Full Text of SB2231 98th General Assembly
SB2231sam002 98TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 2231
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2231 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Sections 21-1 and 21-1.3 as follows: | 6 | | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| 7 | | Sec. 21-1. Criminal damage to property.
| 8 | | (a) A person commits criminal damage to property when he or | 9 | | she:
| 10 | | (1) knowingly damages any property of another;
| 11 | | (2) recklessly by means of fire or explosive damages | 12 | | property of
another;
| 13 | | (3) knowingly starts a fire on the land of another;
| 14 | | (4) knowingly injures a domestic animal of another | 15 | | without his
or her consent;
| 16 | | (5) knowingly deposits on the land or in the building |
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| 1 | | of another any stink bomb or any offensive smelling | 2 | | compound
and thereby intends to interfere with the use by | 3 | | another of the land or
building;
| 4 | | (6) knowingly damages any property, other than as | 5 | | described in paragraph (2) of subsection (a) of
Section | 6 | | 20-1, with intent to defraud an insurer;
| 7 | | (7) knowingly shoots a firearm at any portion of a | 8 | | railroad train; | 9 | | (8) knowingly, without proper authorization, cuts, | 10 | | injures, damages, defaces, destroys, or tampers with any | 11 | | fire hydrant or any public or private fire fighting | 12 | | equipment, or any apparatus appertaining to fire fighting | 13 | | equipment; or | 14 | | (9) intentionally, without proper authorization, opens | 15 | | any fire hydrant.
| 16 | | (b) When the charge of criminal damage to property | 17 | | exceeding a specified
value is brought, the extent of the | 18 | | damage is an element of the offense to
be resolved by the trier | 19 | | of fact as either exceeding or not exceeding
the specified | 20 | | value.
| 21 | | (c) It is an affirmative defense to a violation of | 22 | | paragraph (1), (3), or (5) of subsection (a) of this Section | 23 | | that the owner of the property or land damaged consented to the | 24 | | damage.
| 25 | | (d) Sentence. | 26 | | (1) A violation of subsection (a) shall have the |
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| 1 | | following penalties: | 2 | | (A) A violation of paragraph (8) or (9) is a Class | 3 | | B misdemeanor. | 4 | | (B) A violation of paragraph (1), (2), (3), (5), or | 5 | | (6) is a Class
A misdemeanor when the damage to | 6 | | property does not exceed $300. | 7 | |
(C) A violation of paragraph (1), (2), (3), (5), | 8 | | or (6) is a Class 4
felony when the damage to
property | 9 | | does not exceed $300 and the damage occurs to property | 10 | | of a school
or
place of worship or to farm equipment or | 11 | | immovable items of agricultural
production, including
| 12 | | but not
limited to grain elevators, grain bins, and | 13 | | barns or property which memorializes or honors an | 14 | | individual or group of police officers, fire fighters, | 15 | | members of the United States Armed Forces, National | 16 | | Guard, or veterans . | 17 | | (D) A violation of paragraph (4) is a Class 4
| 18 | | felony when the
damage to property does not exceed | 19 | | $10,000. | 20 | | (E) A violation of paragraph (7) is a Class 4 | 21 | | felony. | 22 | | (F) A violation of paragraph (1), (2), (3), (5) or | 23 | | (6) is a Class 4 felony when the damage to property
| 24 | | exceeds $300 but does not exceed $10,000. | 25 | | (G) A violation of paragraphs (1) through (6) is a | 26 | | Class 3 felony when the damage to property exceeds $300 |
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| 1 | | but
does not exceed $10,000 and the damage occurs to | 2 | | property of a school
or place
of worship or to farm | 3 | | equipment or immovable items of agricultural
| 4 | | production,
including
but not
limited to grain | 5 | | elevators, grain bins, and barns or property which | 6 | | memorializes or honors an individual or group of police | 7 | | officers, fire fighters, members of the United States | 8 | | Armed Forces, National Guard, or veterans . | 9 | | (H) A violation of paragraphs (1) through (6) is a | 10 | | Class 3 felony when the damage to property
exceeds | 11 | | $10,000 but does not exceed $100,000. | 12 | | (I) A violation of paragraphs (1) through (6) is a | 13 | | Class 2 felony when the damage to property exceeds | 14 | | $10,000
but does not exceed $100,000 and the damage | 15 | | occurs to property of a school
or
place of worship or | 16 | | to farm equipment or immovable items
of agricultural | 17 | | production, including
but not
limited to grain | 18 | | elevators, grain bins, and barns or property which | 19 | | memorializes or honors an individual or group of police | 20 | | officers, fire fighters, members of the United States | 21 | | Armed Forces, National Guard, or veterans . | 22 | |
(J) A violation of paragraphs (1) through (6) is a | 23 | | Class 2 felony when the damage to property exceeds
| 24 | | $100,000. A violation of paragraphs (1) through (6) is | 25 | | a Class 1 felony when the damage to property exceeds | 26 | | $100,000 and the damage occurs to property of
a school |
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| 1 | | or place of worship or to farm equipment or immovable | 2 | | items
of agricultural production, including
but not
| 3 | | limited to grain elevators, grain bins, and barns or | 4 | | property which memorializes or honors an individual or | 5 | | group of police officers, fire fighters, members of the | 6 | | United States Armed Forces, National Guard, or | 7 | | veterans .
| 8 | | (2) When the damage to property exceeds $10,000,
the
| 9 | | court shall impose
upon the offender a fine equal to the | 10 | | value of the damages to the property.
| 11 | | (3) In addition to any other sentence that may be | 12 | | imposed, a court shall
order any person convicted of | 13 | | criminal damage to property to perform community
service | 14 | | for not less than 30 and not more than 120 hours, if | 15 | | community service
is available in the jurisdiction
and is | 16 | | funded and approved by the county board of the county where | 17 | | the
offense was committed.
In addition, whenever any person | 18 | | is placed
on supervision for an alleged offense under this | 19 | | Section, the supervision shall
be conditioned upon the | 20 | | performance of the community service.
| 21 | | The community service requirement does not apply when | 22 | | the court imposes a sentence of
incarceration.
| 23 | | (4) In addition to any criminal penalties imposed for a | 24 | | violation of this Section, if a person is convicted of or | 25 | | placed on supervision for knowingly damaging or destroying | 26 | | crops of another, including crops intended for personal, |
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| 1 | | commercial, research, or developmental purposes, the | 2 | | person is liable in a civil action to the owner of any | 3 | | crops damaged or destroyed for money damages up to twice | 4 | | the market value of the crops damaged or destroyed. | 5 | | (5) For the purposes of this subsection (d), "farm | 6 | | equipment" means machinery
or
other equipment used in | 7 | | farming. | 8 | | (Source: P.A. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
| 9 | | (720 ILCS 5/21-1.3)
| 10 | | Sec. 21-1.3. Criminal defacement of property.
| 11 | | (a) A person commits criminal defacement of property when | 12 | | the person
knowingly damages the property of another by
| 13 | | defacing, deforming, or otherwise damaging the property by the | 14 | | use of paint or
any other similar substance, or by the use of a | 15 | | writing instrument, etching
tool, or any other similar device. | 16 | | It is an affirmative defense to a violation of this Section | 17 | | that the owner of the property damaged consented to such | 18 | | damage.
| 19 | | (b) Sentence. | 20 | | (1) Criminal defacement of property is a Class A | 21 | | misdemeanor for a
first offense when the aggregate value of the | 22 | | damage to the property does not exceed $300. Criminal
| 23 | | defacement of property is a Class 4 felony when the aggregate | 24 | | value of the damage to property does not
exceed $300 and the | 25 | | property damaged is a school building or place of
worship or |
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| 1 | | property which memorializes or honors an individual or group of | 2 | | police officers, fire fighters, members of the United States | 3 | | Armed Forces, National Guard, or veterans . Criminal
defacement | 4 | | of property is a Class 4 felony for a second or subsequent
| 5 | | conviction or when the aggregate value of the damage to the | 6 | | property exceeds $300.
Criminal defacement of property is a | 7 | | Class 3 felony when the aggregate value of the damage to | 8 | | property
exceeds $300 and the property damaged is a school | 9 | | building or place of
worship or property which memorializes or | 10 | | honors an individual or group of police officers, fire | 11 | | fighters, members of the United States Armed Forces, National | 12 | | Guard, or veterans .
| 13 | | (2) In addition to any other sentence that may be imposed
| 14 | | for a violation of this Section that is chargeable as a Class 3 | 15 | | or Class 4
felony,
a person convicted of
criminal defacement of
| 16 | | property shall be subject to a mandatory minimum fine of $500 | 17 | | plus the
actual costs incurred
by the property owner or the | 18 | | unit of government to abate, remediate,
repair, or remove the | 19 | | effect of the damage to the property. To the extent
permitted | 20 | | by law, reimbursement for the costs of abatement, remediation,
| 21 | | repair, or removal shall be payable to the person who incurred | 22 | | the costs.
| 23 | | (3) In addition to any
other sentence that may be imposed, | 24 | | a court shall order any person convicted of
criminal defacement | 25 | | of property to perform community service for not less than
30 | 26 | | and not more than 120 hours, if community service is available |
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| 1 | | in the
jurisdiction. The community service shall include, but | 2 | | need
not be limited to, the cleanup and repair of the damage to | 3 | | property that was
caused by the offense, or similar damage to | 4 | | property located in the
municipality or county in which the | 5 | | offense occurred.
When the property damaged is a school | 6 | | building, the community service may
include cleanup, removal, | 7 | | or painting over the defacement.
In addition, whenever any
| 8 | | person is placed on supervision for an alleged offense under | 9 | | this Section, the
supervision shall be conditioned
upon the | 10 | | performance of the community service. | 11 | | (4) For the purposes of this subsection (b), aggregate | 12 | | value shall be determined by adding the value of the damage to | 13 | | one or more properties if the offenses were committed as part | 14 | | of a single course of conduct.
| 15 | | (Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)".
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