Sen. Martin A. Sandoval

Filed: 4/4/2014

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1
AMENDMENT TO SENATE BILL 3538
2 AMENDMENT NO. ______. Amend Senate Bill 3538, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5 "Section 5. The Criminal Code of 2012 is amended by
6changing Section 21-5 as follows:
7 (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
8 Sec. 21-5. Criminal Trespass to State Supported Land.
9 (a) A person commits criminal trespass to State supported
10land when he or she enters upon land supported in whole or in
11part with State funds, or federal funds administered or granted
12through State agencies or any building on the land, after
13receiving, prior to the entry, notice from the State or its
14representative that the entry is forbidden, or remains upon the
15land or in the building after receiving notice from the State
16or its representative to depart, and who thereby interferes

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1with another person's lawful use or enjoyment of the building
2or land.
3 A person has received notice from the State within the
4meaning of this subsection if he or she has been notified
5personally, either orally or in writing, or if a printed or
6written notice forbidding entry to him or her or a group of
7which he or she is a part, has been conspicuously posted or
8exhibited at the main entrance to the land or the forbidden
9part thereof.
10 (a-5) A person commits criminal trespass to State supported
11land when he or she enters upon a right of way, including
12facilities and improvements thereon, owned, leased, or
13otherwise used by a public body or district organized under the
14Metropolitan Transit Authority Act, the Local Mass Transit
15District Act, or the Regional Transportation Authority Act,
16after receiving, prior to the entry, notice from the public
17body or district, or its representative, that the entry is
18forbidden, or the person remains upon the right of way after
19receiving notice from the public body or district, or its
20representative, to depart, and in either of these instances
21intends to compromise public safety by causing a delay in
22transit service lasting more than 15 minutes or destroying
23property.
24 A person has received notice from the public body or
25district within the meaning of this subsection if he or she has
26been notified personally, either orally or in writing, or if a

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1printed or written notice forbidding entry to him or her has
2been conspicuously posted or exhibited at any point of entrance
3to the right of way or the forbidden part of the right of way.
4 As used in this subsection (a-5), "right of way" has the
5meaning ascribed to it in Section 18c-7502 of the Illinois
6Vehicle Code.
7 (b) A person commits criminal trespass to State supported
8land when he or she enters upon land supported in whole or in
9part with State funds, or federal funds administered or granted
10through State agencies or any building on the land by
11presenting false documents or falsely representing his or her
12identity orally to the State or its representative in order to
13obtain permission from the State or its representative to enter
14the building or land; or remains upon the land or in the
15building by presenting false documents or falsely representing
16his or her identity orally to the State or its representative
17in order to remain upon the land or in the building, and who
18thereby interferes with another person's lawful use or
19enjoyment of the building or land.
20 This subsection does not apply to a peace officer or other
21official of a unit of government who enters upon land supported
22in whole or in part with State funds, or federal funds
23administered or granted through State agencies or any building
24on the land in the performance of his or her official duties.
25 (c) Sentence. Criminal trespass to State supported land is
26a Class A misdemeanor, except a violation of subsection (a-5)

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1of this Section is a Class A misdemeanor for a first violation
2and a Class 4 felony for a second or subsequent violation.
3(Source: P.A. 97-1108, eff. 1-1-13.)".