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| | SB3538 Engrossed | | LRB098 19359 RLC 55393 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 2012 is amended by changing |
| 5 | | Section 21-5 as follows:
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| 6 | | (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
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| 7 | | Sec. 21-5. Criminal
Trespass to State Supported Land.
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| 8 | | (a) A person commits criminal trespass to State supported |
| 9 | | land when he or she enters upon land supported in whole or in |
| 10 | | part with State
funds, or federal funds administered or granted |
| 11 | | through State agencies or
any building on the land, after |
| 12 | | receiving, prior to the
entry, notice from the State or its |
| 13 | | representative that the entry is
forbidden, or remains upon the |
| 14 | | land or in the building after receiving
notice from the State |
| 15 | | or its representative to depart, and who thereby
interferes |
| 16 | | with another person's lawful use or enjoyment of the building
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| 17 | | or land.
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| 18 | | A person has received notice from the State within the |
| 19 | | meaning of
this subsection if he or she has been notified |
| 20 | | personally, either orally or in
writing, or if a printed or |
| 21 | | written notice forbidding entry to him or her or
a group of |
| 22 | | which he or she is a part, has been conspicuously posted or |
| 23 | | exhibited
at the main entrance to the land or the forbidden |
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| 1 | | part thereof. |
| 2 | | (a-5) A person commits criminal trespass to State supported |
| 3 | | land when he or she enters upon a right of way, including |
| 4 | | facilities and improvements thereon, owned, leased, or |
| 5 | | otherwise used by a public body or district organized under the |
| 6 | | Metropolitan Transit Authority Act, the Local Mass Transit |
| 7 | | District Act, or the Regional Transportation Authority Act, |
| 8 | | after receiving, prior to the entry, notice from the public |
| 9 | | body or district, or its representative, that the entry is |
| 10 | | forbidden, or the person remains upon the right of way after |
| 11 | | receiving notice from the public body or district, or its |
| 12 | | representative, to depart, and in either of these instances |
| 13 | | intends to compromise public safety by causing a delay in |
| 14 | | transit service lasting more than 15 minutes or destroying |
| 15 | | property. |
| 16 | | A person has received notice from the public body or |
| 17 | | district within the meaning of this subsection if he or she has |
| 18 | | been notified personally, either orally or in writing, or if a |
| 19 | | printed or written notice forbidding entry to him or her has |
| 20 | | been conspicuously posted or exhibited at any point of entrance |
| 21 | | to the right of way or the forbidden part of the right of way. |
| 22 | | As used in this subsection (a-5), "right of way" has the |
| 23 | | meaning ascribed to it in Section 18c-7502 of the Illinois |
| 24 | | Vehicle Code. |
| 25 | | (b) A person commits criminal trespass to State supported |
| 26 | | land when he or she enters upon land supported in whole or in |
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| 1 | | part with State
funds, or federal funds administered or granted |
| 2 | | through State agencies or
any building on the land by |
| 3 | | presenting false documents or falsely representing his or her |
| 4 | | identity orally to the State or its representative in order to |
| 5 | | obtain permission from the State or its representative to enter |
| 6 | | the building or land; or remains upon the land or in the |
| 7 | | building by presenting false documents or falsely representing |
| 8 | | his or her identity orally to the State or its representative |
| 9 | | in order to remain upon the land or in the building, and who |
| 10 | | thereby
interferes with another person's lawful use or |
| 11 | | enjoyment of the building
or land. |
| 12 | | This subsection does not apply to a peace officer or other |
| 13 | | official of a unit of government who enters upon land supported |
| 14 | | in whole or in part with State
funds, or federal funds |
| 15 | | administered or granted through State agencies or
any building |
| 16 | | on the land in the performance of his or her official duties.
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| 17 | | (c) Sentence. Criminal trespass to State supported land is |
| 18 | | a Class A misdemeanor, except a violation of subsection (a-5) |
| 19 | | of this Section is a Class A misdemeanor for a first violation |
| 20 | | and a Class 4 felony for a second or subsequent violation. |
| 21 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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