SB1914 EnrolledLRB097 08157 RLC 48280 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 1961 is amended by changing
5Section 21-3 as follows:
 
6    (720 ILCS 5/21-3)  (from Ch. 38, par. 21-3)
7    Sec. 21-3. Criminal trespass to real property.
8    (a) Except as provided in subsection (a-5), whoever:
9        (1) knowingly and without lawful authority enters or
10    remains within or on a building; or
11        (2) enters upon the land of another, after receiving,
12    prior to such entry, notice from the owner or occupant that
13    such entry is forbidden; or
14        (3) remains upon the land of another, after receiving
15    notice from the owner or occupant to depart; or
16        (3.5) presents false documents or falsely represents
17    his or her identity orally to the owner or occupant of a
18    building or land in order to obtain permission from the
19    owner or occupant to enter or remain in the building or on
20    the land;
21commits a Class B misdemeanor.
22    For purposes of item (1) of this subsection, this Section
23shall not apply to being in a building which is open to the

 

 

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1public while the building is open to the public during its
2normal hours of operation; nor shall this Section apply to a
3person who enters a public building under the reasonable belief
4that the building is still open to the public.
5    (a-5) Except as otherwise provided in this subsection,
6whoever enters upon any of the following areas in or on a motor
7vehicle (including an off-road vehicle, motorcycle, moped, or
8any other powered two-wheel vehicle) after receiving, prior to
9that entry, notice from the owner or occupant that the entry is
10forbidden or remains upon or in the area after receiving notice
11from the owner or occupant to depart commits a Class A
12misdemeanor:
13        (1) A field that is used for growing crops or that is
14    capable of being used for growing crops.
15        (2) An enclosed area containing livestock.
16        (3) An orchard.
17        (4) A barn or other agricultural building containing
18    livestock.
19    (b) A person has received notice from the owner or occupant
20within the meaning of Subsection (a) if he has been notified
21personally, either orally or in writing including a valid court
22order as defined by subsection (7) of Section 112A-3 of the
23Code of Criminal Procedure of 1963 granting remedy (2) of
24subsection (b) of Section 112A-14 of that Code, or if a printed
25or written notice forbidding such entry has been conspicuously
26posted or exhibited at the main entrance to such land or the

 

 

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1forbidden part thereof.
2    (b-5) Subject to the provisions of subsection (b-10), as an
3alternative to the posting of real property as set forth in
4subsection (b), the owner or lessee of any real property may
5post the property by placing identifying purple marks on trees
6or posts around the area to be posted. Each purple mark shall
7be:
8    (1) A vertical line of at least 8 inches in length and the
9bottom of the mark shall be no less than 3 feet nor more than 5
10feet high. Such marks shall be placed no more than 100 feet
11apart and shall be readily visible to any person approaching
12the property; or
13    (2) A post capped or otherwise marked on at least its top 2
14inches. The bottom of the cap or mark shall be not less than 3
15feet but not more than 5 feet 6 inches high. Posts so marked
16shall be placed not more than 36 feet apart and shall be
17readily visible to any person approaching the property. Prior
18to applying a cap or mark which is visible from both sides of a
19fence shared by different property owners or lessees, all such
20owners or lessees shall concur in the decision to post their
21own property.
22    Nothing in this subsection (b-5) shall be construed to
23authorize the owner or lessee of any real property to place any
24purple marks on any tree or post or to install any post or
25fence if doing so would violate any applicable law, rule,
26ordinance, order, covenant, bylaw, declaration, regulation,

 

 

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1restriction, contract, or instrument.
2    (b-10) Any owner or lessee who marks his or her real
3property using the method described in subsection (b-5) must
4also provide notice as described in subsection (b) of this
5Section. The public of this State shall be informed of the
6provisions of subsection (b-5) of this Section by the Illinois
7Department of Agriculture and the Illinois Department of
8Natural Resources. These Departments shall conduct an
9information campaign for the general public concerning the
10interpretation and implementation of subsection (b-5). The
11information shall inform the public about the marking
12requirements and the applicability of subsection (b-5)
13including information regarding the size requirements of the
14markings as well as the manner in which the markings shall be
15displayed. The Departments shall also include information
16regarding the requirement that, until the date this subsection
17becomes inoperative, any owner or lessee who chooses to mark
18his or her property using paint, must also comply with one of
19the notice requirements listed in subsection (b). The
20Departments may prepare a brochure or may disseminate the
21information through agency websites. Non-governmental
22organizations including, but not limited to, the Illinois
23Forestry Association, Illinois Tree Farm and the Walnut Council
24may help to disseminate the information regarding the
25requirements and applicability of subsection (b-5) based on
26materials provided by the Departments. This subsection (b-10)

 

 

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1is inoperative on and after January 1, 2013.
2    (b-15) Subsections (b-5) and (b-10) do not apply to real
3property located in a municipality of over 2,000,000
4inhabitants.
5    (c) This Section does not apply to any person, whether a
6migrant worker or otherwise, living on the land with permission
7of the owner or of his agent having apparent authority to hire
8workers on such land and assign them living quarters or a place
9of accommodations for living thereon, nor to anyone living on
10such land at the request of, or by occupancy, leasing or other
11agreement or arrangement with the owner or his agent, nor to
12anyone invited by such migrant worker or other person so living
13on such land to visit him at the place he is so living upon the
14land.
15    (d) A person shall be exempt from prosecution under this
16Section if he beautifies unoccupied and abandoned residential
17and industrial properties located within any municipality. For
18the purpose of this subsection, "unoccupied and abandoned
19residential and industrial property" means any real estate (1)
20in which the taxes have not been paid for a period of at least 2
21years; and (2) which has been left unoccupied and abandoned for
22a period of at least one year; and "beautifies" means to
23landscape, clean up litter, or to repair dilapidated conditions
24on or to board up windows and doors.
25    (e) No person shall be liable in any civil action for money
26damages to the owner of unoccupied and abandoned residential

 

 

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1and industrial property which that person beautifies pursuant
2to subsection (d) of this Section.
3    (f) This Section does not prohibit a person from entering a
4building or upon the land of another for emergency purposes.
5For purposes of this subsection (f), "emergency" means a
6condition or circumstance in which an individual is or is
7reasonably believed by the person to be in imminent danger of
8serious bodily harm or in which property is or is reasonably
9believed to be in imminent danger of damage or destruction.
10    (g) Paragraph (3.5) of subsection (a) does not apply to a
11peace officer or other official of a unit of government who
12enters a building or land in the performance of his or her
13official duties.
14    (h) A person may be liable in any civil action for money
15damages to the owner of the land he or she entered upon with a
16motor vehicle as prohibited under subsection (a-5) of this
17Section. A person may also be liable to the owner for court
18costs and reasonable attorney's fees. The measure of damages
19shall be: (i) the actual damages, but not less than $250, if
20the vehicle is operated in a nature preserve or registered area
21as defined in Sections 3.11 and 3.14 of the Illinois Natural
22Areas Preservation Act; (ii) twice the actual damages if the
23owner has previously notified the person to cease trespassing;
24or (iii) in any other case, the actual damages, but not less
25than $50. If the person operating the vehicle is under the age
26of 16, the owner of the vehicle and the parent or legal

 

 

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1guardian of the minor are jointly and severally liable. For the
2purposes of this subsection (h):
3        "Land" includes, but is not limited to, land used for
4    crop land, fallow land, orchard, pasture, feed lot, timber
5    land, prairie land, mine spoil nature preserves and
6    registered areas. "Land" does not include driveways or
7    private roadways upon which the owner allows the public to
8    drive.
9        "Owner" means the person who has the right to
10    possession of the land, including the owner, operator or
11    tenant.
12        "Vehicle" has the same meaning as provided under
13    Section 1-217 of the Illinois Vehicle Code.
14(Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512,
15eff. 1-1-06; 95-331, eff. 8-21-07.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.