Full Text of HB5314 100th General Assembly
HB5314 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5314 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/12-7.1 | from Ch. 38, par. 12-7.1 | 720 ILCS 5/21-3 | from Ch. 38, par. 21-3 |
|
Amends the Criminal Code of 2012. Creates the offense of aggravated criminal trespass to real property. Provides that a person commits the offense when he or she knowingly enters upon the land of another without permission of the owner or occupant with the intent to take any game species regulated under the Wildlife Code. Provides that a violation is a Class A misdemeanor. Effective immediately.
|
| |
| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB5314 | | LRB100 16874 RLC 32015 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 2012 is amended by changing | 5 | | Sections 12-7.1 and 21-3 as follows:
| 6 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 7 | | Sec. 12-7.1. Hate crime.
| 8 | | (a) A person commits hate crime when, by reason of the | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, or | 11 | | national origin of another individual or
group of individuals, | 12 | | regardless of the existence of any other motivating
factor or | 13 | | factors, he or she commits assault, battery, aggravated | 14 | | assault, intimidation, stalking, cyberstalking, misdemeanor
| 15 | | theft, criminal trespass to residence, misdemeanor criminal | 16 | | damage
to property, criminal trespass to vehicle, criminal | 17 | | trespass to real property, aggravated criminal trespass to real | 18 | | property,
mob action, disorderly conduct, transmission of | 19 | | obscene messages, harassment by telephone, or harassment | 20 | | through electronic
communications as these crimes are defined | 21 | | in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, | 22 | | 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs | 23 | | (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs |
| | | HB5314 | - 2 - | LRB100 16874 RLC 32015 b |
|
| 1 | | (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.
| 2 | | (b) Except as provided in subsection (b-5), hate crime is a | 3 | | Class 4
felony for a first offense and a Class 2 felony for a | 4 | | second or subsequent
offense.
| 5 | | (b-5) Hate crime is a Class 3 felony for a first offense | 6 | | and a Class 2
felony for a second or subsequent offense if | 7 | | committed:
| 8 | | (1) in, or upon the exterior or grounds of, a church, | 9 | | synagogue, mosque, or other building, structure, or place
| 10 | | identified or associated with a particular religion or used | 11 | | for religious worship or other religious purpose;
| 12 | | (2) in a cemetery, mortuary, or other facility used for | 13 | | the purpose of
burial or memorializing the dead;
| 14 | | (3) in a school or other educational facility, | 15 | | including an administrative facility or public or private | 16 | | dormitory facility of or associated with the school or | 17 | | other educational facility;
| 18 | | (4) in a public park or an ethnic or religious | 19 | | community center;
| 20 | | (5) on the real property comprising any location | 21 | | specified in
clauses (1) through (4) of this subsection | 22 | | (b-5); or
| 23 | | (6) on a public way within 1,000 feet of the real | 24 | | property comprising any
location specified in clauses (1) | 25 | | through (4) of this subsection (b-5).
| 26 | | (b-10) Upon imposition of any sentence,
the trial
court |
| | | HB5314 | - 3 - | LRB100 16874 RLC 32015 b |
|
| 1 | | shall also either order restitution paid to the victim
or | 2 | | impose a fine in an amount to be determined by the court based | 3 | | on the severity of the crime and the injury or damages suffered | 4 | | by the victim. In addition, any order of probation or
| 5 | | conditional discharge entered following a conviction or an | 6 | | adjudication of
delinquency shall include a condition that the | 7 | | offender perform public or
community service of no less than | 8 | | 200 hours if that service is established in
the county where | 9 | | the offender was convicted of hate crime. In addition, any | 10 | | order of probation or
conditional discharge entered following a | 11 | | conviction or an adjudication of
delinquency shall include a | 12 | | condition that the offender enroll in an educational program | 13 | | discouraging hate crimes involving the protected class | 14 | | identified in subsection (a) that gave rise to the offense the | 15 | | offender committed. The educational program must be attended by | 16 | | the offender in-person and may be administered, as determined | 17 | | by the court, by a university, college, community college, | 18 | | non-profit organization, the Illinois Holocaust and Genocide | 19 | | Commission, or any other organization that provides | 20 | | educational programs discouraging hate crimes, except that | 21 | | programs administered online or that can otherwise be attended | 22 | | remotely are prohibited. The court may also
impose any other | 23 | | condition of probation or conditional discharge under this
| 24 | | Section. If the court sentences the offender to imprisonment or | 25 | | periodic imprisonment for a violation of this Section, as a | 26 | | condition of the offender's mandatory supervised release, the |
| | | HB5314 | - 4 - | LRB100 16874 RLC 32015 b |
|
| 1 | | court shall require that the offender perform public or | 2 | | community service of no less than 200 hours and enroll in an | 3 | | educational program discouraging hate crimes involving the | 4 | | protected class
identified in subsection (a) that gave rise to | 5 | | the offense the offender committed.
| 6 | | (c) Independent of any criminal prosecution or the result
| 7 | | of a criminal prosecution, any
person suffering injury to his | 8 | | or her person, damage to his or her property, intimidation as | 9 | | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | 10 | | 12-6 of this Code, stalking as defined in Section 12-7.3 of | 11 | | this Code, cyberstalking as defined in Section 12-7.5 of this | 12 | | Code, disorderly conduct as defined in paragraph (a)(1) of | 13 | | Section 26-1 of this Code, transmission of obscene messages as | 14 | | defined in Section 26.5-1 of this Code, harassment by telephone | 15 | | as defined in Section 26.5-2 of this Code, or harassment | 16 | | through electronic communications as defined in paragraphs | 17 | | (a)(2) and (a)(5) of Section 26.5-3 of this Code as a result
of | 18 | | a hate crime may bring a civil action for damages, injunction
| 19 | | or other appropriate relief. The court may award actual | 20 | | damages, including
damages for emotional distress, as well as | 21 | | punitive damages. The court may impose a civil penalty up to | 22 | | $25,000 for each violation of this subsection (c). A judgment | 23 | | in favor of a person who brings a civil action under this | 24 | | subsection (c) shall include
attorney's fees and costs. After | 25 | | consulting with the local State's Attorney, the Attorney | 26 | | General may bring a civil action in the name of the People of |
| | | HB5314 | - 5 - | LRB100 16874 RLC 32015 b |
|
| 1 | | the State for an injunction or other equitable relief under | 2 | | this subsection (c). In addition, the Attorney General may | 3 | | request and the court may impose a civil penalty up to $25,000 | 4 | | for each violation under this subsection (c). The parents or | 5 | | legal guardians, other than
guardians appointed pursuant to the | 6 | | Juvenile Court Act or the Juvenile
Court Act of 1987, of an | 7 | | unemancipated minor shall be liable for the amount
of any | 8 | | judgment for all damages rendered against such minor under this
| 9 | | subsection (c) in any amount not exceeding the amount provided | 10 | | under
Section 5 of the Parental Responsibility Law.
| 11 | | (d) "Sexual orientation" has the meaning ascribed to it in | 12 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 13 | | Act.
| 14 | | (Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; | 15 | | 100-260, eff. 1-1-18; revised 10-5-17.)
| 16 | | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| 17 | | Sec. 21-3. Criminal trespass to real property ; aggravated | 18 | | criminal trespass to real property .
| 19 | | (a) A person commits criminal trespass to real property | 20 | | when he or she:
| 21 | | (1) knowingly and without lawful authority enters or | 22 | | remains within or on
a building;
| 23 | | (2) enters upon the land of another, after receiving, | 24 | | prior to the entry,
notice from the owner or occupant that | 25 | | the entry is forbidden;
|
| | | HB5314 | - 6 - | LRB100 16874 RLC 32015 b |
|
| 1 | | (3) remains upon the land of another, after receiving | 2 | | notice from the
owner or occupant to depart;
| 3 | | (3.5) presents false documents or falsely represents | 4 | | his or her identity orally to the owner or occupant of a | 5 | | building or land in order to obtain permission from the | 6 | | owner or occupant to enter or remain in the building or on | 7 | | the land; | 8 | | (3.7) intentionally removes a notice posted on | 9 | | residential real estate as required by subsection (l) of | 10 | | Section 15-1505.8 of Article XV of the Code of Civil | 11 | | Procedure before the date and time set forth in the notice; | 12 | | or | 13 | | (4) enters a field used or capable of being used for | 14 | | growing crops, an enclosed area containing livestock, an | 15 | | agricultural building containing livestock, or an orchard | 16 | | in or on a motor vehicle (including an off-road vehicle, | 17 | | motorcycle, moped, or any other powered two-wheel vehicle) | 18 | | after receiving, prior to the entry, notice from the owner | 19 | | or occupant that the entry is forbidden or remains upon or | 20 | | in the area after receiving notice from the owner or | 21 | | occupant to depart. | 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 | 24 | | public while the building is open
to the public during its | 25 | | normal hours of operation; nor shall this Section
apply to a | 26 | | person who enters a public building under the reasonable belief |
| | | HB5314 | - 7 - | LRB100 16874 RLC 32015 b |
|
| 1 | | that
the building is still open to the public.
| 2 | | (a-5) A person commits aggravated criminal trespass to real | 3 | | property when he or she knowingly enters upon the land of | 4 | | another without permission of the owner or occupant with the | 5 | | intent to take any game species regulated under the Wildlife | 6 | | Code. | 7 | | (b) A person has received notice from the owner or occupant | 8 | | within the
meaning of subsection Subsection (a) if he or she | 9 | | has been notified personally, either orally
or in writing | 10 | | including a valid court order as defined by subsection (7)
of | 11 | | Section 112A-3 of the Code of Criminal Procedure of 1963 | 12 | | granting remedy
(2) of subsection (b) of Section 112A-14 of | 13 | | that Code, or if a printed or
written notice forbidding such | 14 | | entry has been conspicuously posted or
exhibited at the main | 15 | | entrance to the land or the forbidden part thereof.
| 16 | | (b-5) Subject to the provisions of subsection (b-10), as an | 17 | | alternative to the posting of real property as set forth in | 18 | | subsection (b), the owner or lessee of any real property may | 19 | | post the property by placing identifying purple marks on trees | 20 | | or posts around the area to be posted. Each purple mark shall | 21 | | be: | 22 | | (1) A vertical line of at least 8 inches in length and | 23 | | the bottom of the mark shall be no less than 3 feet nor | 24 | | more than 5 feet high. Such marks shall be placed no more | 25 | | than 100 feet apart and shall be readily visible to any | 26 | | person approaching the property; or |
| | | HB5314 | - 8 - | LRB100 16874 RLC 32015 b |
|
| 1 | | (2) A post capped or otherwise marked on at least its | 2 | | top 2 inches. The bottom of the cap or mark shall be not | 3 | | less than 3 feet but not more than 5 feet 6 inches high. | 4 | | Posts so marked shall be placed not more than 36 feet apart | 5 | | and shall be readily visible to any person approaching the | 6 | | property. Prior to applying a cap or mark which is visible | 7 | | from both sides of a fence shared by different property | 8 | | owners or lessees, all such owners or lessees shall concur | 9 | | in the decision to post their own property. | 10 | | Nothing in this subsection (b-5) shall be construed to | 11 | | authorize the owner or lessee of any real property to place any | 12 | | purple marks on any tree or post or to install any post or | 13 | | fence if doing so would violate any applicable law, rule, | 14 | | ordinance, order, covenant, bylaw, declaration, regulation, | 15 | | restriction, contract, or instrument. | 16 | | (b-10) Any owner or lessee who marks his or her real | 17 | | property using the method described in subsection (b-5) must | 18 | | also provide notice as described in subsection (b) of this | 19 | | Section. The public of this State shall be informed of the | 20 | | provisions of subsection (b-5) of this Section by the Illinois | 21 | | Department of Agriculture and the Illinois Department of | 22 | | Natural Resources. These Departments shall conduct an | 23 | | information campaign for the general public concerning the | 24 | | interpretation and implementation of subsection (b-5). The | 25 | | information shall inform the public about the marking | 26 | | requirements and the applicability of subsection (b-5) |
| | | HB5314 | - 9 - | LRB100 16874 RLC 32015 b |
|
| 1 | | including information regarding the size requirements of the | 2 | | markings as well as the manner in which the markings shall be | 3 | | displayed. The Departments shall also include information | 4 | | regarding the requirement that, until the date this subsection | 5 | | becomes inoperative, any owner or lessee who chooses to mark | 6 | | his or her property using paint, must also comply with one of | 7 | | the notice requirements listed in subsection (b). The | 8 | | Departments may prepare a brochure or may disseminate the | 9 | | information through agency websites. Non-governmental | 10 | | organizations including, but not limited to, the Illinois | 11 | | Forestry Association, Illinois Tree Farm and the Walnut Council | 12 | | may help to disseminate the information regarding the | 13 | | requirements and applicability of subsection (b-5) based on | 14 | | materials provided by the Departments. This subsection (b-10) | 15 | | is inoperative on and after January 1, 2013.
| 16 | | (b-15) Subsections (b-5) and (b-10) do not apply to real | 17 | | property located in a municipality of over 2,000,000 | 18 | | inhabitants. | 19 | | (c) This Section does not apply to any person, whether a | 20 | | migrant worker
or otherwise, living on the land with permission | 21 | | of the owner or of his
or her agent having apparent authority | 22 | | to hire workers on this land and assign
them living quarters or | 23 | | a place of accommodations for living thereon, nor
to anyone | 24 | | living on the land at the request of, or by occupancy, leasing
| 25 | | or other agreement or arrangement with the owner or his or her | 26 | | agent, nor to
anyone invited by the migrant worker or other |
| | | HB5314 | - 10 - | LRB100 16874 RLC 32015 b |
|
| 1 | | person so living on the
land to visit him or her at the place he | 2 | | is so living upon the land.
| 3 | | (d) A person shall be exempt from prosecution under this | 4 | | Section if
he or she beautifies unoccupied and abandoned | 5 | | residential and industrial properties
located within any | 6 | | municipality. For the purpose of this subsection,
"unoccupied | 7 | | and abandoned residential and industrial property" means any
| 8 | | real estate (1) in which the taxes have not been paid for a | 9 | | period of at
least 2 years; and (2) which has been left | 10 | | unoccupied and abandoned for a
period of at least one year; and | 11 | | "beautifies" means to landscape, clean up
litter, or to repair | 12 | | dilapidated conditions on or to board up windows
and doors.
| 13 | | (e) No person shall be liable in any civil action for money | 14 | | damages
to the owner of unoccupied and abandoned residential | 15 | | and industrial property
which that person beautifies pursuant | 16 | | to subsection (d) of this Section.
| 17 | | (e-5) Mortgagee or agent of the mortgagee exceptions. | 18 | | (1) A mortgagee or agent of the mortgagee shall be | 19 | | exempt from prosecution for criminal trespass for | 20 | | entering, securing, or maintaining an abandoned | 21 | | residential property. | 22 | | (2) No mortgagee or agent of the mortgagee shall be | 23 | | liable to the mortgagor or other owner of an abandoned | 24 | | residential property in any civil action for negligence or | 25 | | civil trespass in connection with entering, securing, or | 26 | | maintaining the abandoned residential property. |
| | | HB5314 | - 11 - | LRB100 16874 RLC 32015 b |
|
| 1 | | (3) For the purpose of this subsection (e-5) only, | 2 | | "abandoned residential property" means mortgaged real | 3 | | estate that the mortgagee or agent of the mortgagee | 4 | | determines in good faith meets the definition of abandoned | 5 | | residential property set forth in Section 15-1200.5 of | 6 | | Article XV of the Code of Civil Procedure. | 7 | | (f) This Section does not prohibit a person from entering a | 8 | | building or
upon the land of another for emergency purposes. | 9 | | For purposes of this
subsection (f), "emergency" means a | 10 | | condition or circumstance in which an
individual is or is | 11 | | reasonably believed by the person to be in imminent danger
of | 12 | | serious bodily harm or in which property is or is reasonably | 13 | | believed to be
in imminent danger of damage or destruction.
| 14 | | (g) Paragraph (3.5) of subsection (a) does not apply to a | 15 | | peace officer or other official of a unit of government who | 16 | | enters a building or land in the performance of his or her | 17 | | official duties.
| 18 | | (h) Sentence. A violation of subdivision (a)(1), (a)(2), | 19 | | (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of | 20 | | subdivision (a)(4) is a Class A misdemeanor. A violation of | 21 | | subsection (a-5) is a Class A misdemeanor. | 22 | | (i) Civil liability. A person may be liable in any civil | 23 | | action for money damages to the owner of the land he or she | 24 | | entered upon with a motor vehicle as prohibited under paragraph | 25 | | (4) of subsection (a) of this Section. A person may also be | 26 | | liable to the owner for court costs and reasonable attorney's |
| | | HB5314 | - 12 - | LRB100 16874 RLC 32015 b |
|
| 1 | | fees. The measure of damages shall be: (i) the actual damages, | 2 | | but not less than $250, if the vehicle is operated in a nature | 3 | | preserve or registered area as defined in Sections 3.11 and | 4 | | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice | 5 | | the actual damages if the owner has previously notified the | 6 | | person to cease trespassing; or (iii) in any other case, the | 7 | | actual damages, but not less than $50. If the person operating | 8 | | the vehicle is under the age of 16, the owner of the vehicle | 9 | | and the parent or legal guardian of the minor are jointly and | 10 | | severally liable. For the purposes of this subsection (i): | 11 | | "Land" includes, but is not limited to, land used for | 12 | | crop land, fallow land, orchard, pasture, feed lot, timber | 13 | | land, prairie land, mine spoil nature preserves and | 14 | | registered areas. "Land" does not include driveways or | 15 | | private roadways upon which the owner allows the public to | 16 | | drive.
| 17 | | "Owner" means the person who has the right to | 18 | | possession of the land, including the owner, operator or | 19 | | tenant.
| 20 | | "Vehicle" has the same meaning as provided under | 21 | | Section 1-217 of the Illinois Vehicle Code.
| 22 | | (j) This Section does not apply to the following persons | 23 | | while serving process: | 24 | | (1) a person authorized to serve process under Section | 25 | | 2-202 of the Code of Civil Procedure; or | 26 | | (2) a special process server appointed by the circuit |
| | | HB5314 | - 13 - | LRB100 16874 RLC 32015 b |
|
| 1 | | court. | 2 | | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; | 3 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. | 4 | | 6-1-13 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
|
|