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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1738eng HB1738 Engrossed LRB9104521KStm 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 21-1.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 21-1.3 as follows: 7 (720 ILCS 5/21-1.3) 8 Sec. 21-1.3. Criminal defacement of property. 9 (a) A person commits criminal defacement of property 10 when the person knowingly damages the property of another 11 without his or her consent by defacing, deforming, or 12 otherwise damaging the property by the use of paint or any 13 other similar substance, or by the use of a writing 14 instrument, etching tool, or any other similar device. 15 (b) Criminal defacement of property is a Class A 16 misdemeanor for a first offense if the damage to the property 17 does not exceed $300. Criminal defacement of property is a 18 Class 4 felony for a second or subsequent conviction or if 19 the damage to the property exceeds $300. Criminal defacement 20 of property is a Class 3 felony if the damage to property 21 exceeds $300 and the property damaged is a school building. 22 In addition to any other sentence that may be imposed, a 23 court shall order any person convicted of criminal defacement 24 of property to perform community service for not less than 30 25 and not more than 120 hours, if community service is 26 available in the jurisdiction. The community service shall 27 include, but need not be limited to, the cleanup and repair 28 of the damage to property that was caused by the offense, or 29 similar damage to property located in the municipality or 30 county in which the offense occurred. If the property damaged 31 is a school building, the community service may include HB1738 Engrossed -2- LRB9104521KStm 1 cleanup, removal, or painting over the defacement. In 2 addition, whenever any person is placed on supervision for an 3 alleged offense under this Section, the supervision shall be 4 conditioned upon the performance of the community service. 5 (c) Upon conviction of any person under 19 years of age 6 for a violation of this Section, the court may, as part of 7 the sentence for the conviction, sentence the person to a 8 suspension of all driving privileges for a period of up to 1 9 year. If the suspension of all driving privileges is part of 10 the sentence for the person, the clerk of the court shall, on 11 forms prescribed by the Secretary of State, send a report of 12 the conviction to the Secretary of State. The Secretary of 13 State shall, upon receipt of the report provided for in this 14 subsection (c), suspend all driving privileges of the person 15 under 19 years of age convicted for a violation of this 16 Section for a period of up to 1 year. 17 (Source: P.A. 90-685, eff. 1-1-99.)