093_SB1915ham001

 










                                     LRB093 08765 RLC 16536 a

 1                    AMENDMENT TO SENATE BILL 1915

 2        AMENDMENT NO.     .  Amend Senate Bill 1915 by  replacing
 3    the title with the following:
 4        AN ACT in relation to criminal law."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5. The Criminal  Code  of  1961  is  amended  by
 8    adding Section 21-9 as follows:

 9        (720 ILCS 5/21-9 new)
10        Sec.  21-9.  Criminal  trespass  to  a  place  of  public
11    amusement.
12        (a)  A person commits the offense of criminal trespass to
13    a  place  of  public  amusement  if  he  or she knowingly and
14    without lawful authority enters or remains on any portion  of
15    a place of public amusement after having received notice that
16    the  general public is restricted from access to that portion
17    of the place of public amusement. Such areas may include, but
18    are not limited to: a playing field, an athletic  surface,  a
19    stage, a locker room, or a dressing room located at the place
20    of public amusement.
21        (b)  A  property  owner, a lessee, an agent of either the
 
                            -2-      LRB093 08765 RLC 16536 a
 1    owner or lessee,  or  a  performer  or  participant  may  use
 2    reasonable  force  to restrain a trespasser and remove him or
 3    her from the restricted  area;  however,  any  use  of  force
 4    beyond  reasonable  force  may  subject  that  person  to any
 5    applicable criminal penalty.
 6        (c)  A person has received notice within the  meaning  of
 7    subsection  (a)  if  he  or she has been notified personally,
 8    either orally or in writing,  or  if  a  printed  or  written
 9    notice forbidding such entry has been conspicuously posted or
10    exhibited  at  the  entrance  to  the portion of the place of
11    public amusement that is restricted or an  oral  warning  has
12    been broadcast over the public address system of the place of
13    public amusement.
14        (d)  In this Section, "place of public amusement" means a
15    stadium,  a  theater,  or  any  other  facility  of any kind,
16    whether licensed or not, where a live performance, a sporting
17    event,  or  any  other  activity  takes   place   for   other
18    entertainment  and  where  access  to  the  facility  is made
19    available to the public, regardless of whether  admission  is
20    charged.
21        (e)  Sentence.  Criminal  trespass  to  a place of public
22    amusement is  a  Class  4  felony.  Upon  imposition  of  any
23    sentence, the court shall also impose a fine of not less than
24    $1,000.  In  addition,  any order of probation or conditional
25    discharge entered following  a  conviction  shall  include  a
26    condition  that  the  offender  perform  public  or community
27    service of not less than 30 and not more than 120  hours,  if
28    community  service  is  available  in the jurisdiction and is
29    funded and approved by the county board of the  county  where
30    the  offender  was  convicted.  The court may also impose any
31    other condition of probation or conditional  discharge  under
32    this Section.".