|
|
|
|
HB1086 Engrossed |
|
LRB094 07175 RLC 37330 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing |
| 5 |
| Section 21-3 as follows:
|
| 6 |
| (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
|
| 7 |
| Sec. 21-3. Criminal trespass to real property.
|
| 8 |
| (a) Whoever:
|
| 9 |
| (1) knowingly and without lawful authority enters or |
| 10 |
| remains within or on
a building; or
|
| 11 |
| (2) enters upon the land of another, after receiving, |
| 12 |
| prior to such entry,
notice from the owner or occupant that |
| 13 |
| such entry is forbidden; or
|
| 14 |
| (3) remains upon the land of another, after receiving |
| 15 |
| notice from the
owner or occupant to depart; or
|
| 16 |
| (4) enters upon one of the following areas in or on a |
| 17 |
| motor vehicle
(including an off-road vehicle, motorcycle, |
| 18 |
| moped, or any other powered
two-wheel vehicle), after |
| 19 |
| receiving prior to that entry, notice from the owner
or |
| 20 |
| occupant that the entry is forbidden or remains upon or in |
| 21 |
| the area after
receiving notice from the owner or occupant |
| 22 |
| to depart:
|
| 23 |
| (A) any field that is used for growing crops or |
| 24 |
| which is capable of
being used for growing crops; or
|
| 25 |
| (B) an enclosed area containing livestock; or
|
| 26 |
| (C) or an orchard; or
|
| 27 |
| (D) a barn or other agricultural building |
| 28 |
| containing livestock;
|
| 29 |
| commits a Class B misdemeanor.
|
| 30 |
| For purposes of item (1) of this subsection, this Section |
| 31 |
| shall not apply
to entering into the public area of
being in a |
| 32 |
| building which is open to the public while the building is open
|
|
|
|
HB1086 Engrossed |
- 2 - |
LRB094 07175 RLC 37330 b |
|
|
| 1 |
| to the public during its normal hours of operation; nor shall |
| 2 |
| item (1) of this subsection
this Section
apply to a person who |
| 3 |
| enters the public area of a public building under the |
| 4 |
| reasonable belief that
the building is still open to the |
| 5 |
| public.
|
| 6 |
| (b) A person has received notice from the owner or occupant |
| 7 |
| within the
meaning of Subsection (a) if he has been notified |
| 8 |
| personally, either orally
or in writing including a valid court |
| 9 |
| order as defined by subsection (7)
of Section 112A-3 of the |
| 10 |
| Code of Criminal Procedure of 1963 granting remedy
(2) of |
| 11 |
| subsection (b) of Section 112A-14 of that Code, or if a printed |
| 12 |
| or
written notice forbidding such entry has been conspicuously |
| 13 |
| posted or
exhibited at the main entrance to such land or the |
| 14 |
| forbidden part thereof.
|
| 15 |
| (c) This Section does not apply to any person, whether a |
| 16 |
| migrant worker
or otherwise, living on the land with permission |
| 17 |
| of the owner or of his
agent having apparent authority to hire |
| 18 |
| workers on such land and assign
them living quarters or a place |
| 19 |
| of accommodations for living thereon, nor
to anyone living on |
| 20 |
| such land at the request of, or by occupancy, leasing
or other |
| 21 |
| agreement or arrangement with the owner or his agent, nor to
|
| 22 |
| anyone invited by such migrant worker or other person so living |
| 23 |
| on such
land to visit him at the place he is so living upon the |
| 24 |
| land.
|
| 25 |
| (d) A person shall be exempt from prosecution under this |
| 26 |
| Section if
he beautifies unoccupied and abandoned residential |
| 27 |
| and industrial properties
located within any municipality. For |
| 28 |
| the purpose of this subsection,
"unoccupied and abandoned |
| 29 |
| residential and industrial property" means any
real estate (1) |
| 30 |
| in which the taxes have not been paid for a period of at
least 2 |
| 31 |
| years; and (2) which has been left unoccupied and abandoned for |
| 32 |
| a
period of at least one year; and "beautifies" means to |
| 33 |
| landscape, clean up
litter, or to repair dilapidated conditions |
| 34 |
| on or to board up windows
and doors.
|
| 35 |
| (e) No person shall be liable in any civil action for money |
| 36 |
| damages
to the owner of unoccupied and abandoned residential |
|
|
|
HB1086 Engrossed |
- 3 - |
LRB094 07175 RLC 37330 b |
|
|
| 1 |
| and industrial property
which that person beautifies pursuant |
| 2 |
| to subsection (d) of this Section.
|
| 3 |
| (f) This Section does not prohibit a person from entering a |
| 4 |
| building or
upon the land of another for emergency purposes. |
| 5 |
| For purposes of this
subsection (f), "emergency" means a |
| 6 |
| condition or circumstance in which an
individual is or is |
| 7 |
| reasonably believed by the person to be in imminent danger
of |
| 8 |
| serious bodily harm or in which property is or is reasonably |
| 9 |
| believed to be
in imminent danger of damage or destruction.
|
| 10 |
| (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, |
| 11 |
| eff.
8-9-96; 90-419, eff. 8-15-97.)
|