State of Illinois
92nd General Assembly
Legislation

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92_HB5611

 
                                               LRB9215871RCcd

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Criminal  Code  of 1961 is amended by
 5    changing Section 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)  Whoever:
 9             (1)  knowingly and without lawful  authority  enters
10        or remains within or on a building; or
11             (2)  enters   upon   the   land  of  another,  after
12        receiving, prior to such entry, notice from the owner  or
13        occupant that such entry is forbidden; or
14             (3)  remains   upon   the  land  of  another,  after
15        receiving notice from the owner or occupant to depart; or
16             (4)  enters upon one of the following areas in or on
17        a  motor  vehicle   (including   an   off-road   vehicle,
18        motorcycle,   moped,   or  any  other  powered  two-wheel
19        vehicle), after receiving prior  to  that  entry,  notice
20        from the owner or occupant that the entry is forbidden or
21        remains  upon  or in the area after receiving notice from
22        the owner or occupant to depart:
23                  (A)  any field that is used for  growing  crops
24             or which is capable of being used for growing crops;
25             or
26                  (B)  an enclosed area containing livestock; or
27                  (C)  or an orchard; or
28                  (D)  a  barn  or  other  agricultural  building
29             containing livestock;
30    commits  a  Class  B misdemeanor. A violation of this Section
31    committed on property that is  a  water  filtration  station,
 
                            -2-                LRB9215871RCcd
 1    water   pumping   station,   electrical   transfer   station,
 2    electrical  generation  facility,  natural  gas  facility, or
 3    other utility facility is a Class 4 felony.
 4        For purposes of item (1) of this subsection, this Section
 5    shall not apply to being in a building which is open  to  the
 6    public  while  the  building is open to the public during its
 7    normal hours of operation; nor shall this Section apply to  a
 8    person  who  enters  a  public  building under the reasonable
 9    belief that the building is still open to the public.
10        (b)  A person has  received  notice  from  the  owner  or
11    occupant  within the meaning of Subsection (a) if he has been
12    notified personally, either orally or in writing including  a
13    valid  court  order  as  defined by subsection (7) of Section
14    112A-3 of the Code of Criminal  Procedure  of  1963  granting
15    remedy (2) of subsection (b) of Section 112A-14 of that Code,
16    or  if  a printed or written notice forbidding such entry has
17    been conspicuously posted or exhibited at the  main  entrance
18    to such land or the forbidden part thereof.
19        (c)  This Section does not apply to any person, whether a
20    migrant   worker  or  otherwise,  living  on  the  land  with
21    permission of the owner  or  of  his  agent  having  apparent
22    authority to hire workers on such land and assign them living
23    quarters or a place of accommodations for living thereon, nor
24    to  anyone  living  on  such  land  at  the request of, or by
25    occupancy, leasing or other agreement or arrangement with the
26    owner or his agent, nor to anyone  invited  by  such  migrant
27    worker or other person so living on such land to visit him at
28    the place he is so living upon the land.
29        (d)  A person shall be exempt from prosecution under this
30    Section if he beautifies unoccupied and abandoned residential
31    and  industrial  properties  located within any municipality.
32    For the purpose of this subsection, "unoccupied and abandoned
33    residential and industrial property" means  any  real  estate
34    (1)  in which the taxes have not been paid for a period of at
 
                            -3-                LRB9215871RCcd
 1    least 2 years; and (2) which has  been  left  unoccupied  and
 2    abandoned for a period of at least one year; and "beautifies"
 3    means to landscape, clean up litter, or to repair dilapidated
 4    conditions on or to board up windows and doors.
 5        (e)  No  person  shall  be liable in any civil action for
 6    money damages  to  the  owner  of  unoccupied  and  abandoned
 7    residential   and   industrial  property  which  that  person
 8    beautifies pursuant to subsection (d) of this Section.
 9        (f)  This  Section  does  not  prohibit  a  person   from
10    entering a building or upon the land of another for emergency
11    purposes.   For  purposes of this subsection (f), "emergency"
12    means a condition or circumstance in which an  individual  is
13    or  is  reasonably  believed  by the person to be in imminent
14    danger of serious bodily harm or in which property is  or  is
15    reasonably  believed  to  be  in imminent danger of damage or
16    destruction.
17    (Source: P.A.  89-346,  eff.  1-1-96;  89-373,  eff.  1-1-96;
18    89-626, eff. 8-9-96; 90-419, eff. 8-15-97.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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