Public Act 097-0477

SB1914 Enrolled LRB097 08157 RLC 48280 b

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.

(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.

(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

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.

(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.