have not been paid for a period of at
least 2 
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years; and (2) which has been left unoccupied and abandoned for 
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a
period of at least one year; and "beautifies" means to 
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landscape, clean up
litter, or to repair dilapidated conditions 
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on or to board up windows
and doors.


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    (e) No person shall be liable in any civil action for money 
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damages
to the owner of unoccupied and abandoned residential 
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and industrial property
which that person beautifies pursuant 
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to subsection (d) of this Section.


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    (f) This Section does not prohibit a person from entering a 
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building or
upon the land of another for emergency purposes.  
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For purposes of this
subsection (f), "emergency" means a 
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condition or circumstance in which an
individual is or is 
 


 






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reasonably believed by the person to be in imminent danger
of 
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serious bodily harm or in which property is or is reasonably 
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believed to be
in imminent danger of damage or destruction.


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(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, 
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eff.
8-9-96; 90-419, eff. 8-15-97.)


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