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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3713 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that criminal
defacement of property is a Class 3 (rather than a Class 4) felony when the aggregate value of the damage to property does not
exceed $500 and the property damaged is a place of
worship. Criminal defacement of property is a Class 2 (rather than a Class 3) felony when the aggregate value of the damage to property
exceeds $500 and the property damaged is a place of
worship.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3713 | | LRB100 06332 RLC 16370 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 21-1.3 as follows:
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| 6 | | (720 ILCS 5/21-1.3)
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| 7 | | Sec. 21-1.3. Criminal defacement of property.
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| 8 | | (a) A person commits criminal defacement of property when |
| 9 | | the person
knowingly damages the property of another by
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| 10 | | defacing, deforming, or otherwise damaging the property by the |
| 11 | | use of paint or
any other similar substance, or by the use of a |
| 12 | | writing instrument, etching
tool, or any other similar device. |
| 13 | | It is an affirmative defense to a violation of this Section |
| 14 | | that the owner of the property damaged consented to such |
| 15 | | damage.
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| 16 | | (b) Sentence. |
| 17 | | (1) Criminal defacement of property is a Class A |
| 18 | | misdemeanor for a
first offense when the aggregate value of the |
| 19 | | damage to the property does not exceed $500. Criminal
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| 20 | | defacement of property is a Class 4 felony when the aggregate |
| 21 | | value of the damage to property does not
exceed $500 and the |
| 22 | | property damaged is a school building or place of
worship or |
| 23 | | property which memorializes or honors an individual or group of |
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| | HB3713 | - 2 - | LRB100 06332 RLC 16370 b |
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| 1 | | police officers, fire fighters, members of the United States |
| 2 | | Armed Forces or National Guard, or veterans. Criminal
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| 3 | | defacement of property, other than when the property damaged is |
| 4 | | a school building, place of worship, or property which |
| 5 | | memorializes or honors an individual or group of police |
| 6 | | officers, fire fighters, members of the United States Armed |
| 7 | | Forces or National Guard, or veterans is a Class 4 felony for a |
| 8 | | second or subsequent
conviction or when the aggregate value of |
| 9 | | the damage to the property exceeds $500.
Criminal defacement of |
| 10 | | property is a Class 3 felony when the aggregate value of the |
| 11 | | damage to property
exceeds $500 and the property damaged is a |
| 12 | | school building or place of
worship or property which |
| 13 | | memorializes or honors an individual or group of police |
| 14 | | officers, fire fighters, members of the United States Armed |
| 15 | | Forces or National Guard, or veterans.
Criminal
defacement of |
| 16 | | property is a Class 3 felony when the aggregate value of the |
| 17 | | damage to property does not
exceed $500 and the property |
| 18 | | damaged is a place of
worship. Criminal defacement of property |
| 19 | | is a Class 2 felony when the aggregate value of the damage to |
| 20 | | property
exceeds $500 and the property damaged is a place of
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| 21 | | worship. |
| 22 | | (2) In addition to any other sentence that may be imposed
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| 23 | | for a violation of this Section,
a person convicted of
criminal |
| 24 | | defacement of
property shall: |
| 25 | | (A) pay the
actual costs incurred
by the property owner |
| 26 | | or the unit of government to abate, remediate,
repair, or |
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| | HB3713 | - 3 - | LRB100 06332 RLC 16370 b |
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| 1 | | remove the effect of the damage to the property. To the |
| 2 | | extent
permitted by law, reimbursement for the costs of |
| 3 | | abatement, remediation,
repair, or removal shall be |
| 4 | | payable to the person who incurred the costs; and |
| 5 | | (B) if convicted of criminal defacement of property |
| 6 | | that is chargeable as a Class 3 or Class 4 felony, pay a |
| 7 | | mandatory minimum fine of $500.
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| 8 | | (3) In addition to any
other sentence that may be imposed, |
| 9 | | a court shall order any person convicted of
criminal defacement |
| 10 | | of property to perform community service for not less than
30 |
| 11 | | and not more than 120 hours, if community service is available |
| 12 | | in the
jurisdiction. The community service shall include, but |
| 13 | | need
not be limited to, the cleanup and repair of the damage to |
| 14 | | property that was
caused by the offense, or similar damage to |
| 15 | | property located in the
municipality or county in which the |
| 16 | | offense occurred.
When the property damaged is a school |
| 17 | | building, the community service may
include cleanup, removal, |
| 18 | | or painting over the defacement.
In addition, whenever any
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| 19 | | person is placed on supervision for an alleged offense under |
| 20 | | this Section, the
supervision shall be conditioned
upon the |
| 21 | | performance of the community service. |
| 22 | | (4) For the purposes of this subsection (b), aggregate |
| 23 | | value shall be determined by adding the value of the damage to |
| 24 | | one or more properties if the offenses were committed as part |
| 25 | | of a single course of conduct.
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| 26 | | (Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13; |