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90_SB0827
720 ILCS 5/21-3 from Ch. 38, par. 21-3
Amends the Criminal Code of 1961. Provides that whoever
enters or remains within a building, other than a residence,
without lawful authority (now, enters after receiving notice
that entry is forbidden or remains after receiving notice to
depart) is guilty of a Class B misdemeanor. Effective
immediately.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 21-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 21-3 as follows:
7 (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
8 Sec. 21-3. Criminal trespass to real property.
9 (a) Whoever: (1) enters or remains within a building,
10 other than a residence, without lawful authority; (2) enters
11 upon the land or a building, other than a residence, or any
12 part thereof of another, after receiving, prior to such
13 entry, notice from the owner or occupant that such entry is
14 forbidden; (3), or remains upon the land or in a building,
15 other than a residence, of another after receiving notice
16 from the owner or occupant to depart; or (4) enters, commits
17 a Class B misdemeanor. A person who violates this subsection
18 (a) by entering upon one of the following areas, in or on a
19 motor vehicle (including an off-road vehicle, motorcycle,
20 moped, or any other powered two-wheel vehicle), after
21 receiving prior to that entry, notice from the owner or
22 occupant that the entry is forbidden or remains upon or in
23 the area after receiving notice from the owner or occupant to
24 depart commits a Class B misdemeanor:
25 (1) any field that is used for growing crops or
26 which is capable of being used for growing crops;
27 (2) an enclosed area containing livestock;
28 (3) an orchard; or
29 (4) a barn or other agricultural building
30 containing livestock.
31 (b) A person has received notice from the owner or
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1 occupant within the meaning of Subsection (a) if he has been
2 notified personally, either orally or in writing including a
3 valid court order as defined by subsection (7) of Section
4 112A-3 of the Code of Criminal Procedure of 1963 granting
5 remedy (2) of subsection (b) of Section 112A-14 of that Code,
6 or if a printed or written notice forbidding such entry has
7 been conspicuously posted or exhibited at the main entrance
8 to such land or the forbidden part thereof.
9 (c) This Section does not apply to any person, whether a
10 migrant worker or otherwise, living on the land with
11 permission of the owner or of his agent having apparent
12 authority to hire workers on such land and assign them living
13 quarters or a place of accommodations for living thereon, nor
14 to anyone living on such land at the request of, or by
15 occupancy, leasing or other agreement or arrangement with the
16 owner or his agent, nor to anyone invited by such migrant
17 worker or other person so living on such land to visit him at
18 the place he is so living upon the land.
19 (d) A person shall be exempt from prosecution under this
20 Section if he beautifies unoccupied and abandoned residential
21 and industrial properties located within any municipality.
22 For the purpose of this subsection, "unoccupied and abandoned
23 residential and industrial property" means any real estate
24 (1) in which the taxes have not been paid for a period of at
25 least 2 years; and (2) which has been left unoccupied and
26 abandoned for a period of at least one year; and "beautifies"
27 means to landscape, clean up litter, or to repair dilapidated
28 conditions on or to board up windows and doors.
29 (e) No person shall be liable in any civil action for
30 money damages to the owner of unoccupied and abandoned
31 residential and industrial property which that person
32 beautifies pursuant to subsection (d) of this Section.
33 (Source: P.A. 89-346, eff. 1-1-96; 89-373, eff. 1-1-96;
34 89-626, eff. 8-9-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.