Full Text of SB2499 93rd General Assembly
SB2499sam002 93RD GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/24/2004
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LRB093 20563 RLC 49006 a |
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| AMENDMENT TO SENATE BILL 2499
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| AMENDMENT NO. ______. Amend Senate Bill 2499, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Criminal Code of 1961 is amended by | 6 |
| changing Section 21-3 as follows:
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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) Whoever:
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| (1) knowingly and without lawful authority enters or | 11 |
| remains within or on
a building; or
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| (2) enters upon the land of another, after receiving, | 13 |
| prior to such entry,
notice from the owner or occupant that | 14 |
| such entry is forbidden; or
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| (3) remains upon the land of another, after receiving | 16 |
| 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 | 18 |
| motor vehicle
(including any all-terrain vehicle, off-road | 19 |
| vehicle,
snowmobile, motorcycle, moped or any other | 20 |
| powered
two, three, or four wheeled vehicle or any | 21 |
| motorized wheeled
or tracked vehicle
an off-road vehicle, | 22 |
| motorcycle, moped, or any other powered
two-wheel | 23 |
| vehicle ), after receiving prior to that entry, notice from | 24 |
| the owner
or occupant that the entry is forbidden or |
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LRB093 20563 RLC 49006 a |
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| remains upon or in the area after
receiving notice from the | 2 |
| owner or occupant to depart:
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| (A) any field that is used for growing crops or | 4 |
| 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 | 8 |
| 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 | 11 |
| shall not apply
to being in a building which is open to the | 12 |
| public while the building is open
to the public during its | 13 |
| normal hours of operation; nor shall this Section
apply to a | 14 |
| person who enters a public building under the reasonable belief | 15 |
| that
the building is still open to the public.
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| (b) A person has received notice from the owner or occupant | 17 |
| within the
meaning of Subsection (a) if he has been notified | 18 |
| personally, either orally
or in writing including a valid court | 19 |
| order as defined by subsection (7)
of Section 112A-3 of the | 20 |
| Code of Criminal Procedure of 1963 granting remedy
(2) of | 21 |
| subsection (b) of Section 112A-14 of that Code, or if a printed | 22 |
| or
written notice forbidding such entry has been conspicuously | 23 |
| posted or
exhibited at the main entrance to such land or the | 24 |
| forbidden part thereof.
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| (c) This Section does not apply to any person, whether a | 26 |
| migrant worker
or otherwise, living on the land with permission | 27 |
| of the owner or of his
agent having apparent authority to hire | 28 |
| workers on such land and assign
them living quarters or a place | 29 |
| of accommodations for living thereon, nor
to anyone living on | 30 |
| such land at the request of, or by occupancy, leasing
or other | 31 |
| 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 | 33 |
| on such
land to visit him at the place he is so living upon the | 34 |
| land.
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| (d) A person shall be exempt from prosecution under this | 2 |
| Section if
he beautifies unoccupied and abandoned residential | 3 |
| and industrial properties
located within any municipality. For | 4 |
| the purpose of this subsection,
"unoccupied and abandoned | 5 |
| residential and industrial property" means any
real estate (1) | 6 |
| in which the taxes have not been paid for a period of at
least 2 | 7 |
| years; and (2) which has been left unoccupied and abandoned for | 8 |
| a
period of at least one year; and "beautifies" means to | 9 |
| landscape, clean up
litter, or to repair dilapidated conditions | 10 |
| on or to board up windows
and doors.
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| (e) No person shall be liable in any civil action for money | 12 |
| damages
to the owner of unoccupied and abandoned residential | 13 |
| and industrial property
which that person beautifies pursuant | 14 |
| to subsection (d) of this Section.
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| (f) This Section does not prohibit a person from entering a | 16 |
| building or
upon the land of another for emergency purposes. | 17 |
| For purposes of this
subsection (f), "emergency" means a | 18 |
| condition or circumstance in which an
individual is or is | 19 |
| reasonably believed by the person to be in imminent danger
of | 20 |
| serious bodily harm or in which property is or is reasonably | 21 |
| believed to be
in imminent danger of damage or destruction.
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| (g) Trespass with an all-terrain vehicle. | 23 |
| (1) A person may not operate a motor vehicle or | 24 |
| motorized
all-terrain vehicle (including any off-road | 25 |
| vehicle,
snowmobile, motorcycle, moped or any other | 26 |
| powered
two, three, or four wheeled vehicle) or any | 27 |
| motorized wheeled or tracked vehicle licensed or not | 28 |
| licensed
all-terrain vehicle on land without the | 29 |
| permission of the owner, operator, or tenant of the land. A | 30 |
| violation of this subsection (g) is a Class B misdemeanor. | 31 |
| (2) The owner, operator, or tenant of the land may | 32 |
| recover damages in a civil action against the trespasser. | 33 |
| The court shall award the owner, operator, or tenant the | 34 |
| damages specified in this subsection (g). The trespasser |
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| shall also be liable for court costs and the owner's, | 2 |
| operator's, or tenant's reasonable attorneys fees. | 3 |
| (3) The measure of damages shall be: | 4 |
| (A) The actual damages, but not less than $500 if | 5 |
| the motor vehicle or motorized
all-terrain vehicle | 6 |
| (including any off-road vehicle,
snowmobile, | 7 |
| motorcycle, moped or any other powered
two, three, or | 8 |
| four wheeled vehicle) or any motorized wheeled
or | 9 |
| tracked vehicle
is operated in a nature preserve area | 10 |
| as defined in Section 3.11 of the Illinois Natural | 11 |
| Areas Preservation Act; or | 12 |
| (B) Three times the actual damages, but not less | 13 |
| than $5000, if the owner, operator, or tenant has | 14 |
| previously notified the trespasser to cease | 15 |
| trespassing; or | 16 |
| (C) Otherwise, the trespasser shall be liable for | 17 |
| actual damages, but not less than $50. | 18 |
| (4) If the person operating the all-terrain vehicle is | 19 |
| a minor, the owner of the vehicle, and the parents and | 20 |
| legal guardians of the minor are jointly and severally | 21 |
| liable. | 22 |
| (5) Payment of the damages under this subsection (g) is | 23 |
| a defense to a criminal charge of trespass under this | 24 |
| Section, and to a charge of illegal operation of an | 25 |
| all-terrain vehicle in a nature preserve area under | 26 |
| subsection (c) of Section 11-1427 of the Illinois | 27 |
| Vehicle Code, and to all other civil actions for | 28 |
| trespass. Payment does not otherwise absolve the | 29 |
| operator of the all-terrain vehicle (including any | 30 |
| off-road vehicle,
snowmobile, motorcycle, moped or any | 31 |
| other powered
three or four wheeled vehicle) or any | 32 |
| motorized wheeled or
tracked vehicle
from compliance | 33 |
| with laws and regulations governing the operation of | 34 |
| those vehicles. |
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| (6) Any not for profit organization may enforce the | 2 |
| prohibition of this subsection (g) as the owner. Any | 3 |
| not for profit organization devoted to protecting | 4 |
| land, plant life or wildlife may also enter into an | 5 |
| agreement to enforce the prohibition of this | 6 |
| subsection (g) on behalf of another owner. Collection | 7 |
| of damages, costs and attorneys fees shall be deemed to | 8 |
| be consistent with such organization's not for profit | 9 |
| status. If the attorney is an employee of such not for | 10 |
| profit organization, the amount of attorneys fees | 11 |
| shall be based on the usual and customary fees charged | 12 |
| by attorneys engaged in small claims collections in the | 13 |
| county in which the action is brought. | 14 |
| (7) The term "all-terrain vehicle" is as defined in | 15 |
| Section 1-101.8 of the Illinois Vehicle Code.
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| (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | 17 |
| eff.
8-9-96; 90-419, eff. 8-15-97.)".
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