97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0102

 

Introduced 1/12/2011, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1  from Ch. 38, par. 21-1

    Amends the Criminal Code of 1961 relating to the offense of criminal damage to property. Defines "property of another" to mean a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property. Effective immediately.


LRB097 05569 RLC 45631 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0102LRB097 05569 RLC 45631 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 1961 is amended by changing
5Section 21-1 as follows:
 
6    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
7    Sec. 21-1. Criminal damage to property.
8    (1) A person commits an illegal act when he:
9        (a) knowingly damages any property of another; or
10        (b) recklessly by means of fire or explosive damages
11    property of another; or
12        (c) knowingly starts a fire on the land of another; or
13        (d) knowingly injures a domestic animal of another
14    without his consent; or
15        (e) knowingly deposits on the land or in the building
16    of another any stink bomb or any offensive smelling
17    compound and thereby intends to interfere with the use by
18    another of the land or building; or
19        (f) damages any property, other than as described in
20    subsection (b) of Section 20-1, with intent to defraud an
21    insurer; or
22        (g) knowingly shoots a firearm at any portion of a
23    railroad train.

 

 

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1    When the charge of criminal damage to property exceeding a
2specified value is brought, the extent of the damage is an
3element of the offense to be resolved by the trier of fact as
4either exceeding or not exceeding the specified value.
5    It is an affirmative defense to a violation of item (a),
6(c), or (e) of this Section that the owner of the property or
7land damaged consented to such damage.
8    For the purposes of this subsection (1), "property of
9another" means a building or other property, whether real or
10personal, in which a person other than the offender has an
11interest which the offender has no authority to defeat or
12impair, even though the offender may also have an interest in
13the building or property.
14    (2) The acts described in items (a), (b), (c), (e), and (f)
15are Class A misdemeanors if the damage to property does not
16exceed $300. The acts described in items (a), (b), (c), (e),
17and (f) are Class 4 felonies if the damage to property does not
18exceed $300 if the damage occurs to property of a school or
19place of worship or to farm equipment or immovable items of
20agricultural production, including but not limited to grain
21elevators, grain bins, and barns. The act described in item (d)
22is a Class 4 felony if the damage to property does not exceed
23$10,000. The act described in item (g) is a Class 4 felony. The
24acts described in items (a), (b), (c), (e), and (f) are Class 4
25felonies if the damage to property exceeds $300 but does not
26exceed $10,000. The acts described in items (a) through (f) are

 

 

HB0102- 3 -LRB097 05569 RLC 45631 b

1Class 3 felonies if the damage to property exceeds $300 but
2does not exceed $10,000 if the damage occurs to property of a
3school or place of worship or to farm equipment or immovable
4items of agricultural production, including but not limited to
5grain elevators, grain bins, and barns. The acts described in
6items (a) through (f) are Class 3 felonies if the damage to
7property exceeds $10,000 but does not exceed $100,000. The acts
8described in items (a) through (f) are Class 2 felonies if the
9damage to property exceeds $10,000 but does not exceed $100,000
10if the damage occurs to property of a school or place of
11worship or to farm equipment or immovable items of agricultural
12production, including but not limited to grain elevators, grain
13bins, and barns. The acts described in items (a) through (f)
14are Class 2 felonies if the damage to property exceeds
15$100,000. The acts described in items (a) through (f) are Class
161 felonies if the damage to property exceeds $100,000 and the
17damage occurs to property of a school or place of worship or to
18farm equipment or immovable items of agricultural production,
19including but not limited to grain elevators, grain bins, and
20barns. If the damage to property exceeds $10,000, the court
21shall impose upon the offender a fine equal to the value of the
22damages to the property.
23    For the purposes of this subsection (2), "farm equipment"
24means machinery or other equipment used in farming.
25    (3) In addition to any other sentence that may be imposed,
26a court shall order any person convicted of criminal damage to

 

 

HB0102- 4 -LRB097 05569 RLC 45631 b

1property to perform community service for not less than 30 and
2not more than 120 hours, if community service is available in
3the jurisdiction and is funded and approved by the county board
4of the county where the offense was committed. In addition,
5whenever any person is placed on supervision for an alleged
6offense under this Section, the supervision shall be
7conditioned upon the performance of the community service.
8    This subsection does not apply when the court imposes a
9sentence of incarceration.
10    (4) In addition to any criminal penalties imposed for a
11violation of this Section, if a person is convicted of or
12placed on supervision for knowingly damaging or destroying
13crops of another, including crops intended for personal,
14commercial, research, or developmental purposes, the person is
15liable in a civil action to the owner of any crops damaged or
16destroyed for money damages up to twice the market value of the
17crops damaged or destroyed.
18(Source: P.A. 95-553, eff. 6-1-08; 96-529, eff. 8-14-09.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.