Illinois General Assembly - Full Text of Public Act 094-0512
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Public Act 094-0512




Public Act 094-0512
HB4020 Enrolled LRB094 11531 RXD 42500 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Criminal Code of 1961 is amended by changing
Section 21-3 as follows:
    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
    Sec. 21-3. Criminal trespass to real property.
    (a) Whoever:
        (1) knowingly and without lawful authority enters or
    remains within or on a building; or
        (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
        (3) remains upon the land of another, after receiving
    notice from the owner or occupant to depart; or
        (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:
            (A) any field that is used for growing crops or
        which is capable of being used for growing crops; or
            (B) an enclosed area containing livestock; or
            (C) or an orchard; or
            (D) a barn or other agricultural building
        containing livestock;
commits a Class B misdemeanor.
    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.
    (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.
    (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
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
    (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.
    (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.
    (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.
    (g) A person may be liable in any civil action for money
damages to the owner of the land he or she entered upon with a
motor vehicle as prohibited under paragraph (4) of subsection
(a) of this Section. A person may also be liable to the owner
for court costs and reasonable attorney's fees. The measure of
damages shall be: (i) the actual damages, but not less than
$250, if the vehicle is operated in a nature preserve or
registered area as defined in Sections 3.11 and 3.14 of the
Illinois Natural Areas Preservation Act; (ii) twice the actual
damages if the owner has previously notified the person to
cease trespassing; or (iii) in any other case, the actual
damages, but not less than $50. If the person operating the
vehicle is under the age of 16, the owner of the vehicle and
the parent or legal guardian of the minor are jointly and
severally liable. For the purposes of this subsection (g):
        "Land" includes, but is not limited to, land used for
    crop land, fallow land, orchard, pasture, feed lot, timber
    land, prairie land, mine spoil nature preserves and
    registered areas. "Land" does not include driveways or
    private roadways upon which the owner allows the public to
        "Owner" means the person who has the right to
    possession of the land, including the owner, operator or
        "Vehicle" has the same meaning as provided under
    Section 1-217 of the Illinois Vehicle Code.
(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.)

Effective Date: 1/1/2006