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91_SB1382gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
June 30, 2000
To the Honorable Members of
The Illinois State Senate
91st General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980) and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 1382 entitled "AN ACT to amend the
Criminal Code of 1961 by changing Section 21-1.3," with my
specific recommendation for change.
Senate Bill 1382 provides that a person found guilty of a
felony violation of criminal defacement of property, in
addition to any other sentence that may be imposed, shall be
fined $500 plus the actual costs incurred by the property
owner for costs associated with repair, remediation,
abatement, or clean-up of the property. Hopefully, the
monetary fine and reimbursement costs in Senate Bill 1382
would act as another deterrent to the criminal act of
defacement of property. This bill also provides monetary
punishment to those involved in the crime, and provides
compensatory damages to the victim.
I support the intent of SB 1382. However, under current
law, a person convicted of a felony is subject to a fine of
up to $25,000. Under Senate Bill 1382, a person convicted of
a felony violation of criminal defacement of property would
be limited to paying a fine of $500 instead of a fine of up
to $25,000.
For this reason, I hereby return Senate Bill 1382 with
the following recommendation for change:
On page 1, by replacing line 28 with:
"property shall be subject to a mandatory minimum fine of
$500 plus the actual costs incurred"
With this change, Senate Bill 1382 will have my approval.
I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR