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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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