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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB3008
Introduced 1/20/2006, by Sen. Gary G. Dahl - Peter J. Roskam - Wendell E. Jones SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 1961. Increases the penalties for criminal defacement of property by one class if the damage to the property was streetgang related.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3008 |
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LRB094 18885 RLC 54329 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 |
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| Section 21-1.3 as follows:
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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 |
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| the person
knowingly damages the property of another without |
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| his or her consent by
defacing, deforming, or otherwise |
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| damaging the property by the use of paint or
any other similar |
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| substance, or by the use of a writing instrument, etching
tool, |
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| or any other similar device.
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| (b) Criminal defacement of property is a Class A |
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| misdemeanor for a
first offense if the damage to the property |
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| does not exceed $300. Criminal defacement of property is a |
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| Class 4 felony for a first offense if the damage to property |
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| does not exceed $300 and the damage to property is streetgang |
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| related. Criminal
defacement of property is a Class 4 felony if |
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| the damage to property does not
exceed $300 and the property |
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| damaged is a school building or place of
worship. Criminal
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| defacement of property is a Class 3 felony if the damage to |
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| property does not
exceed $300, the property damaged is a school |
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| building or place of
worship, and the damage to property is |
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| streetgang related. Criminal
defacement of property is a Class |
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| 4 felony for a second or subsequent
conviction or if the damage |
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| to the property exceeds $300.
Criminal
defacement of property |
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| is a Class 3 felony for a second or subsequent
conviction if |
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| the damage to property is streetgang related or if the damage |
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| to the property exceeds $300 and the damage to property is |
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| streetgang related. Criminal defacement of property is a Class |
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| 3 felony if the damage to property
exceeds $300 and the |
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SB3008 |
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LRB094 18885 RLC 54329 b |
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| property damaged is a school building or place of
worship. |
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| Criminal defacement of property is a Class 2 felony if the |
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| damage to property
exceeds $300, the property damaged is a |
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| school building or place of
worship, and the damage to property |
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| is streetgang related.
In addition to any other sentence that |
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| may be imposed
for a violation of this Section that is |
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| chargeable as a Class 2, Class 3, or Class 4
felony,
a person |
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| convicted of
criminal defacement of
property shall be subject |
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| to a mandatory minimum fine of $500 plus the
actual costs |
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| incurred
by the property owner or the unit of government to |
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| abate, remediate,
repair, or remove the effect of the damage to |
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| the property. To the extent
permitted by law, reimbursement for |
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| the costs of abatement, remediation,
repair, or removal shall |
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| be payable to the person who incurred the costs.
In addition to |
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| any
other sentence that may be imposed, a court shall order any |
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| person convicted of
criminal defacement of property to perform |
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| community service for not less than
30 and not more than 120 |
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| hours, if community service is available in the
jurisdiction. |
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| The community service shall include, but need
not be limited |
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| to, the cleanup and repair of the damage to property that was
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| caused by the offense, or similar damage to property located in |
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| the
municipality or county in which the offense occurred.
If |
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| the property damaged is a school building, the community |
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| service may
include cleanup, removal, or painting over the |
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| defacement.
In addition, whenever any
person is placed on |
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| supervision for an alleged offense under this Section, the
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| supervision shall be conditioned
upon the performance of the |
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| community service. |
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| (c) In this Section, "streetgang related" has the meaning |
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| ascribed to it in Section 10 of the Streetgang Terrorism |
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| Omnibus Prevention Act.
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| (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; |
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| 91-931, eff. 6-1-01.)
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