98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3087

 

Introduced , by Rep. Deborah Mell

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1.3

    Amends the Criminal Code of 2012. Provides that in addition to any other sentence that may be imposed for criminal defacement of property, a person convicted of criminal defacement of property (rather than criminal defacement of property that is chargeable as a Class 3 or 4 felony) shall be subject to a mandatory minimum fine of $500 plus the actual costs incurred by the property owner or the unit of government to abate, remediate, repair, or remove the effect of the damage to the property. Provides that to the extent permitted by law, reimbursement for the costs of abatement, remediation, repair, or removal shall be payable to the person who incurred the costs. Provides that if the offense is gang-related, the fine shall be at least $1,000.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3087LRB098 10906 RLC 41437 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 $300. Criminal
20defacement of property is a Class 4 felony when the aggregate
21value of the damage to property does not exceed $300 and the
22property damaged is a school building or place of worship.
23Criminal defacement of property is a Class 4 felony for a

 

 

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1second or subsequent conviction or when the aggregate value of
2the damage to the property exceeds $300. Criminal defacement of
3property is a Class 3 felony when the aggregate value of the
4damage to property exceeds $300 and the property damaged is a
5school building or place of worship.
6    (2) In addition to any other sentence that may be imposed
7for a violation of this Section that is chargeable as a Class 3
8or Class 4 felony, a person convicted of criminal defacement of
9property shall be subject to a mandatory minimum fine of $500
10plus the actual costs incurred by the property owner or the
11unit of government to abate, remediate, repair, or remove the
12effect of the damage to the property. To the extent permitted
13by law, reimbursement for the costs of abatement, remediation,
14repair, or removal shall be payable to the person who incurred
15the costs. If the offense is gang-related as defined in Section
1610 of the Illinois Streetgang Terrorism Omnibus Prevention Act,
17a person convicted of criminal defacement of property is
18subject to a mandatory minimum fine of $1,000 plus the actual
19costs incurred by the property owner or the unit of government
20to abate, remediate, repair, or remove the effect of the damage
21to the property. To the extent permitted by law, reimbursement
22for the costs of abatement, remediation, repair, or removal
23shall be payable to the person who incurred the costs.
24    (3) In addition to any other sentence that may be imposed,
25a court shall order any person convicted of criminal defacement
26of property to perform community service for not less than 30

 

 

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1and not more than 120 hours, if community service is available
2in the jurisdiction. The community service shall include, but
3need not be limited to, the cleanup and repair of the damage to
4property that was caused by the offense, or similar damage to
5property located in the municipality or county in which the
6offense occurred. When the property damaged is a school
7building, the community service may include cleanup, removal,
8or painting over the defacement. In addition, whenever any
9person is placed on supervision for an alleged offense under
10this Section, the supervision shall be conditioned upon the
11performance of the community service.
12    (4) For the purposes of this subsection (b), aggregate
13value shall be determined by adding the value of the damage to
14one or more properties if the offenses were committed as part
15of a single course of conduct.
16(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)