Public Act 098-0466
 
HB3043 EnrolledLRB098 09361 RLC 41555 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Criminal Code of 2012 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 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.


    (b) Sentence. 
    (1) Criminal defacement of property is a Class A 
misdemeanor for a
first offense when the aggregate value of the 
damage to the property does not exceed $300.  Criminal

defacement of property is a Class 4 felony when the aggregate 
value of 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 when the aggregate value of 
the damage to the property exceeds $300.
Criminal defacement of 
property is a Class 3 felony when the aggregate value of the 
damage to property
exceeds $300 and the property damaged is a 
school building or place of
worship.

    (2) 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:
        (A) pay 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; and
        (B)  if convicted of criminal defacement of property 
    that is chargeable as a Class 3 or Class 4 felony pay a 
    mandatory minimum fine of $500.
 
    (3) 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.
When 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. 
    (4) For the purposes of this subsection (b), aggregate 
value shall be determined by adding the value of the damage to 
one or more properties if the offenses  were committed as part 
of a single course of conduct. 

(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.