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Public Act 095-0553
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| HB0977 Enrolled |
LRB095 04538 RLC 24591 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Sections 21-1 and 21-1.3 as follows:
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(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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Sec. 21-1. Criminal damage to property.
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(1) A person commits an illegal act when he:
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(a) knowingly damages any property of another without |
his consent;
or
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(b) recklessly by means of fire or explosive damages |
property of
another; or
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(c) knowingly starts a fire on the land of another |
without his
consent; or
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(d) knowingly injures a domestic animal of another |
without his
consent; or
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(e) knowingly deposits on the land or in the building |
of another,
without his consent, any stink bomb or any |
offensive smelling compound
and thereby intends to |
interfere with the use by another of the land or
building; |
or
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(f) damages any property, other than as described in |
subsection (b) of
Section 20-1, with intent to defraud an |
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insurer; or
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(g) knowingly shoots a firearm at any portion of a |
railroad train.
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When the charge of criminal damage to property exceeding a |
specified
value is brought, the extent of the damage is an |
element of the offense to
be resolved by the trier of fact as |
either exceeding or not exceeding
the specified value.
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It is an affirmative defense to a violation of item (a), |
(c), or (e) of this Section that the owner of the property or |
land damaged consented to such damage.
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(2) The acts described in items (a), (b), (c), (e), and (f)
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are Class
A misdemeanors if the damage to property does not |
exceed $300.
The acts
described in items (a), (b), (c), (e), |
and (f) are Class 4
felonies if the damage to
property does not |
exceed $300 if the damage occurs to property of a school
or
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place of worship or to farm equipment or immovable items of |
agricultural
production, including
but not
limited to grain |
elevators, grain bins, and barns. The act described in item (d) |
is a Class 4
felony if the
damage to property does not exceed |
$10,000. The act
described in item (g) is a Class 4 felony. The |
acts described in items (a),
(b), (c), (e), and (f) are Class 4 |
felonies if the damage to property
exceeds $300 but does not |
exceed $10,000. The acts described in items (a)
through (f) are |
Class 3 felonies if the damage to property exceeds $300 but
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does not exceed $10,000 if the damage occurs to property of a |
school
or place
of worship or to farm equipment or immovable |
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items of agricultural
production,
including
but not
limited to |
grain elevators, grain bins, and barns. The acts described in |
items (a)
through (f) are Class 3 felonies if the damage to |
property
exceeds $10,000 but does not exceed $100,000. The acts |
described in items
(a) through (f) are Class 2 felonies if the |
damage to property exceeds $10,000
but does not exceed $100,000 |
if the damage occurs to property of a school
or
place of |
worship or to farm equipment or immovable items
of agricultural |
production, including
but not
limited to grain elevators, grain |
bins, and barns.
The acts described in items
(a) through (f) |
are Class 2 felonies if the damage to property exceeds
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$100,000. The acts described in items (a) through (f) are Class |
1 felonies
if the damage to property exceeds $100,000 and the |
damage occurs to property of
a school or place of worship or to |
farm equipment or immovable items
of agricultural production, |
including
but not
limited to grain elevators, grain bins, and |
barns.
If the damage to property exceeds $10,000,
the
court |
shall impose
upon the offender a fine equal to the value of the |
damages to the property.
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For the purposes of this subsection (2), "farm equipment" |
means machinery
or
other equipment used in farming.
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(3) In addition to any other sentence that may be imposed, |
a court shall
order any person convicted of criminal damage to |
property to perform community
service for not less than 30 and |
not more than 120 hours, if community service
is available in |
the jurisdiction
and is funded and approved by the county board |
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of the county where the
offense was committed.
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.
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This subsection does not apply when the court imposes a |
sentence of
incarceration.
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(Source: P.A. 94-509, eff. 8-9-05.)
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(720 ILCS 5/21-1.3)
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Sec. 21-1.3. Criminal defacement of property.
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(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. It is an affirmative defense to a |
violation of this Section that the owner of the property |
damaged consented to such damage.
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(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
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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 |
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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
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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,
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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.
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(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; |