Full Text of SB1554 97th General Assembly
SB1554enr 97TH GENERAL ASSEMBLY |
| | SB1554 Enrolled | | LRB097 05310 RLC 45365 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) Except as provided in subsection (a-5), 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 | | (3.5) presents false documents or falsely represents | 17 | | his or her identity orally to the owner or occupant of a | 18 | | building or land in order to obtain permission from the | 19 | | owner or occupant to enter or remain in the building or on | 20 | | the land; | 21 | | commits a Class B misdemeanor. | 22 | | For purposes of item (1) of this subsection, this Section | 23 | | shall not apply
to being in a building which is open to the |
| | | SB1554 Enrolled | - 2 - | LRB097 05310 RLC 45365 b |
|
| 1 | | public while the building is open
to the public during its | 2 | | normal hours of operation; nor shall this Section
apply to a | 3 | | person who enters a public building under the reasonable belief | 4 | | that
the building is still open to the public.
| 5 | | (a-5) Except as otherwise provided in this subsection, | 6 | | whoever enters upon
any of
the following areas in or on a motor | 7 | | vehicle (including an off-road vehicle,
motorcycle,
moped, or | 8 | | any other powered two-wheel vehicle) after receiving, prior to | 9 | | that
entry,
notice from the owner or occupant that the entry is | 10 | | forbidden or remains upon
or in the
area after receiving notice | 11 | | from the owner or occupant to depart commits a
Class A
| 12 | | misdemeanor:
| 13 | | (1) A field that is used for growing crops or that is | 14 | | capable of being
used
for
growing crops.
| 15 | | (2) An enclosed area containing livestock.
| 16 | | (3) An orchard.
| 17 | | (4) A barn or other agricultural building containing | 18 | | livestock.
| 19 | | (b) A person has received notice from the owner or occupant | 20 | | within the
meaning of Subsection (a) if he has been notified | 21 | | personally, either orally
or in writing including a valid court | 22 | | order as defined by subsection (7)
of Section 112A-3 of the | 23 | | Code of Criminal Procedure of 1963 granting remedy
(2) of | 24 | | subsection (b) of Section 112A-14 of that Code, or if a printed | 25 | | or
written notice forbidding such entry has been conspicuously | 26 | | posted or
exhibited at the main entrance to such land or the |
| | | SB1554 Enrolled | - 3 - | LRB097 05310 RLC 45365 b |
|
| 1 | | forbidden part thereof.
| 2 | | (c) This Section does not apply to any person, whether a | 3 | | migrant worker
or otherwise, living on the land with permission | 4 | | of the owner or of his
agent having apparent authority to hire | 5 | | workers on such land and assign
them living quarters or a place | 6 | | of accommodations for living thereon, nor
to anyone living on | 7 | | such land at the request of, or by occupancy, leasing
or other | 8 | | agreement or arrangement with the owner or his agent, nor to
| 9 | | anyone invited by such migrant worker or other person so living | 10 | | on such
land to visit him at the place he is so living upon the | 11 | | land.
| 12 | | (d) A person shall be exempt from prosecution under this | 13 | | Section if
he beautifies unoccupied and abandoned residential | 14 | | and industrial properties
located within any municipality. For | 15 | | the purpose of this subsection,
"unoccupied and abandoned | 16 | | residential and industrial property" means any
real estate (1) | 17 | | in which the taxes have not been paid for a period of at
least 2 | 18 | | years; and (2) which has been left unoccupied and abandoned for | 19 | | a
period of at least one year; and "beautifies" means to | 20 | | landscape, clean up
litter, or to repair dilapidated conditions | 21 | | on or to board up windows
and doors.
| 22 | | (e) No person shall be liable in any civil action for money | 23 | | damages
to the owner of unoccupied and abandoned residential | 24 | | and industrial property
which that person beautifies pursuant | 25 | | to subsection (d) of this Section.
| 26 | | (f) This Section does not prohibit a person from entering a |
| | | SB1554 Enrolled | - 4 - | LRB097 05310 RLC 45365 b |
|
| 1 | | building or
upon the land of another for emergency purposes. | 2 | | For purposes of this
subsection (f), "emergency" means a | 3 | | condition or circumstance in which an
individual is or is | 4 | | reasonably believed by the person to be in imminent danger
of | 5 | | serious bodily harm or in which property is or is reasonably | 6 | | believed to be
in imminent danger of damage or destruction.
| 7 | | (g) Paragraph (3.5) of subsection (a) does not apply to a | 8 | | peace officer or other official of a unit of government who | 9 | | enters a building or land in the performance of his or her | 10 | | official duties.
| 11 | | (h) A person may be liable in any civil action for money | 12 | | damages to the owner of the land he or she entered upon with a | 13 | | motor vehicle as prohibited under subsection (a-5) of this | 14 | | Section. A person may also be liable to the owner for court | 15 | | costs and reasonable attorney's fees. The measure of damages | 16 | | shall be: (i) the actual damages, but not less than $250, if | 17 | | the vehicle is operated in a nature preserve or registered area | 18 | | as defined in Sections 3.11 and 3.14 of the Illinois Natural | 19 | | Areas Preservation Act; (ii) twice the actual damages if the | 20 | | owner has previously notified the person to cease trespassing; | 21 | | or (iii) in any other case, the actual damages, but not less | 22 | | than $50. If the person operating the vehicle is under the age | 23 | | of 16, the owner of the vehicle and the parent or legal | 24 | | guardian of the minor are jointly and severally liable. For the | 25 | | purposes of this subsection (h): | 26 | | "Land" includes, but is not limited to, land used for |
| | | SB1554 Enrolled | - 5 - | LRB097 05310 RLC 45365 b |
|
| 1 | | crop land, fallow land, orchard, pasture, feed lot, timber | 2 | | land, prairie land, mine spoil nature preserves and | 3 | | registered areas. "Land" does not include driveways or | 4 | | private roadways upon which the owner allows the public to | 5 | | drive.
| 6 | | "Owner" means the person who has the right to | 7 | | possession of the land, including the owner, operator or | 8 | | tenant.
| 9 | | "Vehicle" has the same meaning as provided under | 10 | | Section 1-217 of the Illinois Vehicle Code.
| 11 | | (i) This Section does not apply to the following persons | 12 | | while serving process: | 13 | | (1) a person authorized to serve process under Section | 14 | | 2-202 of the Code of Civil Procedure; or | 15 | | (2) a special process server appointed by the circuit | 16 | | court. | 17 | | (Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, | 18 | | eff. 1-1-06; 95-331, eff. 8-21-07.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
|
|