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Public Act 094-0509
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| HB0120 Enrolled |
LRB094 05519 RLC 35568 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing
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Sections 21-1 and 21-3 as follows:
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(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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Sec. 21-1. Criminal damage to property.
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(1) A person commits an illegal act when he:
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(a) knowingly damages any property of another without |
his consent;
or
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(b) recklessly by means of fire or explosive damages |
property of
another; or
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(c) knowingly starts a fire on the land of another |
without his
consent; or
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(d) knowingly injures a domestic animal of another |
without his
consent; or
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(e) knowingly deposits on the land or in the building |
of another,
without his consent, any stink bomb or any |
offensive smelling compound
and thereby intends to |
interfere with the use by another of the land or
building; |
or
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(f) damages any property, other than as described in |
subsection (b) of
Section 20-1, with intent to defraud an |
insurer; or
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(g) knowingly shoots a firearm at any portion of a |
railroad train.
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When the charge of criminal damage to property exceeding a |
specified
value is brought, the extent of the damage is an |
element of the offense to
be resolved by the trier of fact as |
either exceeding or not exceeding
the specified value.
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(2) The acts described in items (a), (b), (c), (e), and (f)
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are Class
A misdemeanors if the damage to property does not |
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exceed $300.
The acts
described in items (a), (b), (c), (e), |
and (f) are Class 4
felonies if the damage to
property does not |
exceed $300 if the damage occurs to property of a school
or
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place of worship or to farm equipment or immovable items of |
agricultural
production, including
but not
limited to grain |
elevators, grain bins, and barns. The act described in item (d) |
is a Class 4
felony if the
damage to property does not exceed |
$10,000. The act
described in item (g) is a Class 4 felony. The |
acts described in items (a),
(b), (c), (e), and (f) are Class 4 |
felonies if the damage to property
exceeds $300 but does not |
exceed $10,000. The acts described in items (a)
through (f) are |
Class 3 felonies if the damage to property exceeds $300 but
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does not exceed $10,000 if the damage occurs to property of a |
school
or place
of worship or to farm equipment or immovable |
items of agricultural
production,
including
but not
limited to |
grain elevators, grain bins, and barns. The acts described in |
items (a)
through (f) are Class 3 felonies if the damage to |
property
exceeds $10,000 but does not exceed $100,000. The acts |
described in items
(a) through (f) are Class 2 felonies if the |
damage to property exceeds $10,000
but does not exceed $100,000 |
if the damage occurs to property of a school
or
place of |
worship or to farm equipment or immovable items
of agricultural |
production, including
but not
limited to grain elevators, grain |
bins, and barns.
The acts described in items
(a) through (f) |
are Class 2 felonies if the damage to property exceeds
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$100,000. The acts described in items (a) through (f) are Class |
1 felonies
if the damage to property exceeds $100,000 and the |
damage occurs to property of
a school or place of worship or to |
farm equipment or immovable items
of agricultural production, |
including
but not
limited to grain elevators, grain bins, and |
barns.
If the damage to property exceeds $10,000,
the
court |
shall impose
upon the offender a fine equal to the value of the |
damages to the property.
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For the purposes of this subsection (2), "farm equipment" |
means machinery
or
other equipment used in farming.
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(3) In addition to any other sentence that may be imposed, |
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a court shall
order any person convicted of criminal damage to |
property to perform community
service for not less than 30 and |
not more than 120 hours, if community service
is available in |
the jurisdiction
and is funded and approved by the county board |
of the county where the
offense was committed.
In addition, |
whenever any person is placed
on supervision for an alleged |
offense under this Section, the supervision shall
be |
conditioned upon the performance of the community service.
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This subsection does not apply when the court imposes a |
sentence of
incarceration.
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(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
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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) Except as provided in subsection (a-5), whoever:
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(1) knowingly and without lawful authority enters or |
remains within or on
a building; or
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(2) enters upon the land of another, after receiving, |
prior to such entry,
notice from the owner or occupant that |
such entry is forbidden; or
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(3) remains upon the land of another, after receiving |
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 |
motor vehicle
(including an off-road vehicle, motorcycle, |
moped, or any other powered
two-wheel vehicle), after |
receiving prior to that entry, notice from the owner
or |
occupant that the entry is forbidden or remains upon or in |
the area after
receiving notice from the owner or occupant |
to depart:
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(A) any field that is used for growing crops or |
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 |
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 |
shall not apply
to being in a building which is open to the |
public while the building is open
to the public during its |
normal hours of operation; nor shall this Section
apply to a |
person who enters a public building under the reasonable belief |
that
the building is still open to the public.
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(a-5) Except as otherwise provided in this subsection, |
whoever enters upon
any of
the following areas in or on a motor |
vehicle (including an off-road vehicle,
motorcycle,
moped, or |
any other powered two-wheel vehicle) after receiving, prior to |
that
entry,
notice from the owner or occupant that the entry is |
forbidden or remains upon
or in the
area after receiving notice |
from the owner or occupant to depart commits a
Class A
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misdemeanor:
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(1) A field that is used for growing crops or that is |
capable of being
used
for
growing crops.
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(2) An enclosed area containing livestock.
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(3) An orchard.
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(4) A barn or other agricultural building containing |
livestock.
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(b) A person has received notice from the owner or occupant |
within the
meaning of Subsection (a) if he has been notified |
personally, either orally
or in writing including a valid court |
order as defined by subsection (7)
of Section 112A-3 of the |
Code of Criminal Procedure of 1963 granting remedy
(2) of |
subsection (b) of Section 112A-14 of that Code, or if a printed |
or
written notice forbidding such entry has been conspicuously |
posted or
exhibited at the main entrance to such land or the |
forbidden part thereof.
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(c) This Section does not apply to any person, whether a |
migrant worker
or otherwise, living on the land with permission |
of the owner or of his
agent having apparent authority to hire |
workers on such land and assign
them living quarters or a place |
of accommodations for living thereon, nor
to anyone living on |
such land at the request of, or by occupancy, leasing
or other |
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 |
on such
land to visit him at the place he is so living upon the |
land.
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(d) A person shall be exempt from prosecution under this |
Section if
he beautifies unoccupied and abandoned residential |
and industrial properties
located within any municipality. For |
the purpose of this subsection,
"unoccupied and abandoned |
residential and industrial property" means any
real estate (1) |
in which the taxes have not been paid for a period of at
least 2 |
years; and (2) which has been left unoccupied and abandoned for |
a
period of at least one year; and "beautifies" means to |
landscape, clean up
litter, or to repair dilapidated conditions |
on or to board up windows
and doors.
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(e) No person shall be liable in any civil action for money |
damages
to the owner of unoccupied and abandoned residential |
and industrial property
which that person beautifies pursuant |
to subsection (d) of this Section.
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(f) This Section does not prohibit a person from entering a |
building or
upon the land of another for emergency purposes. |
For purposes of this
subsection (f), "emergency" means a |
condition or circumstance in which an
individual is or is |
reasonably believed by the person to be in imminent danger
of |
serious bodily harm or in which property is or is reasonably |
believed to be
in imminent danger of damage or destruction.
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(Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, |
eff.
8-9-96; 90-419, eff. 8-15-97.)
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Section 99. Effective date. This Act takes effect upon |
becoming law. |