SB3008 94TH GENERAL ASSEMBLY

LRB094 18885 RLC 54329 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3008

Introduced 1/20/2006, by Sen. Gary G. Dahl - Peter J. Roskam - Wendell E. Jones

SYNOPSIS AS INTRODUCED:

720 ILCS 5/21-1.3

Amends the Criminal Code of 1961. Increases the penalties for criminal defacement of property by one class if the damage to the property was streetgang related.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 21-1.3 as follows:

(720 ILCS 5/21-1.3)

Sec. 21-1.3. Criminal defacement of property.

(a) A person commits criminal defacement of property when the person knowingly damages the property of another without his or her consent by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device.

(b) Criminal defacement of property is a Class A misdemeanor for a first offense if the damage to the property does not exceed $300. Criminal defacement of property is a Class 4 felony for a first offense if the damage to property does not exceed $300 and the damage to property is streetgang related. Criminal defacement of property is a Class 4 felony if the damage to property does not exceed $300 and the property damaged is a school building or place of worship. Criminal defacement of property is a Class 3 felony if the damage to property does not exceed $300, the property damaged is a school building or place of worship, and the damage to property is streetgang related. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or if the damage to the property exceeds $300. Criminal defacement of property is a Class 3 felony for a second or subsequent conviction if the damage to property is streetgang related or if the damage to the property exceeds $300 and the damage to property is streetgang related. Criminal defacement of property is a Class 3 felony if the damage to property exceeds $300 and the property damaged is a school building or place of worship. Criminal defacement of property is a Class 2 felony if the damage to property exceeds $300, the property damaged is a school building or place of worship, and the damage to property is streetgang related. In addition to any other sentence that may be imposed for a violation of this Section that is chargeable as a Class 2, Class 3, or Class 4 felony, a person convicted of criminal defacement of property shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred by the property owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. To the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs. In addition to any other sentence that may be imposed, a court shall order any person convicted of criminal defacement of property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage to property that was caused by the offense, or similar damage to property located in the municipality or county in which the offense occurred. If the property damaged is a school building, the community service may include cleanup, removal, or painting over the defacement. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

(c) In this Section, "streetgang related" has the meaning ascribed to it in Section 10 of the Streetgang Terrorism Omnibus Prevention Act.

(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; 91-931, eff. 6-1-01.)