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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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