Full Text of HB2441 94th General Assembly
HB2441enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 21-3, 21-5, 21-7, 21-8, and 21-9 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 | 10 |
| remains within or on
a building; or
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| (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
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| (3) remains upon the land of another, after receiving | 15 |
| notice from the
owner or occupant to depart; or
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| (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; or
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| (4) enters upon one of the following areas in or on a | 22 |
| motor vehicle
(including an off-road vehicle, motorcycle, | 23 |
| moped, or any other powered
two-wheel vehicle), after | 24 |
| receiving prior to that entry, notice from the owner
or | 25 |
| occupant that the entry is forbidden or remains upon or in | 26 |
| the area after
receiving notice from the owner or occupant | 27 |
| to depart:
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| (A) any field that is used for growing crops or | 29 |
| 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 |
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| 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 | 4 |
| shall not apply
to being in a building which is open to the | 5 |
| public while the building is open
to the public during its | 6 |
| normal hours of operation; nor shall this Section
apply to a | 7 |
| person who enters a public building under the reasonable belief | 8 |
| that
the building is still open to the public.
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| (b) A person has received notice from the owner or occupant | 10 |
| within the
meaning of Subsection (a) if he has been notified | 11 |
| personally, either orally
or in writing including a valid court | 12 |
| order as defined by subsection (7)
of Section 112A-3 of the | 13 |
| Code of Criminal Procedure of 1963 granting remedy
(2) of | 14 |
| subsection (b) of Section 112A-14 of that Code, or if a printed | 15 |
| or
written notice forbidding such entry has been conspicuously | 16 |
| posted or
exhibited at the main entrance to such land or the | 17 |
| forbidden part thereof.
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| (c) This Section does not apply to any person, whether a | 19 |
| migrant worker
or otherwise, living on the land with permission | 20 |
| of the owner or of his
agent having apparent authority to hire | 21 |
| workers on such land and assign
them living quarters or a place | 22 |
| of accommodations for living thereon, nor
to anyone living on | 23 |
| such land at the request of, or by occupancy, leasing
or other | 24 |
| 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 | 26 |
| on such
land to visit him at the place he is so living upon the | 27 |
| land.
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| (d) A person shall be exempt from prosecution under this | 29 |
| Section if
he beautifies unoccupied and abandoned residential | 30 |
| and industrial properties
located within any municipality. For | 31 |
| the purpose of this subsection,
"unoccupied and abandoned | 32 |
| residential and industrial property" means any
real estate (1) | 33 |
| in which the taxes have not been paid for a period of at
least 2 | 34 |
| years; and (2) which has been left unoccupied and abandoned for | 35 |
| a
period of at least one year; and "beautifies" means to | 36 |
| landscape, clean up
litter, or to repair dilapidated conditions |
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| on or to board up windows
and doors.
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| (e) No person shall be liable in any civil action for money | 3 |
| damages
to the owner of unoccupied and abandoned residential | 4 |
| and industrial property
which that person beautifies pursuant | 5 |
| to subsection (d) of this Section.
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| (f) This Section does not prohibit a person from entering a | 7 |
| building or
upon the land of another for emergency purposes. | 8 |
| For purposes of this
subsection (f), "emergency" means a | 9 |
| condition or circumstance in which an
individual is or is | 10 |
| reasonably believed by the person to be in imminent danger
of | 11 |
| serious bodily harm or in which property is or is reasonably | 12 |
| believed to be
in imminent danger of damage or destruction. | 13 |
| (g) Paragraph (3.5) of subsection (a) does not apply to a | 14 |
| peace officer or other official of a unit of government who | 15 |
| enters a building or land in the performance of his or her | 16 |
| official duties.
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| (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | 18 |
| eff.
8-9-96; 90-419, eff. 8-15-97.)
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| (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
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| Sec. 21-5. Criminal
Trespass to State Supported Land.
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| (a) Whoever enters upon land supported in whole or in part | 22 |
| with State
funds, or Federal funds administered or granted | 23 |
| through State agencies or
any building on such land, after | 24 |
| receiving, prior to such
entry, notice from the State or its | 25 |
| representative that such entry is
forbidden, or remains upon | 26 |
| such land or in such building after receiving
notice from the | 27 |
| State or its representative to depart, and who thereby
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| interferes with another person's lawful use or enjoyment of | 29 |
| such building
or land, commits a Class A misdemeanor.
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| (b) A person has received notice from the State within the | 31 |
| meaning of
subsection (a)
sub-section (1) if he has been | 32 |
| notified personally, either orally or in
writing, or if a | 33 |
| printed or written notice forbidding such entry to him or
a | 34 |
| group of which he is a part, has been conspicuously posted or | 35 |
| exhibited
at the main entrance to such land or the forbidden |
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| part thereof. | 2 |
| (c) Whoever enters upon land supported in whole or in part | 3 |
| with State
funds, or federal funds administered or granted | 4 |
| through State agencies or
any building on such land by | 5 |
| presenting false documents or falsely representing his or her | 6 |
| identity orally to the State or its representative in order to | 7 |
| obtain permission from the State or its representative to enter | 8 |
| the building or land; or remains upon such land or in such | 9 |
| building by presenting false documents or falsely representing | 10 |
| his or her identity orally to the State or its representative | 11 |
| in order to remain upon such land or in such building, and who | 12 |
| thereby
interferes with another person's lawful use or | 13 |
| enjoyment of such building
or land, commits a Class A | 14 |
| misdemeanor. | 15 |
| Subsection (c) does not apply to a peace officer or other | 16 |
| official of a unit of government who enters upon land supported | 17 |
| in whole or in part with State
funds, or federal funds | 18 |
| administered or granted through State agencies or
any building | 19 |
| on such land in the performance of his or her official duties.
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| (Source: P.A. 84-1041.)
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| (720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
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| Sec. 21-7. Criminal trespass to Restricted areas and | 23 |
| restricted Landing
areas at airports. )
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| (a) Whoever enters upon, or remains in, any restricted area
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| or restricted landing area used in connection with an airport | 26 |
| facility,
or part thereof, in this State, after such person has | 27 |
| received notice from
the airport authority that such entry is | 28 |
| forbidden
commits a Class A misdemeanor. Notice that the area | 29 |
| is "restricted" and
entry thereto "forbidden", for purposes of | 30 |
| this Section, means that the
person or persons have been | 31 |
| notified personally, either orally or in writing,
or by a | 32 |
| printed or written notice forbidding such entry to him or a | 33 |
| group
or an organization of which he is a member, which has | 34 |
| been conspicuously posted
or exhibited at every usable entrance | 35 |
| to such area or the forbidden part thereof. |
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| (b) Whoever enters upon, or remains in, any restricted area
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| or restricted landing area used in connection with an airport | 3 |
| facility,
or part thereof, in this State by presenting false | 4 |
| documents or falsely representing his or her identity orally to | 5 |
| the airport authority commits a Class A misdemeanor.
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| (c) The terms "Restricted area" or "Restricted landing | 7 |
| area" in this Section
are defined to incorporate the meaning | 8 |
| ascribed to those terms in Section
8 of the "Illinois | 9 |
| Aeronautics Act", approved July 24, 1945, as amended,
and also | 10 |
| include any other area of the airport that has been designated
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| such by the airport authority. | 12 |
| (d) Subsection (b) does not apply to a peace officer or | 13 |
| other official of a unit of government who enters a restricted | 14 |
| area or a restricted landing area used in connection with an | 15 |
| airport facility,
or part thereof, in the performance of his or | 16 |
| her official duties.
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| (Source: P.A. 81-564.)
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| (720 ILCS 5/21-8)
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| Sec. 21-8. Criminal trespass to a nuclear facility.
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| (a) A person commits the offense of criminal trespass to a | 21 |
| nuclear facility
if he or she
knowingly and without lawful | 22 |
| authority:
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| (1) enters or remains within a nuclear facility or on | 24 |
| the grounds of a
nuclear
facility, after receiving notice | 25 |
| before entry that entry to the nuclear
facility is
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| forbidden; or
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| (2) remains within the facility or on the grounds of | 28 |
| the facility after
receiving notice from the owner or | 29 |
| manager of the facility or other person
authorized by the | 30 |
| owner or manager of the facility to give that notice to
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| depart from
the facility or grounds of the facility ; or
.
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| (3) enters or remains within a nuclear facility or on | 33 |
| the grounds of a
nuclear
facility, by presenting false | 34 |
| documents or falsely representing his or her identity | 35 |
| orally to the owner or manager of the facility. This |
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| paragraph (3) does not apply to a peace officer or other | 2 |
| official of a unit of government who enters or remains in | 3 |
| the facility in the performance of his or her official | 4 |
| duties.
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| (b) A person has received notice from the owner or manager | 6 |
| of the
facility or other person authorized by the owner or | 7 |
| manager of the
facility within the meaning of paragraphs (1) | 8 |
| and (2) of subsection (a) if he or she has been
notified | 9 |
| personally, either orally or in writing,
or if a printed or | 10 |
| written notice forbidding the entry has
been conspicuously | 11 |
| posted or exhibited at the main entrance to the
facility or | 12 |
| grounds of the facility or the forbidden part of the
facility.
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| (c) In this Section, "nuclear facility" has the meaning | 14 |
| ascribed
to it in Section 3 of the Illinois Nuclear Safety | 15 |
| Preparedness Act.
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| (d) Sentence. Criminal trespass to a nuclear facility is a
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| Class 4 felony.
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| (Source: P.A. 92-575, eff. 1-1-03.)
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| (720 ILCS 5/21-9)
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| Sec. 21-9. Criminal trespass to a place of public | 21 |
| amusement.
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| (a) A person commits the offense of criminal trespass to a | 23 |
| place of public
amusement if he or she knowingly and without | 24 |
| lawful authority enters or
remains
on any portion of a place of | 25 |
| public amusement after having received notice that
the general | 26 |
| public is restricted from access to that portion of the place | 27 |
| of
public amusement. Such areas may include, but are
not | 28 |
| limited to: a playing field, an athletic surface, a stage, a | 29 |
| locker room,
or
a dressing room located at the place of public | 30 |
| amusement. | 31 |
| (a-5) A person commits the offense of criminal trespass to | 32 |
| a place of public
amusement if he or she knowingly and without | 33 |
| lawful authority gains access
to or remains on any portion of a | 34 |
| place of public amusement by presenting false documents or | 35 |
| falsely representing his or her identity orally to the property |
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| owner, a lessee, an agent of either the owner or lessee, or a
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| performer or participant. This subsection (a-5) does not apply | 3 |
| to a peace officer or other official of a unit of government | 4 |
| who enters or remains in the place of public amusement in the | 5 |
| performance of his or her official duties.
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| (b) A property owner, a lessee, an agent of either the | 7 |
| owner or lessee, or a
performer or participant may use | 8 |
| reasonable force to restrain a trespasser and
remove him or her | 9 |
| from the restricted area; however, any use of force beyond
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| reasonable force may subject that person to any applicable | 11 |
| criminal penalty.
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| (c) A person has received notice within the meaning of | 13 |
| subsection (a) if
he or she has been notified personally, | 14 |
| either orally or in writing, or if a
printed
or written notice | 15 |
| forbidding such entry has been conspicuously posted or
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| exhibited at the entrance to the portion of the place of public | 17 |
| amusement that
is
restricted or an oral warning has been | 18 |
| broadcast over the public address system
of the place of public | 19 |
| amusement.
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| (d) In this Section, "place of public amusement" means a | 21 |
| stadium, a theater,
or any other facility of any kind, whether | 22 |
| licensed or not, where a live
performance, a sporting event, or | 23 |
| any other activity takes place for other
entertainment and | 24 |
| where
access to
the facility is made available to the public, | 25 |
| regardless of whether admission
is charged.
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| (e) Sentence. Criminal trespass to a place of public | 27 |
| amusement is a Class
4 felony. Upon imposition of any sentence, | 28 |
| the court shall also impose a
fine of not less than $1,000. In | 29 |
| addition, any order of
probation or conditional discharge | 30 |
| entered following a conviction shall include
a condition that | 31 |
| the offender perform public or community service of not less
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| than 30 and not more than 120 hours, if community service is | 33 |
| available in the
jurisdiction and is funded and approved by the | 34 |
| county board of the county where
the offender was convicted. | 35 |
| The court may also impose any other condition of
probation or | 36 |
| conditional discharge under this Section.
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| (Source: P.A. 93-407, eff. 1-1-04.)
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