Sen. Martin A. Sandoval

Filed: 5/5/2014

 

 


 

 


 
09800HB5922sam001LRB098 20301 RLC 58973 a

1
AMENDMENT TO HOUSE BILL 5922

2    AMENDMENT NO. ______. Amend House Bill 5922 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 21-5 as follows:
 
6    (720 ILCS 5/21-5)  (from Ch. 38, par. 21-5)
7    Sec. 21-5. Criminal Trespass to State Supported Land.
8    (a) A person commits criminal trespass to State supported
9land when he or she enters upon land supported in whole or in
10part with State funds, or federal funds administered or granted
11through State agencies or any building on the land, after
12receiving, prior to the entry, notice from the State or its
13representative that the entry is forbidden, or remains upon the
14land or in the building after receiving notice from the State
15or its representative to depart, and who thereby interferes
16with another person's lawful use or enjoyment of the building

 

 

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1or land.
2    A person has received notice from the State within the
3meaning of this subsection if he or she has been notified
4personally, either orally or in writing, or if a printed or
5written notice forbidding entry to him or her or a group of
6which he or she is a part, has been conspicuously posted or
7exhibited at the main entrance to the land or the forbidden
8part thereof.
9    (a-5) A person commits criminal trespass to State supported
10land when he or she enters upon a right of way, including
11facilities and improvements thereon, owned, leased, or
12otherwise used by a public body or district organized under the
13Metropolitan Transit Authority Act, the Local Mass Transit
14District Act, or the Regional Transportation Authority Act,
15after receiving, prior to the entry, notice from the public
16body or district, or its representative, that the entry is
17forbidden, or the person remains upon the right of way after
18receiving notice from the public body or district, or its
19representative, to depart, and in either of these instances
20intends to compromise public safety by causing a delay in
21transit service lasting more than 15 minutes or destroying
22property.
23    A person has received notice from the public body or
24district within the meaning of this subsection if he or she has
25been notified personally, either orally or in writing, or if a
26printed or written notice forbidding entry to him or her has

 

 

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1been conspicuously posted or exhibited at any point of entrance
2to the right of way or the forbidden part of the right of way.
3    As used in this subsection (a-5), "right of way" has the
4meaning ascribed to it in Section 18c-7502 of the Illinois
5Vehicle Code.
6    (b) A person commits criminal trespass to State supported
7land when he or she enters upon land supported in whole or in
8part with State funds, or federal funds administered or granted
9through State agencies or any building on the land by
10presenting false documents or falsely representing his or her
11identity orally to the State or its representative in order to
12obtain permission from the State or its representative to enter
13the building or land; or remains upon the land or in the
14building by presenting false documents or falsely representing
15his or her identity orally to the State or its representative
16in order to remain upon the land or in the building, and who
17thereby interferes with another person's lawful use or
18enjoyment of the building or land.
19    This subsection does not apply to a peace officer or other
20official of a unit of government who enters upon land supported
21in whole or in part with State funds, or federal funds
22administered or granted through State agencies or any building
23on the land in the performance of his or her official duties.
24    (c) Sentence. Criminal trespass to State supported land is
25a Class A misdemeanor, except a violation of subsection (a-5)
26of this Section is a Class A misdemeanor for a first violation

 

 

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1and a Class 4 felony for a second or subsequent violation.
2(Source: P.A. 97-1108, eff. 1-1-13.)".