Full Text of HB3869 93rd General Assembly
HB3869eng 93RD GENERAL ASSEMBLY
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HB3869 Engrossed |
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LRB093 13668 AMC 19054 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Sections 21-1 and 21-3 as follows:
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| (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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| Sec. 21-1. Criminal damage to property.
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| (1) A person commits an illegal act when he:
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| (a) knowingly damages any property of another without | 10 |
| his consent;
or
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| (b) recklessly by means of fire or explosive damages | 12 |
| property of
another; or
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| (c) knowingly starts a fire on the land of another | 14 |
| without his
consent; or
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| (d) knowingly injures a domestic animal of another | 16 |
| without his
consent; or
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| (e) knowingly deposits on the land or in the building | 18 |
| of another,
without his consent, any stink bomb or any | 19 |
| offensive smelling compound
and thereby intends to | 20 |
| interfere with the use by another of the land or
building; | 21 |
| or
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| (f) damages any property, other than as described in | 23 |
| subsection (b) of
Section 20-1, with intent to defraud an | 24 |
| insurer; or
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| (g) knowingly shoots a firearm at any portion of a | 26 |
| railroad train.
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| When the charge of criminal damage to property exceeding a | 28 |
| specified
value is brought, the extent of the damage is an | 29 |
| element of the offense to
be resolved by the trier of fact as | 30 |
| either exceeding or not exceeding
the specified value.
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| (2) The acts described in items (a), (b), (c), (e), and (f)
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| are Class
A misdemeanors if the damage to property does not |
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| exceed $300.
The acts
described in items (a), (b), (c), (e), | 2 |
| and (f) are Class 4
felonies if the damage to
property does not | 3 |
| exceed $300 if the damage occurs to property of a school
or
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| place of worship or to farm equipment or immovable items of | 5 |
| agricultural
production, including
but not
limited to grain | 6 |
| bins and barns . The act described in item (d) is a Class 4
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| felony if the
damage to property does not exceed $10,000. The | 8 |
| act
described in item (g) is a Class 4 felony. The acts | 9 |
| described in items (a),
(b), (c), (e), and (f) are Class 4 | 10 |
| felonies if the damage to property
exceeds $300 but does not | 11 |
| exceed $10,000. The acts described in items (a)
through (f) are | 12 |
| Class 3 felonies if the damage to property exceeds $300 but
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| does not exceed $10,000 if the damage occurs to property of a | 14 |
| school
or place
of worship or to farm equipment or immovable | 15 |
| items of agricultural
production,
including
but not
limited to | 16 |
| grain bins and barns . The acts described in items (a)
through | 17 |
| (f) are Class 3 felonies if the damage to property
exceeds | 18 |
| $10,000 but does not exceed $100,000. The acts described in | 19 |
| items
(a) through (f) are Class 2 felonies if the damage to | 20 |
| property exceeds $10,000
but does not exceed $100,000 if the | 21 |
| damage occurs to property of a school
or
place of worship or to | 22 |
| farm equipment or immovable items
of agricultural production, | 23 |
| including
but not
limited to grain bins and barns .
The acts | 24 |
| described in items
(a) through (f) are Class 2 felonies if the | 25 |
| damage to property exceeds
$100,000. The acts described in | 26 |
| items (a) through (f) are Class 1 felonies
if the damage to | 27 |
| property exceeds $100,000 and the damage occurs to property of
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| a school or place of worship or to farm equipment or immovable | 29 |
| items
of agricultural production, including
but not
limited to | 30 |
| grain bins and barns .
If the damage to property exceeds | 31 |
| $10,000,
the
court shall impose
upon the offender a fine equal | 32 |
| to the value of the damages to the property.
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| For the purposes of this subsection (2), "farm equipment" | 34 |
| means machinery
or
other equipment used in farming.
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| (3) In addition to any other sentence that may be imposed, | 36 |
| a court shall
order any person convicted of criminal damage to |
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| property to perform community
service for not less than 30 and | 2 |
| not more than 120 hours, if community service
is available in | 3 |
| the jurisdiction
and is funded and approved by the county board | 4 |
| of the county where the
offense was committed.
In addition, | 5 |
| whenever any person is placed
on supervision for an alleged | 6 |
| offense under this Section, the supervision shall
be | 7 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 9 |
| sentence of
incarceration.
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| (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
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| (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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| Sec. 21-3. Criminal trespass to real property.
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| (a) Except as provided in subsection (a-5), whoever:
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| (1) knowingly and without lawful authority enters or | 15 |
| remains within or on
a building; or
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| (2) enters upon the land of another, after receiving, | 17 |
| prior to such entry,
notice from the owner or occupant that | 18 |
| such entry is forbidden; or
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| (3) remains upon the land of another, after receiving | 20 |
| notice from the
owner or occupant to depart; or
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| (4) enters upon one of the following areas in or on a | 22 |
| motor vehicle
(including an off-road vehicle, motorcycle, | 23 |
| moped, or any other powered
two-wheel vehicle), after | 24 |
| receiving prior to that entry, notice from the owner
or | 25 |
| occupant that the entry is forbidden or remains upon or in | 26 |
| the area after
receiving notice from the owner or occupant | 27 |
| to depart:
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| (A) any field that is used for growing crops or | 29 |
| which is capable of
being used for growing crops; or
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| (B) an enclosed area containing livestock; or
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| (C) or an orchard; or
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| (D) a barn or other agricultural building | 33 |
| containing livestock;
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| commits a Class B misdemeanor.
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| For purposes of item (1) of this subsection, this Section |
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| shall not apply
to being in a building which is open to the | 2 |
| public while the building is open
to the public during its | 3 |
| normal hours of operation; nor shall this Section
apply to a | 4 |
| person who enters a public building under the reasonable belief | 5 |
| that
the building is still open to the public.
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| (a-5) Except as otherwise provided in this subsection, | 7 |
| whoever enters upon
any of
the following areas in or on a motor | 8 |
| vehicle (including an off-road vehicle,
motorcycle,
moped, or | 9 |
| any other powered two-wheel vehicle) after receiving, prior to | 10 |
| that
entry,
notice from the owner or occupant that the entry is | 11 |
| forbidden or remains upon
or in the
area after receiving notice | 12 |
| from the owner or occupant to depart commits a
Class A
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| misdemeanor:
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| (1) A field that is used for growing crops or that is | 15 |
| capable of being
used
for
growing crops.
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| (2) An enclosed area containing livestock.
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| (3) An orchard.
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| (4) A barn or other agricultural building containing | 19 |
| livestock.
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| (b) A person has received notice from the owner or occupant | 21 |
| within the
meaning of Subsection (a) if he has been notified | 22 |
| personally, either orally
or in writing including a valid court | 23 |
| order as defined by subsection (7)
of Section 112A-3 of the | 24 |
| Code of Criminal Procedure of 1963 granting remedy
(2) of | 25 |
| subsection (b) of Section 112A-14 of that Code, or if a printed | 26 |
| or
written notice forbidding such entry has been conspicuously | 27 |
| posted or
exhibited at the main entrance to such land or the | 28 |
| forbidden part thereof.
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| (c) This Section does not apply to any person, whether a | 30 |
| migrant worker
or otherwise, living on the land with permission | 31 |
| of the owner or of his
agent having apparent authority to hire | 32 |
| workers on such land and assign
them living quarters or a place | 33 |
| of accommodations for living thereon, nor
to anyone living on | 34 |
| such land at the request of, or by occupancy, leasing
or other | 35 |
| agreement or arrangement with the owner or his agent, nor to
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| anyone invited by such migrant worker or other person so living |
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| on such
land to visit him at the place he is so living upon the | 2 |
| land.
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| (d) A person shall be exempt from prosecution under this | 4 |
| Section if
he beautifies unoccupied and abandoned residential | 5 |
| and industrial properties
located within any municipality. For | 6 |
| the purpose of this subsection,
"unoccupied and abandoned | 7 |
| residential and industrial property" means any
real estate (1) | 8 |
| in which the taxes have not been paid for a period of at
least 2 | 9 |
| years; and (2) which has been left unoccupied and abandoned for | 10 |
| a
period of at least one year; and "beautifies" means to | 11 |
| landscape, clean up
litter, or to repair dilapidated conditions | 12 |
| on or to board up windows
and doors.
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| (e) No person shall be liable in any civil action for money | 14 |
| damages
to the owner of unoccupied and abandoned residential | 15 |
| and industrial property
which that person beautifies pursuant | 16 |
| to subsection (d) of this Section.
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| (f) This Section does not prohibit a person from entering a | 18 |
| building or
upon the land of another for emergency purposes. | 19 |
| For purposes of this
subsection (f), "emergency" means a | 20 |
| condition or circumstance in which an
individual is or is | 21 |
| reasonably believed by the person to be in imminent danger
of | 22 |
| serious bodily harm or in which property is or is reasonably | 23 |
| believed to be
in imminent danger of damage or destruction.
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| (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96; 89-626, | 25 |
| eff.
8-9-96; 90-419, eff. 8-15-97.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
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