| ||||
| Public Act 097-0184 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 21-3 as follows: | ||||
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
| ||||
Sec. 21-3. Criminal trespass to real property.
| ||||
(a) Except as provided in subsection (a-5), whoever:
| ||||
(1) knowingly and without lawful authority enters or | ||||
remains within or on
a building; or
| ||||
(2) enters upon the land of another, after receiving, | ||||
prior to such entry,
notice from the owner or occupant that | ||||
such entry is forbidden; or
| ||||
(3) remains upon the land of another, after receiving | ||||
notice from the
owner or occupant to depart;
or
| ||||
(3.5) presents false documents or falsely represents | ||||
his or her identity orally to the owner or occupant of a | ||||
building or land in order to obtain permission from the | ||||
owner or occupant to enter or remain in the building or on | ||||
the land; | ||||
commits a Class B misdemeanor. | ||||
For purposes of item (1) of this subsection, this Section | ||||
shall not apply
to being in a building which is open to the | ||||
public while the building is open
to the public during its | ||
normal hours of operation; nor shall this Section
apply to a | ||
person who enters a public building under the reasonable belief | ||
that
the building is still open to the public.
| ||
(a-5) Except as otherwise provided in this subsection, | ||
whoever enters upon
any of
the following areas in or on a motor | ||
vehicle (including an off-road vehicle,
motorcycle,
moped, or | ||
any other powered two-wheel vehicle) after receiving, prior to | ||
that
entry,
notice from the owner or occupant that the entry is | ||
forbidden or remains upon
or in the
area after receiving notice | ||
from the owner or occupant to depart commits a
Class A
| ||
misdemeanor:
| ||
(1) A field that is used for growing crops or that is | ||
capable of being
used
for
growing crops.
| ||
(2) An enclosed area containing livestock.
| ||
(3) An orchard.
| ||
(4) A barn or other agricultural building containing | ||
livestock.
| ||
(b) A person has received notice from the owner or occupant | ||
within the
meaning of Subsection (a) if he has been notified | ||
personally, either orally
or in writing including a valid court | ||
order as defined by subsection (7)
of Section 112A-3 of the | ||
Code of Criminal Procedure of 1963 granting remedy
(2) of | ||
subsection (b) of Section 112A-14 of that Code, or if a printed | ||
or
written notice forbidding such entry has been conspicuously | ||
posted or
exhibited at the main entrance to such land or the | ||
forbidden part thereof.
| ||
(c) This Section does not apply to any person, whether a | ||
migrant worker
or otherwise, living on the land with permission | ||
of the owner or of his
agent having apparent authority to hire | ||
workers on such land and assign
them living quarters or a place | ||
of accommodations for living thereon, nor
to anyone living on | ||
such land at the request of, or by occupancy, leasing
or other | ||
agreement or arrangement with the owner or his agent, nor to
| ||
anyone invited by such migrant worker or other person so living | ||
on such
land to visit him at the place he is so living upon the | ||
land.
| ||
(d) A person shall be exempt from prosecution under this | ||
Section if
he beautifies unoccupied and abandoned residential | ||
and industrial properties
located within any municipality. For | ||
the purpose of this subsection,
"unoccupied and abandoned | ||
residential and industrial property" means any
real estate (1) | ||
in which the taxes have not been paid for a period of at
least 2 | ||
years; and (2) which has been left unoccupied and abandoned for | ||
a
period of at least one year; and "beautifies" means to | ||
landscape, clean up
litter, or to repair dilapidated conditions | ||
on or to board up windows
and doors.
| ||
(e) No person shall be liable in any civil action for money | ||
damages
to the owner of unoccupied and abandoned residential | ||
and industrial property
which that person beautifies pursuant | ||
to subsection (d) of this Section.
| ||
(f) This Section does not prohibit a person from entering a | ||
building or
upon the land of another for emergency purposes. | ||
For purposes of this
subsection (f), "emergency" means a | ||
condition or circumstance in which an
individual is or is | ||
reasonably believed by the person to be in imminent danger
of | ||
serious bodily harm or in which property is or is reasonably | ||
believed to be
in imminent danger of damage or destruction.
| ||
(g) Paragraph (3.5) of subsection (a) does not apply to a | ||
peace officer or other official of a unit of government who | ||
enters a building or land in the performance of his or her | ||
official duties.
| ||
(h) A person may be liable in any civil action for money | ||
damages to the owner of the land he or she entered upon with a | ||
motor vehicle as prohibited under subsection (a-5) of this | ||
Section. A person may also be liable to the owner for court | ||
costs and reasonable attorney's fees. The measure of damages | ||
shall be: (i) the actual damages, but not less than $250, if | ||
the vehicle is operated in a nature preserve or registered area | ||
as defined in Sections 3.11 and 3.14 of the Illinois Natural | ||
Areas Preservation Act; (ii) twice the actual damages if the | ||
owner has previously notified the person to cease trespassing; | ||
or (iii) in any other case, the actual damages, but not less | ||
than $50. If the person operating the vehicle is under the age | ||
of 16, the owner of the vehicle and the parent or legal | ||
guardian of the minor are jointly and severally liable. For the | ||
purposes of this subsection (h): | ||
"Land" includes, but is not limited to, land used for | ||
crop land, fallow land, orchard, pasture, feed lot, timber | ||
land, prairie land, mine spoil nature preserves and | ||
registered areas. "Land" does not include driveways or | ||
private roadways upon which the owner allows the public to | ||
drive.
| ||
"Owner" means the person who has the right to | ||
possession of the land, including the owner, operator or | ||
tenant.
| ||
"Vehicle" has the same meaning as provided under | ||
Section 1-217 of the Illinois Vehicle Code.
| ||
(i) This Section does not apply to the following persons | ||
while serving process: | ||
(1) a person authorized to serve process under Section | ||
2-202 of the Code of Civil Procedure; or | ||
(2) a special process server appointed by the circuit | ||
court. | ||
(Source: P.A. 94-263, eff. 1-1-06; 94-509, eff. 8-9-05; 94-512, | ||
eff. 1-1-06; 95-331, eff. 8-21-07.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||