Illinois General Assembly - Full Text of HB1216
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Full Text of HB1216  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. John D. Cavaletto


720 ILCS 5/21-3  from Ch. 38, par. 21-3

    Amends the Criminal Code of 2012. Exempts from a violation of criminal trespass to real property a person who enters the land of another for the purpose of retrieving a dog used for hunting purposes if the person enters the land on foot and without a firearm and after retrieving the dog, the person immediately leaves the land of the other person. Effective immediately.

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HB1216LRB098 04142 RLC 34165 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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) A person commits criminal trespass to real property
9when he or she:
10        (1) knowingly and without lawful authority enters or
11    remains within or on a building;
12        (2) enters upon the land of another, after receiving,
13    prior to the entry, notice from the owner or occupant that
14    the entry is forbidden;
15        (3) remains upon the land of another, after receiving
16    notice from the owner or occupant to depart;
17        (3.5) presents false documents or falsely represents
18    his or her identity orally to the owner or occupant of a
19    building or land in order to obtain permission from the
20    owner or occupant to enter or remain in the building or on
21    the land; or
22        (4) enters a field used or capable of being used for
23    growing crops, an enclosed area containing livestock, an



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1    agricultural building containing livestock, or an orchard
2    in or on a motor vehicle (including an off-road vehicle,
3    motorcycle, moped, or any other powered two-wheel vehicle)
4    after receiving, prior to the entry, notice from the owner
5    or occupant that the entry is forbidden or remains upon or
6    in the area after receiving notice from the owner or
7    occupant to depart.
8    For purposes of item (1) of this subsection, this Section
9shall not apply to being in a building which is open to the
10public while the building is open to the public during its
11normal hours of operation; nor shall this Section apply to a
12person who enters a public building under the reasonable belief
13that the building is still open to the public.
14    (b) A person has received notice from the owner or occupant
15within the meaning of Subsection (a) if he or she has been
16notified personally, either orally or in writing including a
17valid court order as defined by subsection (7) of Section
18112A-3 of the Code of Criminal Procedure of 1963 granting
19remedy (2) of subsection (b) of Section 112A-14 of that Code,
20or if a printed or written notice forbidding such entry has
21been conspicuously posted or exhibited at the main entrance to
22the land or the forbidden part thereof.
23    (b-5) Subject to the provisions of subsection (b-10), as an
24alternative to the posting of real property as set forth in
25subsection (b), the owner or lessee of any real property may
26post the property by placing identifying purple marks on trees



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1or posts around the area to be posted. Each purple mark shall
3        (1) A vertical line of at least 8 inches in length and
4    the bottom of the mark shall be no less than 3 feet nor
5    more than 5 feet high. Such marks shall be placed no more
6    than 100 feet apart and shall be readily visible to any
7    person approaching the property; or
8        (2) A post capped or otherwise marked on at least its
9    top 2 inches. The bottom of the cap or mark shall be not
10    less than 3 feet but not more than 5 feet 6 inches high.
11    Posts so marked shall be placed not more than 36 feet apart
12    and shall be readily visible to any person approaching the
13    property. Prior to applying a cap or mark which is visible
14    from both sides of a fence shared by different property
15    owners or lessees, all such owners or lessees shall concur
16    in the decision to post their own property.
17    Nothing in this subsection (b-5) shall be construed to
18authorize the owner or lessee of any real property to place any
19purple marks on any tree or post or to install any post or
20fence if doing so would violate any applicable law, rule,
21ordinance, order, covenant, bylaw, declaration, regulation,
22restriction, contract, or instrument.
23    (b-10) Any owner or lessee who marks his or her real
24property using the method described in subsection (b-5) must
25also provide notice as described in subsection (b) of this
26Section. The public of this State shall be informed of the



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1provisions of subsection (b-5) of this Section by the Illinois
2Department of Agriculture and the Illinois Department of
3Natural Resources. These Departments shall conduct an
4information campaign for the general public concerning the
5interpretation and implementation of subsection (b-5). The
6information shall inform the public about the marking
7requirements and the applicability of subsection (b-5)
8including information regarding the size requirements of the
9markings as well as the manner in which the markings shall be
10displayed. The Departments shall also include information
11regarding the requirement that, until the date this subsection
12becomes inoperative, any owner or lessee who chooses to mark
13his or her property using paint, must also comply with one of
14the notice requirements listed in subsection (b). The
15Departments may prepare a brochure or may disseminate the
16information through agency websites. Non-governmental
17organizations including, but not limited to, the Illinois
18Forestry Association, Illinois Tree Farm and the Walnut Council
19may help to disseminate the information regarding the
20requirements and applicability of subsection (b-5) based on
21materials provided by the Departments. This subsection (b-10)
22is inoperative on and after January 1, 2013.
23    (b-15) Subsections (b-5) and (b-10) do not apply to real
24property located in a municipality of over 2,000,000
26    (c) This Section does not apply to any person, whether a



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1migrant worker or otherwise, living on the land with permission
2of the owner or of his or her agent having apparent authority
3to hire workers on this land and assign them living quarters or
4a place of accommodations for living thereon, nor to anyone
5living on the land at the request of, or by occupancy, leasing
6or other agreement or arrangement with the owner or his or her
7agent, nor to anyone invited by the migrant worker or other
8person so living on the land to visit him or her at the place he
9is so living upon the land.
10    (d) A person shall be exempt from prosecution under this
11Section if he or she beautifies unoccupied and abandoned
12residential and industrial properties located within any
13municipality. For the purpose of this subsection, "unoccupied
14and abandoned residential and industrial property" means any
15real estate (1) in which the taxes have not been paid for a
16period of at least 2 years; and (2) which has been left
17unoccupied and abandoned for a period of at least one year; and
18"beautifies" means to landscape, clean up litter, or to repair
19dilapidated conditions on or to board up windows and doors.
20    (e) No person shall be liable in any civil action for money
21damages to the owner of unoccupied and abandoned residential
22and industrial property which that person beautifies pursuant
23to subsection (d) of this Section.
24    (f) This Section does not prohibit a person from entering a
25building or upon the land of another for emergency purposes.
26For purposes of this subsection (f), "emergency" means a



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1condition or circumstance in which an individual is or is
2reasonably believed by the person to be in imminent danger of
3serious bodily harm or in which property is or is reasonably
4believed to be in imminent danger of damage or destruction.
5    (g) Paragraph (3.5) of subsection (a) does not apply to a
6peace officer or other official of a unit of government who
7enters a building or land in the performance of his or her
8official duties.
9    (g-1) This Section does not prohibit a person from entering
10the land of another for the purpose of retrieving a dog used
11for hunting purposes if the person enters the land on foot and
12without a firearm and after retrieving the dog, the person
13immediately leaves the land of the other person.
14    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
15(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
16subdivision (a)(4) is a Class A misdemeanor.
17    (i) Civil liability. A person may be liable in any civil
18action for money damages to the owner of the land he or she
19entered upon with a motor vehicle as prohibited under paragraph
20(4) of subsection (a) of this Section. A person may also be
21liable to the owner for court costs and reasonable attorney's
22fees. The measure of damages shall be: (i) the actual damages,
23but not less than $250, if the vehicle is operated in a nature
24preserve or registered area as defined in Sections 3.11 and
253.14 of the Illinois Natural Areas Preservation Act; (ii) twice
26the actual damages if the owner has previously notified the



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1person to cease trespassing; or (iii) in any other case, the
2actual damages, but not less than $50. If the person operating
3the vehicle is under the age of 16, the owner of the vehicle
4and the parent or legal guardian of the minor are jointly and
5severally liable. For the purposes of this subsection (i):
6        "Land" includes, but is not limited to, land used for
7    crop land, fallow land, orchard, pasture, feed lot, timber
8    land, prairie land, mine spoil nature preserves and
9    registered areas. "Land" does not include driveways or
10    private roadways upon which the owner allows the public to
11    drive.
12        "Owner" means the person who has the right to
13    possession of the land, including the owner, operator or
14    tenant.
15        "Vehicle" has the same meaning as provided under
16    Section 1-217 of the Illinois Vehicle Code.
17    (j) This Section does not apply to the following persons
18while serving process:
19        (1) a person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure; or
21        (2) a special process server appointed by the circuit
22    court.
23(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
2497-813, eff. 7-13-12; 97-1108, eff. 1-1-13.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.