093_HB2340

 
                                     LRB093 09359 RLC 09594 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Criminal Code  of  1961  is  amended  by
 5    changing Section 21-1.2 as follows:

 6        (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
 7        Sec. 21-1.2.  Institutional vandalism.
 8        (a)  A  person  commits  institutional vandalism when, by
 9    reason  of  the  actual  or  perceived  race,  color,  creed,
10    religion or national origin of another individual or group of
11    individuals,  regardless  of  the  existence  of  any   other
12    motivating factor or factors, he or she knowingly and without
13    consent inflicts damage to any of the following properties:
14             (1)  A church, synagogue, mosque, or other building,
15        structure  or  place  used for religious worship or other
16        religious purpose;
17             (2)  A cemetery, mortuary, or  other  facility  used
18        for the purpose of burial or memorializing the dead;
19             (3)  A  school,  educational  facility  or community
20        center;
21             (4)  The grounds adjacent to, and  owned  or  rented
22        by,  any  institution,  facility,  building, structure or
23        place described in paragraphs (1), (2)  or  (3)  of  this
24        subsection (a); or
25             (5)  Any   personal   property   contained   in  any
26        institution,  facility,  building,  structure  or   place
27        described   in   paragraphs  (1),  (2)  or  (3)  of  this
28        subsection (a).
29        (b)  Institutional vandalism is a Class 3 felony  if  the
30    damage  to  the property does not exceed $300.  Institutional
31    vandalism is a Class 2 felony if the damage to  the  property
 
                            -2-      LRB093 09359 RLC 09594 b
 1    exceeds $300. Institutional vandalism is a Class 2 felony for
 2    any second or subsequent offense.
 3        (b-5)  Upon  imposition  of any sentence, the trial court
 4    shall also either order restitution paid  to  the  victim  or
 5    impose  a  fine  up  to  $1,000.   In  addition, any order of
 6    probation  or  conditional  discharge  entered  following   a
 7    conviction  or an adjudication of delinquency shall include a
 8    condition that  the  offender  perform  public  or  community
 9    service  of  no  less  than  200  hours  if  that  service is
10    established in the county where the offender was convicted of
11    institutional vandalism.  The court may also impose any other
12    condition of probation or conditional  discharge  under  this
13    Section.
14        (c)  Independent  of  a  any  criminal prosecution or the
15    result of that prosecution,  a  person  suffering  damage  to
16    property  or  injury  to  his  or  her  person as a result of
17    institutional vandalism may bring a civil action for damages,
18    injunction or other appropriate relief. The court  may  award
19    actual  damages, including damages for emotional distress, or
20    punitive damages.  A judgment may include attorney's fees and
21    costs.  The parents or legal guardians  of  an  unemancipated
22    minor,  other  than  guardians  appointed  under the Juvenile
23    Court Act or the Juvenile Court Act of 1987, shall be  liable
24    for  the  amount  of any judgment for actual damages rendered
25    against the minor under this  subsection  in  an  amount  not
26    exceeding the amount provided under Section 5 of the Parental
27    Responsibility Law.
28    (Source: P.A. 92-830, eff. 1-1-03.)