Sen. Kwame Raoul

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2231

2    AMENDMENT NO. ______. Amend Senate Bill 2231 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 21-1 and 21-1.3 as follows:
 
6    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
7    Sec. 21-1. Criminal damage to property.
8    (a) A person commits criminal damage to property when he or
9she:
10        (1) knowingly damages any property of another;
11        (2) recklessly by means of fire or explosive damages
12    property of another;
13        (3) knowingly starts a fire on the land of another;
14        (4) knowingly injures a domestic animal of another
15    without his or her consent;
16        (5) knowingly deposits on the land or in the building

 

 

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1    of another any stink bomb or any offensive smelling
2    compound and thereby intends to interfere with the use by
3    another of the land or building;
4        (6) knowingly damages any property, other than as
5    described in paragraph (2) of subsection (a) of Section
6    20-1, with intent to defraud an insurer;
7        (7) knowingly shoots a firearm at any portion of a
8    railroad train;
9        (8) knowingly, without proper authorization, cuts,
10    injures, damages, defaces, destroys, or tampers with any
11    fire hydrant or any public or private fire fighting
12    equipment, or any apparatus appertaining to fire fighting
13    equipment; or
14        (9) intentionally, without proper authorization, opens
15    any fire hydrant.
16    (b) When the charge of criminal damage to property
17exceeding a specified value is brought, the extent of the
18damage is an element of the offense to be resolved by the trier
19of fact as either exceeding or not exceeding the specified
20value.
21    (c) It is an affirmative defense to a violation of
22paragraph (1), (3), or (5) of subsection (a) of this Section
23that the owner of the property or land damaged consented to the
24damage.
25    (d) Sentence.
26        (1) A violation of subsection (a) shall have the

 

 

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1    following penalties:
2            (A) A violation of paragraph (8) or (9) is a Class
3        B misdemeanor.
4            (B) A violation of paragraph (1), (2), (3), (5), or
5        (6) is a Class A misdemeanor when the damage to
6        property does not exceed $300.
7             (C) A violation of paragraph (1), (2), (3), (5),
8        or (6) is a Class 4 felony when the damage to property
9        does not exceed $300 and the damage occurs to property
10        of a school or place of worship or to farm equipment or
11        immovable items of agricultural production, including
12        but not limited to grain elevators, grain bins, and
13        barns or property which memorializes or honors an
14        individual or group of police officers, fire fighters,
15        members of the United States Armed Forces, National
16        Guard, or veterans.
17             (D) A violation of paragraph (4) is a Class 4
18        felony when the damage to property does not exceed
19        $10,000.
20             (E) A violation of paragraph (7) is a Class 4
21        felony.
22             (F) A violation of paragraph (1), (2), (3), (5) or
23        (6) is a Class 4 felony when the damage to property
24        exceeds $300 but does not exceed $10,000.
25             (G) A violation of paragraphs (1) through (6) is a
26        Class 3 felony when the damage to property exceeds $300

 

 

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1        but does not exceed $10,000 and the damage occurs to
2        property of a school or place of worship or to farm
3        equipment or immovable items of agricultural
4        production, including but not limited to grain
5        elevators, grain bins, and barns or property which
6        memorializes or honors an individual or group of police
7        officers, fire fighters, members of the United States
8        Armed Forces, National Guard, or veterans.
9             (H) A violation of paragraphs (1) through (6) is a
10        Class 3 felony when the damage to property exceeds
11        $10,000 but does not exceed $100,000.
12             (I) A violation of paragraphs (1) through (6) is a
13        Class 2 felony when the damage to property exceeds
14        $10,000 but does not exceed $100,000 and the damage
15        occurs to property of a school or place of worship or
16        to farm equipment or immovable items of agricultural
17        production, including but not limited to grain
18        elevators, grain bins, and barns or property which
19        memorializes or honors an individual or group of police
20        officers, fire fighters, members of the United States
21        Armed Forces, National Guard, or veterans.
22             (J) A violation of paragraphs (1) through (6) is a
23        Class 2 felony when the damage to property exceeds
24        $100,000. A violation of paragraphs (1) through (6) is
25        a Class 1 felony when the damage to property exceeds
26        $100,000 and the damage occurs to property of a school

 

 

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1        or place of worship or to farm equipment or immovable
2        items of agricultural production, including but not
3        limited to grain elevators, grain bins, and barns or
4        property which memorializes or honors an individual or
5        group of police officers, fire fighters, members of the
6        United States Armed Forces, National Guard, or
7        veterans.
8        (2) When the damage to property exceeds $10,000, the
9    court shall impose upon the offender a fine equal to the
10    value of the damages to the property.
11        (3) In addition to any other sentence that may be
12    imposed, a court shall order any person convicted of
13    criminal damage to property to perform community service
14    for not less than 30 and not more than 120 hours, if
15    community service is available in the jurisdiction and is
16    funded and approved by the county board of the county where
17    the offense was committed. In addition, whenever any person
18    is placed on supervision for an alleged offense under this
19    Section, the supervision shall be conditioned upon the
20    performance of the community service.
21        The community service requirement does not apply when
22    the court imposes a sentence of incarceration.
23        (4) In addition to any criminal penalties imposed for a
24    violation of this Section, if a person is convicted of or
25    placed on supervision for knowingly damaging or destroying
26    crops of another, including crops intended for personal,

 

 

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1    commercial, research, or developmental purposes, the
2    person is liable in a civil action to the owner of any
3    crops damaged or destroyed for money damages up to twice
4    the market value of the crops damaged or destroyed.
5        (5) For the purposes of this subsection (d), "farm
6    equipment" means machinery or other equipment used in
7    farming.
8(Source: P.A. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
 
9    (720 ILCS 5/21-1.3)
10    Sec. 21-1.3. Criminal defacement of property.
11    (a) A person commits criminal defacement of property when
12the person knowingly damages the property of another by
13defacing, deforming, or otherwise damaging the property by the
14use of paint or any other similar substance, or by the use of a
15writing instrument, etching tool, or any other similar device.
16It is an affirmative defense to a violation of this Section
17that the owner of the property damaged consented to such
18damage.
19    (b) Sentence.
20    (1) Criminal defacement of property is a Class A
21misdemeanor for a first offense when the aggregate value of the
22damage to the property does not exceed $300. Criminal
23defacement of property is a Class 4 felony when the aggregate
24value of the damage to property does not exceed $300 and the
25property damaged is a school building or place of worship or

 

 

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1property which memorializes or honors an individual or group of
2police officers, fire fighters, members of the United States
3Armed Forces, National Guard, or veterans. Criminal defacement
4of property is a Class 4 felony for a second or subsequent
5conviction or when the aggregate value of the damage to the
6property exceeds $300. Criminal defacement of property is a
7Class 3 felony when the aggregate value of the damage to
8property exceeds $300 and the property damaged is a school
9building or place of worship or property which memorializes or
10honors an individual or group of police officers, fire
11fighters, members of the United States Armed Forces, National
12Guard, or veterans.
13    (2) In addition to any other sentence that may be imposed
14for a violation of this Section that is chargeable as a Class 3
15or Class 4 felony, a person convicted of criminal defacement of
16property shall be subject to a mandatory minimum fine of $500
17plus the actual costs incurred by the property owner or the
18unit of government to abate, remediate, repair, or remove the
19effect of the damage to the property. To the extent permitted
20by law, reimbursement for the costs of abatement, remediation,
21repair, or removal shall be payable to the person who incurred
22the costs.
23    (3) In addition to any other sentence that may be imposed,
24a court shall order any person convicted of criminal defacement
25of property to perform community service for not less than 30
26and not more than 120 hours, if community service is available

 

 

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1in the jurisdiction. The community service shall include, but
2need not be limited to, the cleanup and repair of the damage to
3property that was caused by the offense, or similar damage to
4property located in the municipality or county in which the
5offense occurred. When the property damaged is a school
6building, the community service may include cleanup, removal,
7or painting over the defacement. In addition, whenever any
8person is placed on supervision for an alleged offense under
9this Section, the supervision shall be conditioned upon the
10performance of the community service.
11    (4) For the purposes of this subsection (b), aggregate
12value shall be determined by adding the value of the damage to
13one or more properties if the offenses were committed as part
14of a single course of conduct.
15(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)".