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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1914 Introduced 2/10/2011, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/21-3 | from Ch. 38, par. 21-3 |
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Amends the Criminal Code of 1961 relating to criminal trespass to real property. Provides that notice that entry to the property is forbidden may be posted by the owner or lessee of the property by placing identifying purple marks on trees or posts around the area to be posted. Prescribes the requirements for the purple marks. Provides that 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. Effective immediately.
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| | A BILL FOR |
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| | SB1914 | | LRB097 08157 RLC 48280 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 21-3 as follows:
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| 6 | | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
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| 7 | | Sec. 21-3. Criminal trespass to real property.
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| 8 | | (a) Except as provided in subsection (a-5), whoever:
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| 9 | | (1) knowingly and without lawful authority enters or |
| 10 | | remains within or on
a building; or
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| 11 | | (2) enters upon the land of another, after receiving, |
| 12 | | prior to such entry,
notice from the owner or occupant that |
| 13 | | such entry is forbidden; or
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| 14 | | (3) remains upon the land of another, after receiving |
| 15 | | notice from the
owner or occupant to depart;
or
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| 16 | | (3.5) presents false documents or falsely represents |
| 17 | | his or her identity orally to the owner or occupant of a |
| 18 | | building or land in order to obtain permission from the |
| 19 | | owner or occupant to enter or remain in the building or on |
| 20 | | the land; |
| 21 | | commits a Class B misdemeanor. |
| 22 | | For purposes of item (1) of this subsection, this Section |
| 23 | | shall not apply
to being in a building which is open to the |
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| 1 | | public while the building is open
to the public during its |
| 2 | | normal hours of operation; nor shall this Section
apply to a |
| 3 | | person who enters a public building under the reasonable belief |
| 4 | | that
the building is still open to the public.
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| 5 | | (a-5) Except as otherwise provided in this subsection, |
| 6 | | whoever enters upon
any of
the following areas in or on a motor |
| 7 | | vehicle (including an off-road vehicle,
motorcycle,
moped, or |
| 8 | | any other powered two-wheel vehicle) after receiving, prior to |
| 9 | | that
entry,
notice from the owner or occupant that the entry is |
| 10 | | forbidden or remains upon
or in the
area after receiving notice |
| 11 | | from the owner or occupant to depart commits a
Class A
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| 12 | | misdemeanor:
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| 13 | | (1) A field that is used for growing crops or that is |
| 14 | | capable of being
used
for
growing crops.
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| 15 | | (2) An enclosed area containing livestock.
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| 16 | | (3) An orchard.
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| 17 | | (4) A barn or other agricultural building containing |
| 18 | | livestock.
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| 19 | | (b) A person has received notice from the owner or occupant |
| 20 | | within the
meaning of Subsection (a) if he has been notified |
| 21 | | personally, either orally
or in writing including a valid court |
| 22 | | order as defined by subsection (7)
of Section 112A-3 of the |
| 23 | | Code of Criminal Procedure of 1963 granting remedy
(2) of |
| 24 | | subsection (b) of Section 112A-14 of that Code, or if a printed |
| 25 | | or
written notice forbidding such entry has been conspicuously |
| 26 | | posted or
exhibited at the main entrance to such land or the |
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| 1 | | forbidden part thereof.
In addition to the posting of real |
| 2 | | property as set forth in this subsection (b), the owner or |
| 3 | | lessee of any real property may post the property by placing |
| 4 | | identifying purple marks on trees or posts around the area to |
| 5 | | be posted. Each purple mark shall be: |
| 6 | | (1) A vertical line of at least 8 inches in length and the |
| 7 | | bottom of the mark shall be no less than 3 feet nor more than 5 |
| 8 | | feet high. Such marks shall be placed no more than 100 feet |
| 9 | | apart and shall be readily visible to any person approaching |
| 10 | | the property; or |
| 11 | | (2) A post capped or otherwise marked on at least its top 2 |
| 12 | | inches. The bottom of the cap or mark shall be not less than 3 |
| 13 | | feet but not more than 5 feet 6 inches high. Posts so marked |
| 14 | | shall be placed not more than 36 feet apart and shall be |
| 15 | | readily visible to any person approaching the property. Prior |
| 16 | | to applying a cap or mark which is visible from both sides of a |
| 17 | | fence shared by different property owners or lessees, all such |
| 18 | | owners or lessees shall concur in the decision to post their |
| 19 | | own property.
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| 20 | | (c) This Section does not apply to any person, whether a |
| 21 | | migrant worker
or otherwise, living on the land with permission |
| 22 | | of the owner or of his
agent having apparent authority to hire |
| 23 | | workers on such land and assign
them living quarters or a place |
| 24 | | of accommodations for living thereon, nor
to anyone living on |
| 25 | | such land at the request of, or by occupancy, leasing
or other |
| 26 | | agreement or arrangement with the owner or his agent, nor to
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| 1 | | anyone invited by such migrant worker or other person so living |
| 2 | | on such
land to visit him at the place he is so living upon the |
| 3 | | land.
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| 4 | | (d) A person shall be exempt from prosecution under this |
| 5 | | Section if
he beautifies unoccupied and abandoned residential |
| 6 | | and industrial properties
located within any municipality. For |
| 7 | | the purpose of this subsection,
"unoccupied and abandoned |
| 8 | | residential and industrial property" means any
real estate (1) |
| 9 | | in which the taxes have not been paid for a period of at
least 2 |
| 10 | | years; and (2) which has been left unoccupied and abandoned for |
| 11 | | a
period of at least one year; and "beautifies" means to |
| 12 | | landscape, clean up
litter, or to repair dilapidated conditions |
| 13 | | on or to board up windows
and doors.
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| 14 | | (e) No person shall be liable in any civil action for money |
| 15 | | damages
to the owner of unoccupied and abandoned residential |
| 16 | | and industrial property
which that person beautifies pursuant |
| 17 | | to subsection (d) of this Section.
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| 18 | | (f) This Section does not prohibit a person from entering a |
| 19 | | building or
upon the land of another for emergency purposes. |
| 20 | | For purposes of this
subsection (f), "emergency" means a |
| 21 | | condition or circumstance in which an
individual is or is |
| 22 | | reasonably believed by the person to be in imminent danger
of |
| 23 | | serious bodily harm or in which property is or is reasonably |
| 24 | | believed to be
in imminent danger of damage or destruction.
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| 25 | | (g) Paragraph (3.5) of subsection (a) does not apply to a |
| 26 | | peace officer or other official of a unit of government who |
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| 1 | | enters a building or land in the performance of his or her |
| 2 | | official duties.
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| 3 | | (h) A person may be liable in any civil action for money |
| 4 | | damages to the owner of the land he or she entered upon with a |
| 5 | | motor vehicle as prohibited under subsection (a-5) of this |
| 6 | | Section. A person may also be liable to the owner for court |
| 7 | | costs and reasonable attorney's fees. The measure of damages |
| 8 | | shall be: (i) the actual damages, but not less than $250, if |
| 9 | | the vehicle is operated in a nature preserve or registered area |
| 10 | | as defined in Sections 3.11 and 3.14 of the Illinois Natural |
| 11 | | Areas Preservation Act; (ii) twice the actual damages if the |
| 12 | | owner has previously notified the person to cease trespassing; |
| 13 | | or (iii) in any other case, the actual damages, but not less |
| 14 | | than $50. If the person operating the vehicle is under the age |
| 15 | | of 16, the owner of the vehicle and the parent or legal |
| 16 | | guardian of the minor are jointly and severally liable. For the |
| 17 | | purposes of this subsection (h): |
| 18 | | "Land" includes, but is not limited to, land used for |
| 19 | | crop land, fallow land, orchard, pasture, feed lot, timber |
| 20 | | land, prairie land, mine spoil nature preserves and |
| 21 | | registered areas. "Land" does not include driveways or |
| 22 | | private roadways upon which the owner allows the public to |
| 23 | | drive.
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| 24 | | "Owner" means the person who has the right to |
| 25 | | possession of the land, including the owner, operator or |
| 26 | | tenant.
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