Rep. Lou Lang
Filed: 3/24/2004
 
 

 




 

 		












09300HB4036ham001

LRB093 15176 RLC 49012 a






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AMENDMENT TO HOUSE BILL 4036 




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    AMENDMENT NO. ______. Amend House Bill 4036  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Section 21-1 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 
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his consent;
or


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        (b) recklessly by means of fire or explosive damages 
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property of
another; or


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        (c) knowingly starts a fire on the land of another 
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without his
consent; or


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        (d) knowingly injures a domestic animal of another 
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without his
consent; or


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        (e) knowingly deposits on the land or in the building 
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of another,
without his consent, any stink bomb or any 
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offensive smelling compound
and thereby intends to 
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interfere with the use by another of the land or
building; 
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or


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        (f) damages any property, other than as described in 
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subsection (b) of
Section 20-1, with intent to defraud an 
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insurer; or


 


 






09300HB4036ham001
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LRB093 15176 RLC 49012 a




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        (g) knowingly shoots a firearm at any portion of a 
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railroad train.

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    When the charge of criminal damage to property exceeding a 
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specified
value is brought, the extent of the damage is an 
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element of the offense to
be resolved by the trier of fact as 
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either exceeding or not exceeding
the specified value.

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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 
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exceed $800
$300.
 The acts
described in items (a), (b), (c), 
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(e), and (f) are Class 4
felonies if the damage to
property 
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does not exceed $800
$300 if the damage occurs to property of a 
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school or
place of worship.  The act described in item (d) is a 
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Class 4 felony if the
damage to property does not exceed 
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$10,000.  The act
described in item (g) is a Class 4 felony.  The 
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acts described in items (a),
(b), (c), (e), and (f) are Class 4 
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felonies if the damage to property
exceeds $800
$300 but does 
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not exceed $10,000.  The acts described in items (a)
through (f) 
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are Class 3 felonies if the damage to property exceeds $800

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$300 but
does not exceed $10,000 if the damage occurs to 
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property of a school or place
of worship.  The acts described in 
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items (a)
through (f) are Class 3 felonies if the damage to 
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property
exceeds $10,000 but does not exceed $100,000.  The acts 
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described in items
(a) through (f) are Class 2 felonies if the 
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damage to property exceeds $10,000
but does not exceed $100,000 
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if the damage occurs to property of a school or
place of 
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worship.  The acts described in items
(a) through (f) are Class 
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2 felonies if the damage to property exceeds
$100,000.  The acts 
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described in items (a) through (f) are Class 1 felonies
if the 
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damage to property exceeds $100,000 and the damage occurs to 
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property of
a school or place of worship.  If the damage to 
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property exceeds $10,000, the
court shall impose
upon the 
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offender a fine equal to the value of the damages to the 
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property.

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    (3) In addition to any other sentence that may be imposed, 
 


 






09300HB4036ham001
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a court shall
order any person convicted of criminal damage to 
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property to perform community
service for not less than 30 and 
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not more than 120 hours, if community service
is available in 
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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, 
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whenever any person is placed
on supervision for an alleged 
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offense under this Section, the supervision shall
be 
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conditioned upon the performance of the community service.

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    This subsection does not apply when the court imposes a 
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sentence of
incarceration.

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(Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)".