SB2907enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2907 EnrolledLRB099 18320 RLC 42694 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
5Sections 21-1, 21-1.2, 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
9she:
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
17    of another any stink bomb or any offensive smelling
18    compound and thereby intends to interfere with the use by
19    another of the land or building;
20        (6) knowingly damages any property, other than as
21    described in paragraph (2) of subsection (a) of Section
22    20-1, with intent to defraud an insurer;
23        (7) knowingly shoots a firearm at any portion of a

 

 

SB2907 Enrolled- 2 -LRB099 18320 RLC 42694 b

1    railroad train;
2        (8) knowingly, without proper authorization, cuts,
3    injures, damages, defaces, destroys, or tampers with any
4    fire hydrant or any public or private fire fighting
5    equipment, or any apparatus appertaining to fire fighting
6    equipment; or
7        (9) intentionally, without proper authorization, opens
8    any fire hydrant.
9    (b) When the charge of criminal damage to property
10exceeding a specified value is brought, the extent of the
11damage is an element of the offense to be resolved by the trier
12of fact as either exceeding or not exceeding the specified
13value.
14    (c) It is an affirmative defense to a violation of
15paragraph (1), (3), or (5) of subsection (a) of this Section
16that the owner of the property or land damaged consented to the
17damage.
18    (d) Sentence.
19        (1) A violation of subsection (a) shall have the
20    following penalties:
21            (A) A violation of paragraph (8) or (9) is a Class
22        B misdemeanor.
23            (B) A violation of paragraph (1), (2), (3), (5), or
24        (6) is a Class A misdemeanor when the damage to
25        property does not exceed $500 $300.
26             (C) A violation of paragraph (1), (2), (3), (5),

 

 

SB2907 Enrolled- 3 -LRB099 18320 RLC 42694 b

1        or (6) is a Class 4 felony when the damage to property
2        does not exceed $500 $300 and the damage occurs to
3        property of a school or place of worship or to farm
4        equipment or immovable items of agricultural
5        production, including but not limited to grain
6        elevators, grain bins, and barns or property which
7        memorializes or honors an individual or group of police
8        officers, fire fighters, members of the United States
9        Armed Forces, National Guard, or veterans.
10             (D) A violation of paragraph (4) is a Class 4
11        felony when the damage to property does not exceed
12        $10,000.
13             (E) A violation of paragraph (7) is a Class 4
14        felony.
15             (F) A violation of paragraph (1), (2), (3), (5) or
16        (6) is a Class 4 felony when the damage to property
17        exceeds $500 $300 but does not exceed $10,000.
18             (G) A violation of paragraphs (1) through (6) is a
19        Class 3 felony when the damage to property exceeds $500
20        $300 but does not exceed $10,000 and the damage occurs
21        to property of a school or place of worship or to farm
22        equipment or immovable items of agricultural
23        production, including but not limited to grain
24        elevators, grain bins, and barns or property which
25        memorializes or honors an individual or group of police
26        officers, fire fighters, members of the United States

 

 

SB2907 Enrolled- 4 -LRB099 18320 RLC 42694 b

1        Armed Forces, National Guard, or veterans.
2             (H) A violation of paragraphs (1) through (6) is a
3        Class 3 felony when the damage to property exceeds
4        $10,000 but does not exceed $100,000.
5             (I) A violation of paragraphs (1) through (6) is a
6        Class 2 felony when the damage to property exceeds
7        $10,000 but does not exceed $100,000 and the damage
8        occurs to property of a school or place of worship or
9        to farm equipment or immovable items of agricultural
10        production, including but not limited to grain
11        elevators, grain bins, and barns or property which
12        memorializes or honors an individual or group of police
13        officers, fire fighters, members of the United States
14        Armed Forces, National Guard, or veterans.
15             (J) A violation of paragraphs (1) through (6) is a
16        Class 2 felony when the damage to property exceeds
17        $100,000. A violation of paragraphs (1) through (6) is
18        a Class 1 felony when the damage to property exceeds
19        $100,000 and the damage occurs to property of a school
20        or place of worship or to farm equipment or immovable
21        items of agricultural production, including but not
22        limited to grain elevators, grain bins, and barns or
23        property which memorializes or honors an individual or
24        group of police officers, fire fighters, members of the
25        United States Armed Forces, National Guard, or
26        veterans.

 

 

SB2907 Enrolled- 5 -LRB099 18320 RLC 42694 b

1        (2) When the damage to property exceeds $10,000, the
2    court shall impose upon the offender a fine equal to the
3    value of the damages to the property.
4        (3) In addition to any other sentence that may be
5    imposed, a court shall order any person convicted of
6    criminal damage to property to perform community service
7    for not less than 30 and not more than 120 hours, if
8    community service is available in the jurisdiction and is
9    funded and approved by the county board of the county where
10    the offense was committed. In addition, whenever any person
11    is placed on supervision for an alleged offense under this
12    Section, the supervision shall be conditioned upon the
13    performance of the community service.
14        The community service requirement does not apply when
15    the court imposes a sentence of incarceration.
16        (4) In addition to any criminal penalties imposed for a
17    violation of this Section, if a person is convicted of or
18    placed on supervision for knowingly damaging or destroying
19    crops of another, including crops intended for personal,
20    commercial, research, or developmental purposes, the
21    person is liable in a civil action to the owner of any
22    crops damaged or destroyed for money damages up to twice
23    the market value of the crops damaged or destroyed.
24        (5) For the purposes of this subsection (d), "farm
25    equipment" means machinery or other equipment used in
26    farming.

 

 

SB2907 Enrolled- 6 -LRB099 18320 RLC 42694 b

1(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)
 
2    (720 ILCS 5/21-1.2)  (from Ch. 38, par. 21-1.2)
3    Sec. 21-1.2. Institutional vandalism.
4    (a) A person commits institutional vandalism when, by
5reason of the actual or perceived race, color, creed, religion,
6ancestry, gender, sexual orientation, physical or mental
7disability, or national origin of another individual or group
8of individuals, regardless of the existence of any other
9motivating factor or factors, he or she knowingly and without
10consent inflicts damage to any of the following properties:
11        (1) A church, synagogue, mosque, or other building,
12    structure or place used for religious worship or other
13    religious purpose;
14        (2) A cemetery, mortuary, or other facility used for
15    the purpose of burial or memorializing the dead;
16        (3) A school, educational facility or community
17    center;
18        (4) The grounds adjacent to, and owned or rented by,
19    any institution, facility, building, structure or place
20    described in paragraphs (1), (2) or (3) of this subsection
21    (a); or
22        (5) Any personal property contained in any
23    institution, facility, building, structure or place
24    described in paragraphs (1), (2) or (3) of this subsection
25    (a).

 

 

SB2907 Enrolled- 7 -LRB099 18320 RLC 42694 b

1    (b) Sentence.
2         (1) Institutional vandalism is a Class 3 felony when
3    the damage to the property does not exceed $500 $300.
4    Institutional vandalism is a Class 2 felony when the damage
5    to the property exceeds $500 $300. Institutional vandalism
6    is a Class 2 felony for any second or subsequent offense.
7        (2) Upon imposition of any sentence, the trial court
8    shall also either order restitution paid to the victim or
9    impose a fine up to $1,000. In addition, any order of
10    probation or conditional discharge entered following a
11    conviction or an adjudication of delinquency shall include
12    a condition that the offender perform public or community
13    service of no less than 200 hours if that service is
14    established in the county where the offender was convicted
15    of institutional vandalism. The court may also impose any
16    other condition of probation or conditional discharge
17    under this Section.
18    (c) Independent of any criminal prosecution or the result
19of that prosecution, a person suffering damage to property or
20injury to his or her person as a result of institutional
21vandalism may bring a civil action for damages, injunction or
22other appropriate relief. The court may award actual damages,
23including damages for emotional distress, or punitive damages.
24A judgment may include attorney's fees and costs. The parents
25or legal guardians of an unemancipated minor, other than
26guardians appointed under the Juvenile Court Act or the

 

 

SB2907 Enrolled- 8 -LRB099 18320 RLC 42694 b

1Juvenile Court Act of 1987, shall be liable for the amount of
2any judgment for actual damages rendered against the minor
3under this subsection in an amount not exceeding the amount
4provided under Section 5 of the Parental Responsibility Law.
5    (d) As used in this Section, "sexual orientation" has the
6meaning ascribed to it in paragraph (O-1) of Section 1-103 of
7the Illinois Human Rights Act.
8(Source: P.A. 99-77, eff. 1-1-16.)
 
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
12the person knowingly damages the property of another by
13defacing, deforming, or otherwise damaging the property by the
14use of paint or any other similar substance, or by the use of a
15writing instrument, etching tool, or any other similar device.
16It is an affirmative defense to a violation of this Section
17that the owner of the property damaged consented to such
18damage.
19    (b) Sentence.
20    (1) Criminal defacement of property is a Class A
21misdemeanor for a first offense when the aggregate value of the
22damage to the property does not exceed $500 $300. Criminal
23defacement of property is a Class 4 felony when the aggregate
24value of the damage to property does not exceed $500 $300 and
25the property damaged is a school building or place of worship

 

 

SB2907 Enrolled- 9 -LRB099 18320 RLC 42694 b

1or property which memorializes or honors an individual or group
2of police officers, fire fighters, members of the United States
3Armed Forces or National Guard, or veterans. Criminal
4defacement of property is a Class 4 felony for a second or
5subsequent conviction or when the aggregate value of the damage
6to the property exceeds $500 $300. Criminal defacement of
7property is a Class 3 felony when the aggregate value of the
8damage to property exceeds $500 $300 and the property damaged
9is a school building or place of worship or property which
10memorializes or honors an individual or group of police
11officers, fire fighters, members of the United States Armed
12Forces or National Guard, or veterans.
13    (2) In addition to any other sentence that may be imposed
14for a violation of this Section, a person convicted of criminal
15defacement of property shall:
16        (A) pay the actual costs incurred by the property owner
17    or the unit of government to abate, remediate, repair, or
18    remove the effect of the damage to the property. To the
19    extent permitted by law, reimbursement for the costs of
20    abatement, remediation, repair, or removal shall be
21    payable to the person who incurred the costs; and
22        (B) if convicted of criminal defacement of property
23    that is chargeable as a Class 3 or Class 4 felony, pay a
24    mandatory minimum fine of $500.
25    (3) In addition to any other sentence that may be imposed,
26a court shall order any person convicted of criminal defacement

 

 

SB2907 Enrolled- 10 -LRB099 18320 RLC 42694 b

1of property to perform community service for not less than 30
2and not more than 120 hours, if community service is available
3in the jurisdiction. The community service shall include, but
4need not be limited to, the cleanup and repair of the damage to
5property that was caused by the offense, or similar damage to
6property located in the municipality or county in which the
7offense occurred. When the property damaged is a school
8building, the community service may include cleanup, removal,
9or painting over the defacement. In addition, whenever any
10person is placed on supervision for an alleged offense under
11this Section, the supervision shall be conditioned upon the
12performance of the community service.
13    (4) For the purposes of this subsection (b), aggregate
14value shall be determined by adding the value of the damage to
15one or more properties if the offenses were committed as part
16of a single course of conduct.
17(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14;
1898-466, eff. 8-16-13; 98-756, eff. 7-16-14.)