Public Act 094-0509
 
HB0120 Enrolled LRB094 05519 RLC 35568 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
Sections 21-1 and 21-3 as follows:
 
    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (1) A person commits an illegal act when he:
        (a) knowingly damages any property of another without
    his consent; or
        (b) recklessly by means of fire or explosive damages
    property of another; or
        (c) knowingly starts a fire on the land of another
    without his consent; or
        (d) knowingly injures a domestic animal of another
    without his consent; or
        (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
        (f) damages any property, other than as described in
    subsection (b) of Section 20-1, with intent to defraud an
    insurer; or
        (g) knowingly shoots a firearm at any portion of a
    railroad train.
    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.
    (2) The acts described in items (a), (b), (c), (e), and (f)
are Class A misdemeanors if the damage to property does not
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
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
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
$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.
    For the purposes of this subsection (2), "farm equipment"
means machinery or other equipment used in farming.
    (3) In addition to any other sentence that may be imposed,
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.
    This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
 
    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
    Sec. 21-3. Criminal trespass to real property.
    (a) Except as provided in subsection (a-5), 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.
    (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
misdemeanor:
        (1) A field that is used for growing crops or that is
    capable of being used for growing crops.
        (2) An enclosed area containing livestock.
        (3) An orchard.
        (4) A barn or other agricultural building containing
    livestock.
    (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
land.
    (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.
(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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/9/2005