95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4643


 
Introduced , by Rep. Joseph M. Lyons
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/21-1.3









    Amends the Criminal Code of 1961.  Provides that for the purpose of determining the penalty for criminal defacement of property, the aggregate value of the properties defaced shall be added together when the offenses were committed as part of a single course of conduct.   Effective immediately.
















LRB095 16698 RLC 42730 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4643

LRB095 16698 RLC 42730 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 21-1.3 as follows:
 


6
    (720 ILCS 5/21-1.3)



7
    (Text of Section before amendment by P.A. 95-553)

8
    Sec. 21-1.3. Criminal defacement of property. 

9
    (a) A person commits criminal defacement of property when 
10
the person
knowingly damages the property of another without 
11
his or her consent by
defacing, deforming, or otherwise 
12
damaging the property by the use of paint or
any other similar 
13
substance, or by the use of a writing instrument, etching
tool, 
14
or any other similar device.

15
    (b) Criminal defacement of property is a Class A 
16
misdemeanor for a
first offense if the aggregate value of the 
17
damage to the property does not exceed $300.  Criminal

18
defacement of property is a Class 4 felony if the aggregate 
19
value of the damage to property does not
exceed $300 and the 
20
property damaged is a school building or place of
worship.  
21
Criminal
defacement of property is a Class 4 felony for a 
22
second or subsequent
conviction or if the aggregate value of 
23
the damage to the property exceeds $300.
Criminal defacement of 
 


 






HB4643
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LRB095 16698 RLC 42730 b




1
property is a Class 3 felony if the aggregate value of the 
2
damage to property
exceeds $300 and the property damaged is a 
3
school building or place of
worship.
In addition to any other 
4
sentence that may be imposed
for a violation of this Section 
5
that is chargeable as a Class 3 or Class 4
felony,
 a person 
6
convicted of
criminal defacement of
property shall be subject 
7
to a mandatory minimum fine of $500 plus the
actual costs 
8
incurred
by the property owner or the unit of government to 
9
abate, remediate,
repair, or remove the effect of the damage to 
10
the property.  To the extent
permitted by law, reimbursement for 
11
the costs of abatement, remediation,
repair, or removal shall 
12
be payable to the person who incurred the costs.
In addition to 
13
any
other sentence that may be imposed, a court shall order any 
14
person convicted of
criminal defacement of property to perform 
15
community service for not less than
30 and not more than 120 
16
hours, if community service is available in the
jurisdiction. 
17
The community service shall include, but need
not be limited 
18
to, the cleanup and repair of the damage to property that was

19
caused by the offense, or similar damage to property located in 
20
the
municipality or county in which the offense occurred.
If 
21
the property damaged is a school building, the community 
22
service may
include cleanup, removal, or painting over the 
23
defacement.
In addition, whenever any
person is placed on 
24
supervision for an alleged offense under this Section, the

25
supervision shall be conditioned
upon the performance of the 
26
community service. For the purposes of this subsection (b), 
 


 






HB4643
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LRB095 16698 RLC 42730 b




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aggregate value shall be determined by adding the value of the 
2
damage to one or more properties if the offenses  were committed 
3
as part of a single course of conduct. 

4
(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; 
5
91-931, eff. 6-1-01.)

 
6
    (Text of Section after amendment by P.A. 95-553)

7
    Sec. 21-1.3. Criminal defacement of property. 

8
    (a) A person commits criminal defacement of property when 
9
the person
knowingly damages the property of another by

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.


16
    (b) Criminal defacement of property is a Class A 
17
misdemeanor for a
first offense if the aggregate value of the 
18
damage to the property does not exceed $300.  Criminal

19
defacement of property is a Class 4 felony if the aggregate 
20
value of the damage to property does not
exceed $300 and the 
21
property damaged is a school building or place of
worship.  
22
Criminal
defacement of property is a Class 4 felony for a 
23
second or subsequent
conviction or if the aggregate value of 
24
the damage to the property exceeds $300.
Criminal defacement of 
25
property is a Class 3 felony if the aggregate value of the 
 


 






HB4643
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LRB095 16698 RLC 42730 b




1
damage to property
exceeds $300 and the property damaged is a 
2
school building or place of
worship.
In addition to any other 
3
sentence that may be imposed
for a violation of this Section 
4
that is chargeable as a Class 3 or Class 4
felony,
 a person 
5
convicted of
criminal defacement of
property shall be subject 
6
to a mandatory minimum fine of $500 plus the
actual costs 
7
incurred
by the property owner or the unit of government to 
8
abate, remediate,
repair, or remove the effect of the damage to 
9
the property.  To the extent
permitted by law, reimbursement for 
10
the costs of abatement, remediation,
repair, or removal shall 
11
be payable to the person who incurred the costs.
In addition to 
12
any
other sentence that may be imposed, a court shall order any 
13
person convicted of
criminal defacement of property to perform 
14
community service for not less than
30 and not more than 120 
15
hours, if community service is available in the
jurisdiction. 
16
The community service shall include, but need
not be limited 
17
to, the cleanup and repair of the damage to property that was

18
caused by the offense, or similar damage to property located in 
19
the
municipality or county in which the offense occurred.
If 
20
the property damaged is a school building, the community 
21
service may
include cleanup, removal, or painting over the 
22
defacement.
In addition, whenever any
person is placed on 
23
supervision for an alleged offense under this Section, the

24
supervision shall be conditioned
upon the performance of the 
25
community service. For the purposes of this subsection (b), 
26
aggregate value shall be determined by adding the value of the 
 


 






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damage to one or more properties if the offenses  were committed 
2
as part of a single course of conduct.

3
(Source: P.A. 95-553, eff. 6-1-08.)

 
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    Section 95. No acceleration or delay. Where this Act makes 
5
changes in a statute that is represented in this Act by text 
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that is not yet or no longer in effect (for example, a Section 
7
represented by multiple versions), the use of that text does 
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not accelerate or delay the taking effect of (i) the changes 
9
made by this Act or (ii) provisions derived from any other 
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Public Act.
 

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