Full Text of HB4020 94th General Assembly
HB4020enr 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 |
| 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 | 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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| (4) enters upon one of the following areas in or on a | 17 |
| motor vehicle
(including an off-road vehicle, motorcycle, | 18 |
| moped, or any other powered
two-wheel vehicle), after | 19 |
| receiving prior to that entry, notice from the owner
or | 20 |
| occupant that the entry is forbidden or remains upon or in | 21 |
| the area after
receiving notice from the owner or occupant | 22 |
| to depart:
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| (A) any field that is used for growing crops or | 24 |
| 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 | 28 |
| 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 | 31 |
| shall not apply
to being in a building which is open to the | 32 |
| public while the building is open
to the public during its |
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| normal hours of operation; nor shall this Section
apply to a | 2 |
| person who enters a public building under the reasonable belief | 3 |
| that
the building is still open to the public.
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| (b) A person has received notice from the owner or occupant | 5 |
| within the
meaning of Subsection (a) if he has been notified | 6 |
| personally, either orally
or in writing including a valid court | 7 |
| order as defined by subsection (7)
of Section 112A-3 of the | 8 |
| Code of Criminal Procedure of 1963 granting remedy
(2) of | 9 |
| subsection (b) of Section 112A-14 of that Code, or if a printed | 10 |
| or
written notice forbidding such entry has been conspicuously | 11 |
| posted or
exhibited at the main entrance to such land or the | 12 |
| forbidden part thereof.
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| (c) This Section does not apply to any person, whether a | 14 |
| migrant worker
or otherwise, living on the land with permission | 15 |
| of the owner or of his
agent having apparent authority to hire | 16 |
| workers on such land and assign
them living quarters or a place | 17 |
| of accommodations for living thereon, nor
to anyone living on | 18 |
| such land at the request of, or by occupancy, leasing
or other | 19 |
| 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 | 21 |
| on such
land to visit him at the place he is so living upon the | 22 |
| land.
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| (d) A person shall be exempt from prosecution under this | 24 |
| Section if
he beautifies unoccupied and abandoned residential | 25 |
| and industrial properties
located within any municipality. For | 26 |
| the purpose of this subsection,
"unoccupied and abandoned | 27 |
| residential and industrial property" means any
real estate (1) | 28 |
| in which the taxes have not been paid for a period of at
least 2 | 29 |
| years; and (2) which has been left unoccupied and abandoned for | 30 |
| a
period of at least one year; and "beautifies" means to | 31 |
| landscape, clean up
litter, or to repair dilapidated conditions | 32 |
| on or to board up windows
and doors.
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| (e) No person shall be liable in any civil action for money | 34 |
| damages
to the owner of unoccupied and abandoned residential | 35 |
| and industrial property
which that person beautifies pursuant | 36 |
| to subsection (d) of this Section.
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| (f) This Section does not prohibit a person from entering a | 2 |
| building or
upon the land of another for emergency purposes. | 3 |
| For purposes of this
subsection (f), "emergency" means a | 4 |
| condition or circumstance in which an
individual is or is | 5 |
| reasonably believed by the person to be in imminent danger
of | 6 |
| serious bodily harm or in which property is or is reasonably | 7 |
| believed to be
in imminent danger of damage or destruction.
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| (g) A person may be liable in any civil action for money | 9 |
| damages to the owner of the land he or she entered upon with a | 10 |
| motor vehicle as prohibited under paragraph (4) of subsection | 11 |
| (a) of this Section. A person may also be liable to the owner | 12 |
| for court costs and reasonable attorney's fees. The measure of | 13 |
| damages shall be: (i) the actual damages, but not less than | 14 |
| $250, if the vehicle is operated in a nature preserve or | 15 |
| registered area as defined in Sections 3.11 and 3.14 of the | 16 |
| Illinois Natural Areas Preservation Act; (ii) twice the actual | 17 |
| damages if the owner has previously notified the person to | 18 |
| cease trespassing; or (iii) in any other case, the actual | 19 |
| damages, but not less than $50. If the person operating the | 20 |
| vehicle is under the age of 16, the owner of the vehicle and | 21 |
| the parent or legal guardian of the minor are jointly and | 22 |
| severally liable. For the purposes of this subsection (g): | 23 |
| "Land" includes, but is not limited to, land used for | 24 |
| crop land, fallow land, orchard, pasture, feed lot, timber | 25 |
| land, prairie land, mine spoil nature preserves and | 26 |
| registered areas. "Land" does not include driveways or | 27 |
| private roadways upon which the owner allows the public to | 28 |
| drive.
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| "Owner" means the person who has the right to | 30 |
| possession of the land, including the owner, operator or | 31 |
| tenant.
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| "Vehicle" has the same meaning as provided under | 33 |
| Section 1-217 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, | 35 |
| eff.
8-9-96; 90-419, eff. 8-15-97.)
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