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Public Act 91-0931
SB1382 Re-enrolled LRB9110270RCpk
AN ACT to amend the Criminal Code of 1961 by changing
Section 21-1.3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 21-1.3 as follows:
(720 ILCS 5/21-1.3)
Sec. 21-1.3. Criminal defacement of property.
(a) A person commits criminal defacement of property
when the person knowingly damages the property of another
without his or her consent by defacing, deforming, or
otherwise damaging the property by the use of paint or any
other similar substance, or by the use of a writing
instrument, etching tool, or any other similar device.
(b) Criminal defacement of property is a Class A
misdemeanor for a first offense if the damage to the property
does not exceed $300. Criminal defacement of property is a
Class 4 felony if the damage to property does not exceed $300
and the property damaged is a school building or place of
worship. Criminal defacement of property is a Class 4 felony
for a second or subsequent conviction or if the damage to the
property exceeds $300. Criminal defacement of property is a
Class 3 felony if the damage to property exceeds $300 and the
property damaged is a school building or place of worship. In
addition to any other sentence that may be imposed for a
violation of this Section that is chargeable as a Class 3 or
Class 4 felony, a person convicted of criminal defacement of
property shall be subject to a mandatory minimum fine of $500
plus the actual costs incurred by the property owner or the
unit of government to abate, remediate, repair, or remove the
effect of the damage to the property. To the extent
permitted by law, reimbursement for the costs of abatement,
remediation, repair, or removal shall be payable to the
person who incurred the costs. In addition to any other
sentence that may be imposed, a court shall order any person
convicted of criminal defacement of property to perform
community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction.
The community service shall include, but need not be limited
to, the cleanup and repair of the damage to property that was
caused by the offense, or similar damage to property located
in the municipality or county in which the offense occurred.
If the property damaged is a school building, the community
service may include cleanup, removal, or painting over the
defacement. In addition, whenever any person is placed on
supervision for an alleged offense under this Section, the
supervision shall be conditioned upon the performance of the
community service.
(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99.)
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