Bill Text: IL SB1914 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0477 [SB1914 Detail]

Download: Illinois-2011-SB1914-Enrolled.html

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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

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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

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forbidden part thereof.
(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,

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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)

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is inoperative on and after January 1, 2013.
(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
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

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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

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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.
(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.