Full Text of HB1216 98th General Assembly
HB1216 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1216 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/21-3 | from Ch. 38, par. 21-3 |
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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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| | A BILL FOR |
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| 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 | | 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) A person commits criminal trespass to real property | 9 | | when 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 | 9 | | shall not apply
to being in a building which is open to the | 10 | | public while the building is open
to the public during its | 11 | | normal hours of operation; nor shall this Section
apply to a | 12 | | person who enters a public building under the reasonable belief | 13 | | that
the building is still open to the public.
| 14 | | (b) A person has received notice from the owner or occupant | 15 | | within the
meaning of Subsection (a) if he or she has been | 16 | | notified personally, either orally
or in writing including a | 17 | | valid court order as defined by subsection (7)
of Section | 18 | | 112A-3 of the Code of Criminal Procedure of 1963 granting | 19 | | remedy
(2) of subsection (b) of Section 112A-14 of that Code, | 20 | | or if a printed or
written notice forbidding such entry has | 21 | | been conspicuously posted or
exhibited at the main entrance to | 22 | | the land or the forbidden part thereof.
| 23 | | (b-5) Subject to the provisions of subsection (b-10), as an | 24 | | alternative to the posting of real property as set forth in | 25 | | subsection (b), the owner or lessee of any real property may | 26 | | post the property by placing identifying purple marks on trees |
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| 1 | | or posts around the area to be posted. Each purple mark shall | 2 | | be: | 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 | 18 | | authorize the owner or lessee of any real property to place any | 19 | | purple marks on any tree or post or to install any post or | 20 | | fence if doing so would violate any applicable law, rule, | 21 | | ordinance, order, covenant, bylaw, declaration, regulation, | 22 | | restriction, contract, or instrument. | 23 | | (b-10) Any owner or lessee who marks his or her real | 24 | | property using the method described in subsection (b-5) must | 25 | | also provide notice as described in subsection (b) of this | 26 | | Section. The public of this State shall be informed of the |
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| 1 | | provisions of subsection (b-5) of this Section by the Illinois | 2 | | Department of Agriculture and the Illinois Department of | 3 | | Natural Resources. These Departments shall conduct an | 4 | | information campaign for the general public concerning the | 5 | | interpretation and implementation of subsection (b-5). The | 6 | | information shall inform the public about the marking | 7 | | requirements and the applicability of subsection (b-5) | 8 | | including information regarding the size requirements of the | 9 | | markings as well as the manner in which the markings shall be | 10 | | displayed. The Departments shall also include information | 11 | | regarding the requirement that, until the date this subsection | 12 | | becomes inoperative, any owner or lessee who chooses to mark | 13 | | his or her property using paint, must also comply with one of | 14 | | the notice requirements listed in subsection (b). The | 15 | | Departments may prepare a brochure or may disseminate the | 16 | | information through agency websites. Non-governmental | 17 | | organizations including, but not limited to, the Illinois | 18 | | Forestry Association, Illinois Tree Farm and the Walnut Council | 19 | | may help to disseminate the information regarding the | 20 | | requirements and applicability of subsection (b-5) based on | 21 | | materials provided by the Departments. This subsection (b-10) | 22 | | is inoperative on and after January 1, 2013.
| 23 | | (b-15) Subsections (b-5) and (b-10) do not apply to real | 24 | | property located in a municipality of over 2,000,000 | 25 | | inhabitants. | 26 | | (c) This Section does not apply to any person, whether a |
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| 1 | | migrant worker
or otherwise, living on the land with permission | 2 | | of the owner or of his
or her agent having apparent authority | 3 | | to hire workers on this land and assign
them living quarters or | 4 | | a place of accommodations for living thereon, nor
to anyone | 5 | | living on the land at the request of, or by occupancy, leasing
| 6 | | or other agreement or arrangement with the owner or his or her | 7 | | agent, nor to
anyone invited by the migrant worker or other | 8 | | person so living on the
land to visit him or her at the place he | 9 | | is so living upon the land.
| 10 | | (d) A person shall be exempt from prosecution under this | 11 | | Section if
he or she beautifies unoccupied and abandoned | 12 | | residential and industrial properties
located within any | 13 | | municipality. For the purpose of this subsection,
"unoccupied | 14 | | and abandoned residential and industrial property" means any
| 15 | | real estate (1) in which the taxes have not been paid for a | 16 | | period of at
least 2 years; and (2) which has been left | 17 | | unoccupied and abandoned for a
period of at least one year; and | 18 | | "beautifies" means to landscape, clean up
litter, or to repair | 19 | | dilapidated conditions on or to board up windows
and doors.
| 20 | | (e) No person shall be liable in any civil action for money | 21 | | damages
to the owner of unoccupied and abandoned residential | 22 | | and industrial property
which that person beautifies pursuant | 23 | | to subsection (d) of this Section.
| 24 | | (f) This Section does not prohibit a person from entering a | 25 | | building or
upon the land of another for emergency purposes. | 26 | | For purposes of this
subsection (f), "emergency" means a |
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| 1 | | condition or circumstance in which an
individual is or is | 2 | | reasonably believed by the person to be in imminent danger
of | 3 | | serious bodily harm or in which property is or is reasonably | 4 | | believed to be
in imminent danger of damage or destruction.
| 5 | | (g) Paragraph (3.5) of subsection (a) does not apply to a | 6 | | peace officer or other official of a unit of government who | 7 | | enters a building or land in the performance of his or her | 8 | | official duties.
| 9 | | (g-1) This Section does not prohibit a person from entering | 10 | | the land of another for the purpose of retrieving a dog used | 11 | | for hunting purposes if the person enters the land on foot and | 12 | | without a firearm and after retrieving the dog, the person | 13 | | immediately 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 | 16 | | subdivision (a)(4) is a Class A misdemeanor. | 17 | | (i) Civil liability. A person may be liable in any civil | 18 | | action for money damages to the owner of the land he or she | 19 | | entered upon with a motor vehicle as prohibited under paragraph | 20 | | (4) of subsection (a) of this Section. A person may also be | 21 | | liable to the owner for court costs and reasonable attorney's | 22 | | fees. The measure of damages shall be: (i) the actual damages, | 23 | | but not less than $250, if the vehicle is operated in a nature | 24 | | preserve or registered area as defined in Sections 3.11 and | 25 | | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice | 26 | | the actual damages if the owner has previously notified the |
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| 1 | | person to cease trespassing; or (iii) in any other case, the | 2 | | actual damages, but not less than $50. If the person operating | 3 | | the vehicle is under the age of 16, the owner of the vehicle | 4 | | and the parent or legal guardian of the minor are jointly and | 5 | | severally 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 | 18 | | while 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; | 24 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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