100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5314

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1
720 ILCS 5/21-3  from Ch. 38, par. 21-3

    Amends the Criminal Code of 2012. Creates the offense of aggravated criminal trespass to real property. Provides that a person commits the offense when he or she knowingly enters upon the land of another without permission of the owner or occupant with the intent to take any game species regulated under the Wildlife Code. Provides that a violation is a Class A misdemeanor. Effective immediately.


LRB100 16874 RLC 32015 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5314LRB100 16874 RLC 32015 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-7.1 and 21-3 as follows:
 
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    Sec. 12-7.1. Hate crime.
8    (a) A person commits hate crime when, by reason of the
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he or she commits assault, battery, aggravated
14assault, intimidation, stalking, cyberstalking, misdemeanor
15theft, criminal trespass to residence, misdemeanor criminal
16damage to property, criminal trespass to vehicle, criminal
17trespass to real property, aggravated criminal trespass to real
18property, mob action, disorderly conduct, transmission of
19obscene messages, harassment by telephone, or harassment
20through electronic communications as these crimes are defined
21in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
2221-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
23(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs

 

 

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1(a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
2    (b) Except as provided in subsection (b-5), hate crime is a
3Class 4 felony for a first offense and a Class 2 felony for a
4second or subsequent offense.
5    (b-5) Hate crime is a Class 3 felony for a first offense
6and a Class 2 felony for a second or subsequent offense if
7committed:
8        (1) in, or upon the exterior or grounds of, a church,
9    synagogue, mosque, or other building, structure, or place
10    identified or associated with a particular religion or used
11    for religious worship or other religious purpose;
12        (2) in a cemetery, mortuary, or other facility used for
13    the purpose of burial or memorializing the dead;
14        (3) in a school or other educational facility,
15    including an administrative facility or public or private
16    dormitory facility of or associated with the school or
17    other educational facility;
18        (4) in a public park or an ethnic or religious
19    community center;
20        (5) on the real property comprising any location
21    specified in clauses (1) through (4) of this subsection
22    (b-5); or
23        (6) on a public way within 1,000 feet of the real
24    property comprising any location specified in clauses (1)
25    through (4) of this subsection (b-5).
26    (b-10) Upon imposition of any sentence, the trial court

 

 

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1shall also either order restitution paid to the victim or
2impose a fine in an amount to be determined by the court based
3on the severity of the crime and the injury or damages suffered
4by the victim. In addition, any order of probation or
5conditional discharge entered following a conviction or an
6adjudication of delinquency shall include a condition that the
7offender perform public or community service of no less than
8200 hours if that service is established in the county where
9the offender was convicted of hate crime. In addition, any
10order of probation or conditional discharge entered following a
11conviction or an adjudication of delinquency shall include a
12condition that the offender enroll in an educational program
13discouraging hate crimes involving the protected class
14identified in subsection (a) that gave rise to the offense the
15offender committed. The educational program must be attended by
16the offender in-person and may be administered, as determined
17by the court, by a university, college, community college,
18non-profit organization, the Illinois Holocaust and Genocide
19Commission, or any other organization that provides
20educational programs discouraging hate crimes, except that
21programs administered online or that can otherwise be attended
22remotely are prohibited. The court may also impose any other
23condition of probation or conditional discharge under this
24Section. If the court sentences the offender to imprisonment or
25periodic imprisonment for a violation of this Section, as a
26condition of the offender's mandatory supervised release, the

 

 

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1court shall require that the offender perform public or
2community service of no less than 200 hours and enroll in an
3educational program discouraging hate crimes involving the
4protected class identified in subsection (a) that gave rise to
5the offense the offender committed.
6    (c) Independent of any criminal prosecution or the result
7of a criminal prosecution, any person suffering injury to his
8or her person, damage to his or her property, intimidation as
9defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1012-6 of this Code, stalking as defined in Section 12-7.3 of
11this Code, cyberstalking as defined in Section 12-7.5 of this
12Code, disorderly conduct as defined in paragraph (a)(1) of
13Section 26-1 of this Code, transmission of obscene messages as
14defined in Section 26.5-1 of this Code, harassment by telephone
15as defined in Section 26.5-2 of this Code, or harassment
16through electronic communications as defined in paragraphs
17(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of
18a hate crime may bring a civil action for damages, injunction
19or other appropriate relief. The court may award actual
20damages, including damages for emotional distress, as well as
21punitive damages. The court may impose a civil penalty up to
22$25,000 for each violation of this subsection (c). A judgment
23in favor of a person who brings a civil action under this
24subsection (c) shall include attorney's fees and costs. After
25consulting with the local State's Attorney, the Attorney
26General may bring a civil action in the name of the People of

 

 

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1the State for an injunction or other equitable relief under
2this subsection (c). In addition, the Attorney General may
3request and the court may impose a civil penalty up to $25,000
4for each violation under this subsection (c). The parents or
5legal guardians, other than guardians appointed pursuant to the
6Juvenile Court Act or the Juvenile Court Act of 1987, of an
7unemancipated minor shall be liable for the amount of any
8judgment for all damages rendered against such minor under this
9subsection (c) in any amount not exceeding the amount provided
10under Section 5 of the Parental Responsibility Law.
11    (d) "Sexual orientation" has the meaning ascribed to it in
12paragraph (O-1) of Section 1-103 of the Illinois Human Rights
13Act.
14(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
15100-260, eff. 1-1-18; revised 10-5-17.)
 
16    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
17    Sec. 21-3. Criminal trespass to real property; aggravated
18criminal trespass to real property.
19    (a) A person commits criminal trespass to real property
20when he or she:
21        (1) knowingly and without lawful authority enters or
22    remains within or on a building;
23        (2) enters upon the land of another, after receiving,
24    prior to the entry, notice from the owner or occupant that
25    the entry is forbidden;

 

 

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1        (3) remains upon the land of another, after receiving
2    notice from the owner or occupant to depart;
3        (3.5) presents false documents or falsely represents
4    his or her identity orally to the owner or occupant of a
5    building or land in order to obtain permission from the
6    owner or occupant to enter or remain in the building or on
7    the land;
8        (3.7) intentionally removes a notice posted on
9    residential real estate as required by subsection (l) of
10    Section 15-1505.8 of Article XV of the Code of Civil
11    Procedure before the date and time set forth in the notice;
12    or
13        (4) enters a field used or capable of being used for
14    growing crops, an enclosed area containing livestock, an
15    agricultural building containing livestock, or an orchard
16    in or on a motor vehicle (including an off-road vehicle,
17    motorcycle, moped, or any other powered two-wheel vehicle)
18    after receiving, prior to the entry, notice from the owner
19    or occupant that the entry is forbidden or remains upon or
20    in the area after receiving notice from the owner or
21    occupant to depart.
22    For purposes of item (1) of this subsection, this Section
23shall not apply to being in a building which is open to the
24public while the building is open to the public during its
25normal hours of operation; nor shall this Section apply to a
26person who enters a public building under the reasonable belief

 

 

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1that the building is still open to the public.
2    (a-5) A person commits aggravated criminal trespass to real
3property when he or she knowingly enters upon the land of
4another without permission of the owner or occupant with the
5intent to take any game species regulated under the Wildlife
6Code.
7    (b) A person has received notice from the owner or occupant
8within the meaning of subsection Subsection (a) if he or she
9has been notified personally, either orally or in writing
10including a valid court order as defined by subsection (7) of
11Section 112A-3 of the Code of Criminal Procedure of 1963
12granting remedy (2) of subsection (b) of Section 112A-14 of
13that Code, or if a printed or written notice forbidding such
14entry has been conspicuously posted or exhibited at the main
15entrance to the land or the forbidden part thereof.
16    (b-5) Subject to the provisions of subsection (b-10), as an
17alternative to the posting of real property as set forth in
18subsection (b), the owner or lessee of any real property may
19post the property by placing identifying purple marks on trees
20or posts around the area to be posted. Each purple mark shall
21be:
22        (1) A vertical line of at least 8 inches in length and
23    the bottom of the mark shall be no less than 3 feet nor
24    more than 5 feet high. Such marks shall be placed no more
25    than 100 feet apart and shall be readily visible to any
26    person approaching the property; or

 

 

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1        (2) A post capped or otherwise marked on at least its
2    top 2 inches. The bottom of the cap or mark shall be not
3    less than 3 feet but not more than 5 feet 6 inches high.
4    Posts so marked shall be placed not more than 36 feet apart
5    and shall be readily visible to any person approaching the
6    property. Prior to applying a cap or mark which is visible
7    from both sides of a fence shared by different property
8    owners or lessees, all such owners or lessees shall concur
9    in the decision to post their own property.
10    Nothing in this subsection (b-5) shall be construed to
11authorize the owner or lessee of any real property to place any
12purple marks on any tree or post or to install any post or
13fence if doing so would violate any applicable law, rule,
14ordinance, order, covenant, bylaw, declaration, regulation,
15restriction, contract, or instrument.
16    (b-10) Any owner or lessee who marks his or her real
17property using the method described in subsection (b-5) must
18also provide notice as described in subsection (b) of this
19Section. The public of this State shall be informed of the
20provisions of subsection (b-5) of this Section by the Illinois
21Department of Agriculture and the Illinois Department of
22Natural Resources. These Departments shall conduct an
23information campaign for the general public concerning the
24interpretation and implementation of subsection (b-5). The
25information shall inform the public about the marking
26requirements and the applicability of subsection (b-5)

 

 

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1including information regarding the size requirements of the
2markings as well as the manner in which the markings shall be
3displayed. The Departments shall also include information
4regarding the requirement that, until the date this subsection
5becomes inoperative, any owner or lessee who chooses to mark
6his or her property using paint, must also comply with one of
7the notice requirements listed in subsection (b). The
8Departments may prepare a brochure or may disseminate the
9information through agency websites. Non-governmental
10organizations including, but not limited to, the Illinois
11Forestry Association, Illinois Tree Farm and the Walnut Council
12may help to disseminate the information regarding the
13requirements and applicability of subsection (b-5) based on
14materials provided by the Departments. This subsection (b-10)
15is inoperative on and after January 1, 2013.
16    (b-15) Subsections (b-5) and (b-10) do not apply to real
17property located in a municipality of over 2,000,000
18inhabitants.
19    (c) This Section does not apply to any person, whether a
20migrant worker or otherwise, living on the land with permission
21of the owner or of his or her agent having apparent authority
22to hire workers on this land and assign them living quarters or
23a place of accommodations for living thereon, nor to anyone
24living on the land at the request of, or by occupancy, leasing
25or other agreement or arrangement with the owner or his or her
26agent, nor to anyone invited by the migrant worker or other

 

 

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1person so living on the land to visit him or her at the place he
2is so living upon the land.
3    (d) A person shall be exempt from prosecution under this
4Section if he or she beautifies unoccupied and abandoned
5residential and industrial properties located within any
6municipality. For the purpose of this subsection, "unoccupied
7and abandoned residential and industrial property" means any
8real estate (1) in which the taxes have not been paid for a
9period of at least 2 years; and (2) which has been left
10unoccupied and abandoned for a period of at least one year; and
11"beautifies" means to landscape, clean up litter, or to repair
12dilapidated conditions on or to board up windows and doors.
13    (e) No person shall be liable in any civil action for money
14damages to the owner of unoccupied and abandoned residential
15and industrial property which that person beautifies pursuant
16to subsection (d) of this Section.
17    (e-5) Mortgagee or agent of the mortgagee exceptions.
18        (1) A mortgagee or agent of the mortgagee shall be
19    exempt from prosecution for criminal trespass for
20    entering, securing, or maintaining an abandoned
21    residential property.
22        (2) No mortgagee or agent of the mortgagee shall be
23    liable to the mortgagor or other owner of an abandoned
24    residential property in any civil action for negligence or
25    civil trespass in connection with entering, securing, or
26    maintaining the abandoned residential property.

 

 

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1        (3) For the purpose of this subsection (e-5) only,
2    "abandoned residential property" means mortgaged real
3    estate that the mortgagee or agent of the mortgagee
4    determines in good faith meets the definition of abandoned
5    residential property set forth in Section 15-1200.5 of
6    Article XV of the Code of Civil Procedure.
7    (f) This Section does not prohibit a person from entering a
8building or upon the land of another for emergency purposes.
9For purposes of this subsection (f), "emergency" means a
10condition or circumstance in which an individual is or is
11reasonably believed by the person to be in imminent danger of
12serious bodily harm or in which property is or is reasonably
13believed to be in imminent danger of damage or destruction.
14    (g) Paragraph (3.5) of subsection (a) does not apply to a
15peace officer or other official of a unit of government who
16enters a building or land in the performance of his or her
17official duties.
18    (h) Sentence. A violation of subdivision (a)(1), (a)(2),
19(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of
20subdivision (a)(4) is a Class A misdemeanor. A violation of
21subsection (a-5) is a Class A misdemeanor.
22    (i) Civil liability. A person may be liable in any civil
23action for money damages to the owner of the land he or she
24entered upon with a motor vehicle as prohibited under paragraph
25(4) of subsection (a) of this Section. A person may also be
26liable to the owner for court costs and reasonable attorney's

 

 

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1fees. The measure of damages shall be: (i) the actual damages,
2but not less than $250, if the vehicle is operated in a nature
3preserve or registered area as defined in Sections 3.11 and
43.14 of the Illinois Natural Areas Preservation Act; (ii) twice
5the actual damages if the owner has previously notified the
6person to cease trespassing; or (iii) in any other case, the
7actual damages, but not less than $50. If the person operating
8the vehicle is under the age of 16, the owner of the vehicle
9and the parent or legal guardian of the minor are jointly and
10severally liable. For the purposes of this subsection (i):
11        "Land" includes, but is not limited to, land used for
12    crop land, fallow land, orchard, pasture, feed lot, timber
13    land, prairie land, mine spoil nature preserves and
14    registered areas. "Land" does not include driveways or
15    private roadways upon which the owner allows the public to
16    drive.
17        "Owner" means the person who has the right to
18    possession of the land, including the owner, operator or
19    tenant.
20        "Vehicle" has the same meaning as provided under
21    Section 1-217 of the Illinois Vehicle Code.
22    (j) This Section does not apply to the following persons
23while serving process:
24        (1) a person authorized to serve process under Section
25    2-202 of the Code of Civil Procedure; or
26        (2) a special process server appointed by the circuit

 

 

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1    court.
2(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11;
397-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff.
46-1-13.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.