SB2795 93RD GENERAL ASSEMBLY

LRB093 20900 RLC 46859 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2795

Introduced 2/5/2004, by John J. Cullerton

SYNOPSIS AS INTRODUCED:

720 ILCS 5/21-3

from Ch. 38, par. 21-3

Amends the Criminal Code of 1961. Provides that a person may not operate an all-terrain vehicle on land without the permission of the owner of the land. Provides that a violation is a Class B misdemeanor. Provides that the owner of the land may recover damages in a civil action against the trespasser. Provides that the court shall award the owner specified damages. Provides that the trespasser shall also be liable for court costs and the owner's reasonable attorneys fees.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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) 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

(4) enters upon one 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:

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

(B) an enclosed area containing livestock; or

(C) or an orchard; or

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

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.

(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.

(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) Trespass with an all-terrain vehicle.

(1) A person may not operate an all-terrain vehicle on land without the permission of the owner of the land. A violation of this subsection (g) is a Class B misdemeanor.

(2) The owner of the land may recover damages in a civil action against the trespasser. The court shall award the owner the damages specified in this subsection (g). The trespasser shall also be liable for court costs and the owner's reasonable attorneys fees.

(3) The measure of damages shall be:

(A) The actual damages, but not less than $500: (i) if the all-terrain vehicle is operated in a nature preserve area as defined in Section 3.11 of the Illinois Natural Areas Preservation Act, or (ii) if the owner has posted signs prohibiting entry by all-terrain vehicles; or

(B) Three times the actual damages, but not less than $5000, if the owner has previously notified the trespasser to cease trespassing; or

(C) Otherwise, the trespasser shall be liable for actual damages, but not less than $50.

(4) If the person operating the all-terrain vehicle is a minor, the owner of the vehicle, and the parents and legal guardians of the minor are jointly and severally liable.

(5) Payment of the damages under this subsection (g) is a defense to a criminal charge of trespass under this Section, and to a charge of illegal operation of an all-terrain vehicle in a nature preserve area under subsection (c) of Section 11-1427 of the Illinois Vehicle Code, and to all other civil actions for trespass. Payment does not otherwise absolve the operator of the all-terrain vehicle from compliance with laws and regulations governing the operation of those vehicle.

(6) Any not for profit organization may enforce the prohibition of this subsection (g) as the owner. Any not for profit organization devoted to protecting land, plant life or wildlife may also enter into an agreement to enforce the prohibition of this subsection (g) on behalf of another owner. Collection of damages, costs and attorneys fees shall be deemed to be consistent with such organization's not for profit status. If the attorney is an employee of such not for profit organization, the amount of attorneys fees shall be based on the usual and customary fees charged by attorneys engaged in small claims collections in the county in which the action is brought.

(7) The term "all-terrain vehicle" is as defined in Section 1-101.8 of the Illinois Vehicle Code.

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