State of Illinois
90th General Assembly
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90_HB3145

      720 ILCS 5/21-1.3
          Amends the Criminal Code of 1961.   Provides  that  if  a
      person convicted of or adjudicated delinquent for a second or
      subsequent  offense  of  criminal  defacement  of property is
      under 15 years of age, a court may order the parent or  legal
      guardian  of  the  person  to perform a minimum of 25% of the
      minor's community service sentence.  Effective immediately.
                                                     LRB9009348RCdv
                                               LRB9009348RCdv
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 21-1.3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 21-1.3 as follows:
 7        (720 ILCS 5/21-1.3)
 8        Sec. 21-1.3. Criminal defacement of property.
 9        (a)  A  person  commits  criminal  defacement of property
10    when the person knowingly damages  the  property  of  another
11    without  his  or  her  consent  by  defacing,  deforming,  or
12    otherwise  damaging  the  property by the use of paint or any
13    other  similar  substance,  or  by  the  use  of  a   writing
14    instrument, etching tool, or any other similar device.
15        (b)  Criminal   defacement  of  property  is  a  Class  A
16    misdemeanor for a first offense if the damage to the property
17    does not exceed $300. Criminal defacement of  property  is  a
18    Class  4  felony  for a second or subsequent conviction or if
19    the damage to the property exceeds $300. In addition  to  any
20    other  sentence  that may be imposed, a court shall order any
21    person  convicted  of  criminal  defacement  of  property  to
22    perform community service for not less than 30 and  not  more
23    than  120  hours,  if  community  service is available in the
24    jurisdiction.  If  a  person  convicted  of  or   adjudicated
25    delinquent  for  a  second  or subsequent offense of criminal
26    defacement of property is under 15 years of age, a court  may
27    order the parent or legal guardian of the person convicted or
28    adjudicated  delinquent  for the offense to perform a minimum
29    of  25%  of  the  minor's  community  service  sentence.  The
30    community service shall include, but need not be limited  to,
31    the  cleanup  and  repair  of the damage to property that was
                            -2-                LRB9009348RCdv
 1    caused by the offense, or similar damage to property  located
 2    in  the municipality or county in which the offense occurred.
 3    In addition, whenever any person is placed on supervision for
 4    an alleged offense under this Section, the supervision  shall
 5    be conditioned upon the performance of the community service.
 6    (Source: P.A. 88-406.)
 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.

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