Bill Amendment: IL HB3832 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIM CD-AGG CRIM TRESPASS PROP
Status: 2019-01-08 - Session Sine Die [HB3832 Detail]
Download: Illinois-2017-HB3832-House_Amendment_001.html
Bill Title: CRIM CD-AGG CRIM TRESPASS PROP
Status: 2019-01-08 - Session Sine Die [HB3832 Detail]
Download: Illinois-2017-HB3832-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3832
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2 | AMENDMENT NO. ______. Amend House Bill 3832 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 12-7.1 and 21-3 as follows:
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6 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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7 | Sec. 12-7.1. Hate crime.
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8 | (a) A person commits hate crime when, by reason of the | ||||||
9 | actual or
perceived race, color, creed, religion, ancestry, | ||||||
10 | gender, sexual orientation,
physical or mental disability, or | ||||||
11 | national origin of another individual or
group of individuals, | ||||||
12 | regardless of the existence of any other motivating
factor or | ||||||
13 | factors, he commits assault, battery, aggravated assault, | ||||||
14 | misdemeanor
theft, criminal trespass to residence, misdemeanor | ||||||
15 | criminal damage
to property, criminal trespass to vehicle, | ||||||
16 | criminal trespass to real property, aggravated criminal |
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1 | trespass to real property,
mob action, disorderly conduct, | ||||||
2 | harassment by telephone, or harassment through electronic
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3 | communications as these crimes are defined in Sections 12-1,
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4 | 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, | ||||||
5 | 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of | ||||||
6 | this Code,
respectively.
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7 | (b) Except as provided in subsection (b-5), hate crime is a | ||||||
8 | Class 4
felony for a first offense and a Class 2 felony for a | ||||||
9 | second or subsequent
offense.
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10 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||
11 | and a Class 2
felony for a second or subsequent offense if | ||||||
12 | committed:
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13 | (1) in a church, synagogue, mosque, or other building, | ||||||
14 | structure, or place
used for religious worship or other | ||||||
15 | religious purpose;
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16 | (2) in a cemetery, mortuary, or other facility used for | ||||||
17 | the purpose of
burial or memorializing the dead;
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18 | (3) in a school or other educational facility, | ||||||
19 | including an administrative facility or public or private | ||||||
20 | dormitory facility of or associated with the school or | ||||||
21 | other educational facility;
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22 | (4) in a public park or an ethnic or religious | ||||||
23 | community center;
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24 | (5) on the real property comprising any location | ||||||
25 | specified in
clauses (1) through (4) of this subsection | ||||||
26 | (b-5); or
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1 | (6) on a public way within 1,000 feet of the real | ||||||
2 | property comprising any
location specified in clauses (1) | ||||||
3 | through (4) of this subsection (b-5).
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4 | (b-10) Upon imposition of any sentence,
the trial
court | ||||||
5 | shall also either order restitution paid to the victim
or | ||||||
6 | impose a fine up to $1,000. In addition, any order of probation | ||||||
7 | or
conditional discharge entered following a conviction or an | ||||||
8 | adjudication of
delinquency shall include a condition that the | ||||||
9 | offender perform public or
community service of no less than | ||||||
10 | 200 hours if that service is established in
the county where | ||||||
11 | the offender was convicted of hate crime. In addition, any | ||||||
12 | order of probation or
conditional discharge entered following a | ||||||
13 | conviction or an adjudication of
delinquency shall include a | ||||||
14 | condition that the offender enroll in an educational program | ||||||
15 | discouraging hate crimes if the offender caused criminal damage
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16 | to property consisting of religious fixtures, objects, or | ||||||
17 | decorations. The educational program may be administered, as | ||||||
18 | determined by the court, by a university, college, community | ||||||
19 | college, non-profit organization, or the Holocaust and | ||||||
20 | Genocide Commission. Nothing in this subsection (b-10) | ||||||
21 | prohibits courses discouraging hate crimes from being made | ||||||
22 | available online. The court may also
impose any other condition | ||||||
23 | of probation or conditional discharge under this
Section.
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24 | (c) Independent of any criminal prosecution or the result
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25 | thereof, any
person suffering injury to his person or damage to | ||||||
26 | his property as a result
of hate crime may bring a civil action |
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1 | for damages, injunction
or other appropriate relief. The court | ||||||
2 | may award actual damages, including
damages for emotional | ||||||
3 | distress, or punitive damages. A judgment may include
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4 | attorney's fees and costs. The parents or legal guardians, | ||||||
5 | other than
guardians appointed pursuant to the Juvenile Court | ||||||
6 | Act or the Juvenile
Court Act of 1987, of an unemancipated | ||||||
7 | minor shall be liable for the amount
of any judgment for actual | ||||||
8 | damages rendered against such minor under this
subsection (c) | ||||||
9 | in any amount not exceeding the amount provided under
Section 5 | ||||||
10 | of the Parental Responsibility Law.
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11 | (d) "Sexual orientation" has the meaning ascribed to it in | ||||||
12 | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||||||
13 | Act.
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14 | (Source: P.A. 99-77, eff. 1-1-16 .)
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15 | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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16 | Sec. 21-3. Criminal trespass to real property ; aggravated | ||||||
17 | criminal trespass to real property .
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18 | (a) A person commits criminal trespass to real property | ||||||
19 | when he or she:
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20 | (1) knowingly and without lawful authority enters or | ||||||
21 | remains within or on
a building;
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22 | (2) enters upon the land of another, after receiving, | ||||||
23 | prior to the entry,
notice from the owner or occupant that | ||||||
24 | the entry is forbidden;
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25 | (3) remains upon the land of another, after receiving |
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1 | notice from the
owner or occupant to depart;
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2 | (3.5) presents false documents or falsely represents | ||||||
3 | his or her identity orally to the owner or occupant of a | ||||||
4 | building or land in order to obtain permission from the | ||||||
5 | owner or occupant to enter or remain in the building or on | ||||||
6 | the land; | ||||||
7 | (3.7) intentionally removes a notice posted on | ||||||
8 | residential real estate as required by subsection (l) of | ||||||
9 | Section 15-1505.8 of Article XV of the Code of Civil | ||||||
10 | Procedure before the date and time set forth in the notice; | ||||||
11 | or | ||||||
12 | (4) enters a field used or capable of being used for | ||||||
13 | growing crops, an enclosed area containing livestock, an | ||||||
14 | agricultural building containing livestock, or an orchard | ||||||
15 | in or on a motor vehicle (including an off-road vehicle, | ||||||
16 | motorcycle, moped, or any other powered two-wheel vehicle) | ||||||
17 | after receiving, prior to the entry, notice from the owner | ||||||
18 | or occupant that the entry is forbidden or remains upon or | ||||||
19 | in the area after receiving notice from the owner or | ||||||
20 | occupant to depart. | ||||||
21 | For purposes of item (1) of this subsection, this Section | ||||||
22 | shall not apply
to being in a building which is open to the | ||||||
23 | public while the building is open
to the public during its | ||||||
24 | normal hours of operation; nor shall this Section
apply to a | ||||||
25 | person who enters a public building under the reasonable belief | ||||||
26 | that
the building is still open to the public.
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1 | (a-5) A person commits aggravated criminal trespass to real | ||||||
2 | property when he or she knowingly enters upon the land of | ||||||
3 | another without permission of the owner or occupant with the | ||||||
4 | intent to take any game species regulated under the Wildlife | ||||||
5 | Code. | ||||||
6 | (b) A person has received notice from the owner or occupant | ||||||
7 | within the
meaning of subsection Subsection (a) if he or she | ||||||
8 | has been notified personally, either orally
or in writing | ||||||
9 | including a valid court order as defined by subsection (7)
of | ||||||
10 | Section 112A-3 of the Code of Criminal Procedure of 1963 | ||||||
11 | granting remedy
(2) of subsection (b) of Section 112A-14 of | ||||||
12 | that Code, or if a printed or
written notice forbidding such | ||||||
13 | entry has been conspicuously posted or
exhibited at the main | ||||||
14 | entrance to the land or the forbidden part thereof.
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15 | (b-5) Subject to the provisions of subsection (b-10), as an | ||||||
16 | alternative to the posting of real property as set forth in | ||||||
17 | subsection (b), the owner or lessee of any real property may | ||||||
18 | post the property by placing identifying purple marks on trees | ||||||
19 | or posts around the area to be posted. Each purple mark shall | ||||||
20 | be: | ||||||
21 | (1) A vertical line of at least 8 inches in length and | ||||||
22 | the bottom of the mark shall be no less than 3 feet nor | ||||||
23 | more than 5 feet high. Such marks shall be placed no more | ||||||
24 | than 100 feet apart and shall be readily visible to any | ||||||
25 | person approaching the property; or | ||||||
26 | (2) A post capped or otherwise marked on at least its |
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1 | top 2 inches. The bottom of the cap or mark shall be not | ||||||
2 | less than 3 feet but not more than 5 feet 6 inches high. | ||||||
3 | Posts so marked shall be placed not more than 36 feet apart | ||||||
4 | and shall be readily visible to any person approaching the | ||||||
5 | property. Prior to applying a cap or mark which is visible | ||||||
6 | from both sides of a fence shared by different property | ||||||
7 | owners or lessees, all such owners or lessees shall concur | ||||||
8 | in the decision to post their own property. | ||||||
9 | Nothing in this subsection (b-5) shall be construed to | ||||||
10 | authorize the owner or lessee of any real property to place any | ||||||
11 | purple marks on any tree or post or to install any post or | ||||||
12 | fence if doing so would violate any applicable law, rule, | ||||||
13 | ordinance, order, covenant, bylaw, declaration, regulation, | ||||||
14 | restriction, contract, or instrument. | ||||||
15 | (b-10) Any owner or lessee who marks his or her real | ||||||
16 | property using the method described in subsection (b-5) must | ||||||
17 | also provide notice as described in subsection (b) of this | ||||||
18 | Section. The public of this State shall be informed of the | ||||||
19 | provisions of subsection (b-5) of this Section by the Illinois | ||||||
20 | Department of Agriculture and the Illinois Department of | ||||||
21 | Natural Resources. These Departments shall conduct an | ||||||
22 | information campaign for the general public concerning the | ||||||
23 | interpretation and implementation of subsection (b-5). The | ||||||
24 | information shall inform the public about the marking | ||||||
25 | requirements and the applicability of subsection (b-5) | ||||||
26 | including information regarding the size requirements of the |
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1 | markings as well as the manner in which the markings shall be | ||||||
2 | displayed. The Departments shall also include information | ||||||
3 | regarding the requirement that, until the date this subsection | ||||||
4 | becomes inoperative, any owner or lessee who chooses to mark | ||||||
5 | his or her property using paint, must also comply with one of | ||||||
6 | the notice requirements listed in subsection (b). The | ||||||
7 | Departments may prepare a brochure or may disseminate the | ||||||
8 | information through agency websites. Non-governmental | ||||||
9 | organizations including, but not limited to, the Illinois | ||||||
10 | Forestry Association, Illinois Tree Farm and the Walnut Council | ||||||
11 | may help to disseminate the information regarding the | ||||||
12 | requirements and applicability of subsection (b-5) based on | ||||||
13 | materials provided by the Departments. This subsection (b-10) | ||||||
14 | is inoperative on and after January 1, 2013.
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15 | (b-15) Subsections (b-5) and (b-10) do not apply to real | ||||||
16 | property located in a municipality of over 2,000,000 | ||||||
17 | inhabitants. | ||||||
18 | (c) This Section does not apply to any person, whether a | ||||||
19 | migrant worker
or otherwise, living on the land with permission | ||||||
20 | of the owner or of his
or her agent having apparent authority | ||||||
21 | to hire workers on this land and assign
them living quarters or | ||||||
22 | a place of accommodations for living thereon, nor
to anyone | ||||||
23 | living on the land at the request of, or by occupancy, leasing
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24 | or other agreement or arrangement with the owner or his or her | ||||||
25 | agent, nor to
anyone invited by the migrant worker or other | ||||||
26 | person so living on the
land to visit him or her at the place he |
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1 | is so living upon the land.
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2 | (d) A person shall be exempt from prosecution under this | ||||||
3 | Section if
he or she beautifies unoccupied and abandoned | ||||||
4 | residential and industrial properties
located within any | ||||||
5 | municipality. For the purpose of this subsection,
"unoccupied | ||||||
6 | and abandoned residential and industrial property" means any
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7 | real estate (1) in which the taxes have not been paid for a | ||||||
8 | period of at
least 2 years; and (2) which has been left | ||||||
9 | unoccupied and abandoned for a
period of at least one year; and | ||||||
10 | "beautifies" means to landscape, clean up
litter, or to repair | ||||||
11 | dilapidated conditions on or to board up windows
and doors.
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12 | (e) No person shall be liable in any civil action for money | ||||||
13 | damages
to the owner of unoccupied and abandoned residential | ||||||
14 | and industrial property
which that person beautifies pursuant | ||||||
15 | to subsection (d) of this Section.
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16 | (e-5) Mortgagee or agent of the mortgagee exceptions. | ||||||
17 | (1) A mortgagee or agent of the mortgagee shall be | ||||||
18 | exempt from prosecution for criminal trespass for | ||||||
19 | entering, securing, or maintaining an abandoned | ||||||
20 | residential property. | ||||||
21 | (2) No mortgagee or agent of the mortgagee shall be | ||||||
22 | liable to the mortgagor or other owner of an abandoned | ||||||
23 | residential property in any civil action for negligence or | ||||||
24 | civil trespass in connection with entering, securing, or | ||||||
25 | maintaining the abandoned residential property. | ||||||
26 | (3) For the purpose of this subsection (e-5) only, |
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1 | "abandoned residential property" means mortgaged real | ||||||
2 | estate that the mortgagee or agent of the mortgagee | ||||||
3 | determines in good faith meets the definition of abandoned | ||||||
4 | residential property set forth in Section 15-1200.5 of | ||||||
5 | Article XV of the Code of Civil Procedure. | ||||||
6 | (f) This Section does not prohibit a person from entering a | ||||||
7 | building or
upon the land of another for emergency purposes. | ||||||
8 | For purposes of this
subsection (f), "emergency" means a | ||||||
9 | condition or circumstance in which an
individual is or is | ||||||
10 | reasonably believed by the person to be in imminent danger
of | ||||||
11 | serious bodily harm or in which property is or is reasonably | ||||||
12 | believed to be
in imminent danger of damage or destruction.
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13 | (g) Paragraph (3.5) of subsection (a) does not apply to a | ||||||
14 | peace officer or other official of a unit of government who | ||||||
15 | enters a building or land in the performance of his or her | ||||||
16 | official duties.
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17 | (h) Sentence. A violation of subdivision (a)(1), (a)(2), | ||||||
18 | (a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of | ||||||
19 | subdivision (a)(4) is a Class A misdemeanor. A violation of | ||||||
20 | subsection (a-5) is a Class A misdemeanor. | ||||||
21 | (i) Civil liability. A person may be liable in any civil | ||||||
22 | action for money damages to the owner of the land he or she | ||||||
23 | entered upon with a motor vehicle as prohibited under paragraph | ||||||
24 | (4) of subsection (a) of this Section. A person may also be | ||||||
25 | liable to the owner for court costs and reasonable attorney's | ||||||
26 | fees. The measure of damages shall be: (i) the actual damages, |
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1 | but not less than $250, if the vehicle is operated in a nature | ||||||
2 | preserve or registered area as defined in Sections 3.11 and | ||||||
3 | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice | ||||||
4 | the actual damages if the owner has previously notified the | ||||||
5 | person to cease trespassing; or (iii) in any other case, the | ||||||
6 | actual damages, but not less than $50. If the person operating | ||||||
7 | the vehicle is under the age of 16, the owner of the vehicle | ||||||
8 | and the parent or legal guardian of the minor are jointly and | ||||||
9 | severally liable. For the purposes of this subsection (i): | ||||||
10 | "Land" includes, but is not limited to, land used for | ||||||
11 | crop land, fallow land, orchard, pasture, feed lot, timber | ||||||
12 | land, prairie land, mine spoil nature preserves and | ||||||
13 | registered areas. "Land" does not include driveways or | ||||||
14 | private roadways upon which the owner allows the public to | ||||||
15 | drive.
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16 | "Owner" means the person who has the right to | ||||||
17 | possession of the land, including the owner, operator or | ||||||
18 | tenant.
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19 | "Vehicle" has the same meaning as provided under | ||||||
20 | Section 1-217 of the Illinois Vehicle Code.
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21 | (j) This Section does not apply to the following persons | ||||||
22 | while serving process: | ||||||
23 | (1) a person authorized to serve process under Section | ||||||
24 | 2-202 of the Code of Civil Procedure; or | ||||||
25 | (2) a special process server appointed by the circuit | ||||||
26 | court. |
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1 | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; | ||||||
2 | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. | ||||||
3 | 6-1-13 .)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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