State of Illinois
91st General Assembly
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91_SB1382ren

 
SB1382 Re-enrolled                             LRB9110270RCpk

 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 if the damage to property does not exceed $300
19    and the property damaged is a school  building  or  place  of
20    worship.  Criminal defacement of property is a Class 4 felony
21    for a second or subsequent conviction or if the damage to the
22    property  exceeds  $300. Criminal defacement of property is a
23    Class 3 felony if the damage to property exceeds $300 and the
24    property damaged is a school building or place of worship. In
25    addition to any other sentence that  may  be  imposed  for  a
26    violation  of this Section that is chargeable as a Class 3 or
27    Class 4 felony,  a person convicted of criminal defacement of
28    property shall be subject to a mandatory minimum fine of $500
29    plus the actual costs incurred by the property owner  or  the
30    unit of government to abate, remediate, repair, or remove the
31    effect  of  the  damage  to  the  property.   To  the  extent
 
SB1382 Re-enrolled             -2-             LRB9110270RCpk
 1    permitted  by  law, reimbursement for the costs of abatement,
 2    remediation, repair, or  removal  shall  be  payable  to  the
 3    person  who  incurred  the  costs.  In  addition to any other
 4    sentence that may be imposed, a court shall order any  person
 5    convicted  of  criminal  defacement  of  property  to perform
 6    community service for not less than 30 and not more than  120
 7    hours, if community service is available in the jurisdiction.
 8    The  community service shall include, but need not be limited
 9    to, the cleanup and repair of the damage to property that was
10    caused by the offense, or similar damage to property  located
11    in  the municipality or county in which the offense occurred.
12    If the property damaged is a school building,  the  community
13    service  may  include  cleanup, removal, or painting over the
14    defacement. In addition, whenever any  person  is  placed  on
15    supervision  for  an  alleged offense under this Section, the
16    supervision shall be conditioned upon the performance of  the
17    community service.
18    (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99.)

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