State of Illinois
91st General Assembly
Legislation

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91_HB3221eng

 
HB3221 Engrossed                               LRB9110271RCpk

 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 if the damage to property does not exceed $300
19    and the property damaged is a school  building  or  place  of
20    worship.  Criminal defacement of property is a Class 4 felony
21    for a second or subsequent conviction or if the damage to the
22    property  exceeds  $300. Criminal defacement of property is a
23    Class 3 felony if the damage to property exceeds $300 and the
24    property damaged is a school building or place of worship. In
25    addition to any other sentence that may be imposed, a  person
26    convicted  of  criminal defacement of property shall be fined
27    $500 plus the actual costs incurred by the property owner  or
28    the unit of government to abate, remediate, repair, or remove
29    the  effect  of  the  damage  to the property.  To the extent
30    permitted by law, reimbursement for the costs  of  abatement,
31    remediation,  repair,  or  removal  shall  be  payable to the
 
HB3221 Engrossed            -2-                LRB9110271RCpk
 1    person who incurred the  costs.  In  addition  to  any  other
 2    sentence  that may be imposed, a court shall order any person
 3    convicted of  criminal  defacement  of  property  to  perform
 4    community  service for not less than 30 and not more than 120
 5    hours, if community service is available in the jurisdiction.
 6    The community service shall include, but need not be  limited
 7    to, the cleanup and repair of the damage to property that was
 8    caused  by the offense, or similar damage to property located
 9    in the municipality or county in which the offense  occurred.
10    If  the  property damaged is a school building, the community
11    service may include cleanup, removal, or  painting  over  the
12    defacement.  In  addition,  whenever  any person is placed on
13    supervision for an alleged offense under  this  Section,  the
14    supervision  shall be conditioned upon the performance of the
15    community service.
16    (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99.)

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