Full Text of SB3538 98th General Assembly
SB3538eng 98TH GENERAL ASSEMBLY |
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| 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 2012 is amended by changing | 5 | | Section 21-5 as follows:
| 6 | | (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
| 7 | | Sec. 21-5. Criminal
Trespass to State Supported Land.
| 8 | | (a) A person commits criminal trespass to State supported | 9 | | land when he or she enters upon land supported in whole or in | 10 | | part with State
funds, or federal funds administered or granted | 11 | | through State agencies or
any building on the land, after | 12 | | receiving, prior to the
entry, notice from the State or its | 13 | | representative that the entry is
forbidden, or remains upon the | 14 | | land or in the building after receiving
notice from the State | 15 | | or its representative to depart, and who thereby
interferes | 16 | | with another person's lawful use or enjoyment of the building
| 17 | | or land.
| 18 | | A person has received notice from the State within the | 19 | | meaning of
this subsection if he or she has been notified | 20 | | personally, either orally or in
writing, or if a printed or | 21 | | written notice forbidding entry to him or her or
a group of | 22 | | which he or she is a part, has been conspicuously posted or | 23 | | exhibited
at the main entrance to the land or the forbidden |
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| 1 | | part thereof. | 2 | | (a-5) A person commits criminal trespass to State supported | 3 | | land when he or she enters upon a right of way, including | 4 | | facilities and improvements thereon, owned, leased, or | 5 | | otherwise used by a public body or district organized under the | 6 | | Metropolitan Transit Authority Act, the Local Mass Transit | 7 | | District Act, or the Regional Transportation Authority Act, | 8 | | after receiving, prior to the entry, notice from the public | 9 | | body or district, or its representative, that the entry is | 10 | | forbidden, or the person remains upon the right of way after | 11 | | receiving notice from the public body or district, or its | 12 | | representative, to depart, and in either of these instances | 13 | | intends to compromise public safety by causing a delay in | 14 | | transit service lasting more than 15 minutes or destroying | 15 | | property. | 16 | | A person has received notice from the public body or | 17 | | district within the meaning of this subsection if he or she has | 18 | | been notified personally, either orally or in writing, or if a | 19 | | printed or written notice forbidding entry to him or her has | 20 | | been conspicuously posted or exhibited at any point of entrance | 21 | | to the right of way or the forbidden part of the right of way. | 22 | | As used in this subsection (a-5), "right of way" has the | 23 | | meaning ascribed to it in Section 18c-7502 of the Illinois | 24 | | Vehicle Code. | 25 | | (b) A person commits criminal trespass to State supported | 26 | | land when he or she enters upon land supported in whole or in |
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| 1 | | part with State
funds, or federal funds administered or granted | 2 | | through State agencies or
any building on the land by | 3 | | presenting false documents or falsely representing his or her | 4 | | identity orally to the State or its representative in order to | 5 | | obtain permission from the State or its representative to enter | 6 | | the building or land; or remains upon the land or in the | 7 | | building by presenting false documents or falsely representing | 8 | | his or her identity orally to the State or its representative | 9 | | in order to remain upon the land or in the building, and who | 10 | | thereby
interferes with another person's lawful use or | 11 | | enjoyment of the building
or land. | 12 | | This subsection does not apply to a peace officer or other | 13 | | official of a unit of government who enters upon land supported | 14 | | in whole or in part with State
funds, or federal funds | 15 | | administered or granted through State agencies or
any building | 16 | | on the land in the performance of his or her official duties.
| 17 | | (c) Sentence. Criminal trespass to State supported land is | 18 | | a Class A misdemeanor , except a violation of subsection (a-5) | 19 | | of this Section is a Class A misdemeanor for a first violation | 20 | | and a Class 4 felony for a second or subsequent violation . | 21 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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