100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4961

 

Introduced , by Rep. Litesa E. Wallace

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1.3

    Amends the Criminal Code of 2012. Provides that criminal defacement of property is a Class 3 (rather than a Class 4) felony when the aggregate value of the damage to property does not exceed $500 and the property damaged is a place of worship. Criminal defacement of property is a Class 2 (rather than a Class 3) felony when the aggregate value of the damage to property exceeds $500 and the property damaged is a place of worship.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4961LRB100 16852 RLC 31993 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 21-1.3 as follows:
 
6    (720 ILCS 5/21-1.3)
7    Sec. 21-1.3. Criminal defacement of property.
8    (a) A person commits criminal defacement of property when
9the person knowingly damages the property of another by
10defacing, deforming, or otherwise damaging the property by the
11use of paint or any other similar substance, or by the use of a
12writing instrument, etching tool, or any other similar device.
13It is an affirmative defense to a violation of this Section
14that the owner of the property damaged consented to such
15damage.
16    (b) Sentence.
17    (1) Criminal defacement of property is a Class A
18misdemeanor for a first offense when the aggregate value of the
19damage to the property does not exceed $500. Criminal
20defacement of property is a Class 4 felony when the aggregate
21value of the damage to property does not exceed $500 and the
22property damaged is a school building or place of worship or
23property which memorializes or honors an individual or group of

 

 

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1police officers, fire fighters, members of the United States
2Armed Forces or National Guard, or veterans. Criminal
3defacement of property, other than when the property damaged is
4a school building, place of worship, or property which
5memorializes or honors an individual or group of police
6officers, fire fighters, members of the United States Armed
7Forces or National Guard, or veterans is a Class 4 felony for a
8second or subsequent conviction or when the aggregate value of
9the damage to the property exceeds $500. Criminal defacement of
10property is a Class 3 felony when the aggregate value of the
11damage to property exceeds $500 and the property damaged is a
12school building or place of worship or property which
13memorializes or honors an individual or group of police
14officers, fire fighters, members of the United States Armed
15Forces or National Guard, or veterans. Criminal defacement of
16property is a Class 3 felony when the aggregate value of the
17damage to property does not exceed $500 and the property
18damaged is a place of worship. Criminal defacement of property
19is a Class 2 felony when the aggregate value of the damage to
20property exceeds $500 and the property damaged is a place of
21worship.
22    (2) In addition to any other sentence that may be imposed
23for a violation of this Section, a person convicted of criminal
24defacement of property shall:
25        (A) pay the actual costs incurred by the property owner
26    or the unit of government to abate, remediate, repair, or

 

 

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1    remove the effect of the damage to the property. To the
2    extent permitted by law, reimbursement for the costs of
3    abatement, remediation, repair, or removal shall be
4    payable to the person who incurred the costs; and
5        (B) if convicted of criminal defacement of property
6    that is chargeable as a Class 3 or Class 4 felony, pay a
7    mandatory minimum fine of $500.
8    (3) In addition to any other sentence that may be imposed,
9a court shall order any person convicted of criminal defacement
10of property to perform community service for not less than 30
11and not more than 120 hours, if community service is available
12in the jurisdiction. The community service shall include, but
13need not be limited to, the cleanup and repair of the damage to
14property that was caused by the offense, or similar damage to
15property located in the municipality or county in which the
16offense occurred. When the property damaged is a school
17building, the community service may include cleanup, removal,
18or painting over the defacement. In addition, whenever any
19person is placed on supervision for an alleged offense under
20this Section, the supervision shall be conditioned upon the
21performance of the community service.
22    (4) For the purposes of this subsection (b), aggregate
23value shall be determined by adding the value of the damage to
24one or more properties if the offenses were committed as part
25of a single course of conduct.
26(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13;

 

 

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198-756, eff. 7-16-14; 99-631, eff. 1-1-17.)