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| Public Act 097-0477 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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)
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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 | ||||
remains within or on
a building; or
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(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
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(3) remains upon the land of another, after receiving | ||||
notice from the
owner or occupant to depart;
or
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(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.
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(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
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misdemeanor:
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(1) A field that is used for growing crops or that is | ||
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 | ||
livestock.
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(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.
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(b-5) Subject to the provisions of subsection (b-10), as an | ||
alternative to the posting of real property as set forth in | ||
subsection (b), the owner or lessee of any real property may | ||
post the property by placing identifying purple marks on trees | ||
or posts around the area to be posted. Each purple mark shall | ||
be: | ||
(1) A vertical line of at least 8 inches in length and the | ||
bottom of the mark shall be no less than 3 feet nor more than 5 | ||
feet high. Such marks shall be placed no more than 100 feet | ||
apart and shall be readily visible to any person approaching | ||
the property; or | ||
(2) A post capped or otherwise marked on at least its top 2 | ||
inches. The bottom of the cap or mark shall be not less than 3 | ||
feet but not more than 5 feet 6 inches high. Posts so marked | ||
shall be placed not more than 36 feet apart and shall be | ||
readily visible to any person approaching the property. Prior | ||
to applying a cap or mark which is visible from both sides of a | ||
fence shared by different property owners or lessees, all such | ||
owners or lessees shall concur in the decision to post their | ||
own property. | ||
Nothing in this subsection (b-5) shall be construed to | ||
authorize the owner or lessee of any real property to place any | ||
purple marks on any tree or post or to install any post or | ||
fence if doing so would violate any applicable law, rule, | ||
ordinance, order, covenant, bylaw, declaration, regulation, | ||
restriction, contract, or instrument. | ||
(b-10) Any owner or lessee who marks his or her real | ||
property using the method described in subsection (b-5) must | ||
also provide notice as described in subsection (b) of this | ||
Section. The public of this State shall be informed of the | ||
provisions of subsection (b-5) of this Section by the Illinois | ||
Department of Agriculture and the Illinois Department of | ||
Natural Resources. These Departments shall conduct an | ||
information campaign for the general public concerning the | ||
interpretation and implementation of subsection (b-5). The | ||
information shall inform the public about the marking | ||
requirements and the applicability of subsection (b-5) | ||
including information regarding the size requirements of the | ||
markings as well as the manner in which the markings shall be | ||
displayed. The Departments shall also include information | ||
regarding the requirement that, until the date this subsection | ||
becomes inoperative, any owner or lessee who chooses to mark | ||
his or her property using paint, must also comply with one of | ||
the notice requirements listed in subsection (b). The | ||
Departments may prepare a brochure or may disseminate the | ||
information through agency websites. Non-governmental | ||
organizations including, but not limited to, the Illinois | ||
Forestry Association, Illinois Tree Farm and the Walnut Council | ||
may help to disseminate the information regarding the | ||
requirements and applicability of subsection (b-5) based on | ||
materials provided by the Departments. This subsection (b-10) | ||
is inoperative on and after January 1, 2013.
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(b-15) Subsections (b-5) and (b-10) do not apply to real | ||
property located in a municipality of over 2,000,000 | ||
inhabitants. | ||
(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
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
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"Owner" means the person who has the right to | ||
possession of the land, including the owner, operator or | ||
tenant.
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"Vehicle" has the same meaning as provided under | ||
Section 1-217 of the Illinois Vehicle Code.
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(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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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