98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4103

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1.2  from Ch. 38, par. 21-1.2

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the offense of institutional vandalism.


LRB098 15661 RLC 50692 b

 

 

A BILL FOR

 

HB4103LRB098 15661 RLC 50692 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 21-1.2 as follows:
 
6    (720 ILCS 5/21-1.2)  (from Ch. 38, par. 21-1.2)
7    Sec. 21-1.2. Institutional vandalism.
8    (a) A person commits institutional vandalism when, by
9reason of the the actual or perceived race, color, creed,
10religion or national origin of another individual or group of
11individuals, regardless of the existence of any other
12motivating factor or factors, he or she knowingly and without
13consent inflicts damage to any of the following properties:
14        (1) A church, synagogue, mosque, or other building,
15    structure or place used for religious worship or other
16    religious purpose;
17        (2) A cemetery, mortuary, or other facility used for
18    the purpose of burial or memorializing the dead;
19        (3) A school, educational facility or community
20    center;
21        (4) The grounds adjacent to, and owned or rented by,
22    any institution, facility, building, structure or place
23    described in paragraphs (1), (2) or (3) of this subsection

 

 

HB4103- 2 -LRB098 15661 RLC 50692 b

1    (a); or
2        (5) Any personal property contained in any
3    institution, facility, building, structure or place
4    described in paragraphs (1), (2) or (3) of this subsection
5    (a).
6    (b) Sentence.
7         (1) Institutional vandalism is a Class 3 felony when
8    the damage to the property does not exceed $300.
9    Institutional vandalism is a Class 2 felony when the damage
10    to the property exceeds $300. Institutional vandalism is a
11    Class 2 felony for any second or subsequent offense.
12        (2) Upon imposition of any sentence, the trial court
13    shall also either order restitution paid to the victim or
14    impose a fine up to $1,000. In addition, any order of
15    probation or conditional discharge entered following a
16    conviction or an adjudication of delinquency shall include
17    a condition that the offender perform public or community
18    service of no less than 200 hours if that service is
19    established in the county where the offender was convicted
20    of institutional vandalism. The court may also impose any
21    other condition of probation or conditional discharge
22    under this Section.
23    (c) Independent of any criminal prosecution or the result
24of that prosecution, a person suffering damage to property or
25injury to his or her person as a result of institutional
26vandalism may bring a civil action for damages, injunction or

 

 

HB4103- 3 -LRB098 15661 RLC 50692 b

1other appropriate relief. The court may award actual damages,
2including damages for emotional distress, or punitive damages.
3A judgment may include attorney's fees and costs. The parents
4or legal guardians of an unemancipated minor, other than
5guardians appointed under the Juvenile Court Act or the
6Juvenile Court Act of 1987, shall be liable for the amount of
7any judgment for actual damages rendered against the minor
8under this subsection in an amount not exceeding the amount
9provided under Section 5 of the Parental Responsibility Law.
10(Source: P.A. 97-1108, eff. 1-1-13.)