|
Public Act 097-0477 |
SB1914 Enrolled | LRB097 08157 RLC 48280 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) 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
|
(3.5) presents false documents or falsely represents |
his or her identity orally to the owner or occupant of a |
building or land in order to obtain permission from the |
owner or occupant to enter or remain in the building or on |
the land; |
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.
|
(b-5) Subject to the provisions of subsection (b-10), as an |
alternative to the posting of real property as set forth in |
subsection (b), the owner or lessee of any real property may |
post the property by placing identifying purple marks on trees |
or posts around the area to be posted. Each purple mark shall |
be: |
(1) A vertical line of at least 8 inches in length and the |
bottom of the mark shall be no less than 3 feet nor more than 5 |
feet high. Such marks shall be placed no more than 100 feet |
apart and shall be readily visible to any person approaching |
the property; or |
(2) A post capped or otherwise marked on at least its top 2 |
inches. The bottom of the cap or mark shall be not less than 3 |
feet but not more than 5 feet 6 inches high. Posts so marked |
shall be placed not more than 36 feet apart and shall be |
readily visible to any person approaching the property. Prior |
to applying a cap or mark which is visible from both sides of a |
fence shared by different property owners or lessees, all such |
owners or lessees shall concur in the decision to post their |
own property. |
Nothing in this subsection (b-5) shall be construed to |
authorize the owner or lessee of any real property to place any |
purple marks on any tree or post or to install any post or |
fence if doing so would violate any applicable law, rule, |
ordinance, order, covenant, bylaw, declaration, regulation, |
|
restriction, contract, or instrument. |
(b-10) Any owner or lessee who marks his or her real |
property using the method described in subsection (b-5) must |
also provide notice as described in subsection (b) of this |
Section. The public of this State shall be informed of the |
provisions of subsection (b-5) of this Section by the Illinois |
Department of Agriculture and the Illinois Department of |
Natural Resources. These Departments shall conduct an |
information campaign for the general public concerning the |
interpretation and implementation of subsection (b-5). The |
information shall inform the public about the marking |
requirements and the applicability of subsection (b-5) |
including information regarding the size requirements of the |
markings as well as the manner in which the markings shall be |
displayed. The Departments shall also include information |
regarding the requirement that, until the date this subsection |
becomes inoperative, any owner or lessee who chooses to mark |
his or her property using paint, must also comply with one of |
the notice requirements listed in subsection (b). The |
Departments may prepare a brochure or may disseminate the |
information through agency websites. Non-governmental |
organizations including, but not limited to, the Illinois |
Forestry Association, Illinois Tree Farm and the Walnut Council |
may help to disseminate the information regarding the |
requirements and applicability of subsection (b-5) based on |
materials provided by the Departments. This subsection (b-10) |
|
is inoperative on and after January 1, 2013.
|
(b-15) Subsections (b-5) and (b-10) do not apply to real |
property located in a municipality of over 2,000,000 |
inhabitants. |
(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.
|
(g) Paragraph (3.5) of subsection (a) does not apply to a |
peace officer or other official of a unit of government who |
enters a building or land in the performance of his or her |
official duties.
|
(h) 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 subsection (a-5) 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 (h): |
"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 |
drive.
|
"Owner" means the person who has the right to |
possession of the land, including the owner, operator or |
tenant.
|
"Vehicle" has the same meaning as provided under |
Section 1-217 of the Illinois Vehicle Code.
|
(Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, |
eff. 1-1-06; 95-331, eff. 8-21-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|