|
||||||||||||||||||||||
|
||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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 | |||||||||||||||||||||
5 | Sections 21-1 and 21-1.3 as follows: | |||||||||||||||||||||
6 | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
| |||||||||||||||||||||
7 | Sec. 21-1. Criminal damage to property.
| |||||||||||||||||||||
8 | (1) A person commits an illegal act when he:
| |||||||||||||||||||||
9 | (a) knowingly damages any property of another without | |||||||||||||||||||||
10 | his consent ;
or
| |||||||||||||||||||||
11 | (b) recklessly by means of fire or explosive damages | |||||||||||||||||||||
12 | property of
another; or
| |||||||||||||||||||||
13 | (c) knowingly starts a fire on the land of another | |||||||||||||||||||||
14 | without his
consent ; or
| |||||||||||||||||||||
15 | (d) knowingly injures a domestic animal of another | |||||||||||||||||||||
16 | without his
consent ; or
| |||||||||||||||||||||
17 | (e) knowingly deposits on the land or in the building | |||||||||||||||||||||
18 | of another ,
without his consent, any stink bomb or any | |||||||||||||||||||||
19 | offensive smelling compound
and thereby intends to | |||||||||||||||||||||
20 | interfere with the use by another of the land or
building; | |||||||||||||||||||||
21 | or
| |||||||||||||||||||||
22 | (f) damages any property, other than as described in | |||||||||||||||||||||
23 | subsection (b) of
Section 20-1, with intent to defraud an |
| |||||||
| |||||||
1 | insurer; or
| ||||||
2 | (g) knowingly shoots a firearm at any portion of a | ||||||
3 | railroad train.
| ||||||
4 | When the charge of criminal damage to property exceeding a | ||||||
5 | specified
value is brought, the extent of the damage is an | ||||||
6 | element of the offense to
be resolved by the trier of fact as | ||||||
7 | either exceeding or not exceeding
the specified value.
| ||||||
8 | It is an affirmative defense to a violation of item (a), | ||||||
9 | (c), or (e) of this Section that the owner of the property or | ||||||
10 | land damaged consented to such damage.
| ||||||
11 | (2) The acts described in items (a), (b), (c), (e), and (f)
| ||||||
12 | are Class
A misdemeanors if the damage to property does not | ||||||
13 | exceed $300.
The acts
described in items (a), (b), (c), (e), | ||||||
14 | and (f) are Class 4
felonies if the damage to
property does not | ||||||
15 | exceed $300 if the damage occurs to property of a school
or
| ||||||
16 | place of worship or to farm equipment or immovable items of | ||||||
17 | agricultural
production, including
but not
limited to grain | ||||||
18 | elevators, grain bins, and barns. The act described in item (d) | ||||||
19 | is a Class 4
felony if the
damage to property does not exceed | ||||||
20 | $10,000. The act
described in item (g) is a Class 4 felony. The | ||||||
21 | acts described in items (a),
(b), (c), (e), and (f) are Class 4 | ||||||
22 | felonies if the damage to property
exceeds $300 but does not | ||||||
23 | exceed $10,000. The acts described in items (a)
through (f) are | ||||||
24 | Class 3 felonies if the damage to property exceeds $300 but
| ||||||
25 | does not exceed $10,000 if the damage occurs to property of a | ||||||
26 | school
or place
of worship or to farm equipment or immovable |
| |||||||
| |||||||
1 | items of agricultural
production,
including
but not
limited to | ||||||
2 | grain elevators, grain bins, and barns. The acts described in | ||||||
3 | items (a)
through (f) are Class 3 felonies if the damage to | ||||||
4 | property
exceeds $10,000 but does not exceed $100,000. The acts | ||||||
5 | described in items
(a) through (f) are Class 2 felonies if the | ||||||
6 | damage to property exceeds $10,000
but does not exceed $100,000 | ||||||
7 | if the damage occurs to property of a school
or
place of | ||||||
8 | worship or to farm equipment or immovable items
of agricultural | ||||||
9 | production, including
but not
limited to grain elevators, grain | ||||||
10 | bins, and barns.
The acts described in items
(a) through (f) | ||||||
11 | are Class 2 felonies if the damage to property exceeds
| ||||||
12 | $100,000. The acts described in items (a) through (f) are Class | ||||||
13 | 1 felonies
if the damage to property exceeds $100,000 and the | ||||||
14 | damage occurs to property of
a school or place of worship or to | ||||||
15 | farm equipment or immovable items
of agricultural production, | ||||||
16 | including
but not
limited to grain elevators, grain bins, and | ||||||
17 | barns.
If the damage to property exceeds $10,000,
the
court | ||||||
18 | shall impose
upon the offender a fine equal to the value of the | ||||||
19 | damages to the property.
| ||||||
20 | For the purposes of this subsection (2), "farm equipment" | ||||||
21 | means machinery
or
other equipment used in farming.
| ||||||
22 | (3) In addition to any other sentence that may be imposed, | ||||||
23 | a court shall
order any person convicted of criminal damage to | ||||||
24 | property to perform community
service for not less than 30 and | ||||||
25 | not more than 120 hours, if community service
is available in | ||||||
26 | the jurisdiction
and is funded and approved by the county board |
| |||||||
| |||||||
1 | of the county where the
offense was committed.
In addition, | ||||||
2 | whenever any person is placed
on supervision for an alleged | ||||||
3 | offense under this Section, the supervision shall
be | ||||||
4 | conditioned upon the performance of the community service.
| ||||||
5 | This subsection does not apply when the court imposes a | ||||||
6 | sentence of
incarceration.
| ||||||
7 | (Source: P.A. 94-509, eff. 8-9-05.)
| ||||||
8 | (720 ILCS 5/21-1.3)
| ||||||
9 | Sec. 21-1.3. Criminal defacement of property.
| ||||||
10 | (a) A person commits criminal defacement of property when | ||||||
11 | the person
knowingly damages the property of another without | ||||||
12 | his or her consent by
defacing, deforming, or otherwise | ||||||
13 | damaging the property by the use of paint or
any other similar | ||||||
14 | substance, or by the use of a writing instrument, etching
tool, | ||||||
15 | or any other similar device. It is an affirmative defense to a | ||||||
16 | violation of this Section that the owner of the property | ||||||
17 | damaged consented to such damage.
| ||||||
18 | (b) Criminal defacement of property is a Class A | ||||||
19 | misdemeanor for a
first offense if the damage to the property | ||||||
20 | does not exceed $300. Criminal
defacement of property is a | ||||||
21 | Class 4 felony if the damage to property does not
exceed $300 | ||||||
22 | and the property damaged is a school building or place of
| ||||||
23 | worship. Criminal
defacement of property is a Class 4 felony | ||||||
24 | for a second or subsequent
conviction or if the damage to the | ||||||
25 | property exceeds $300.
Criminal defacement of property is a |
| |||||||
| |||||||
1 | Class 3 felony if the damage to property
exceeds $300 and the | ||||||
2 | property damaged is a school building or place of
worship.
In | ||||||
3 | addition to any other sentence that may be imposed
for a | ||||||
4 | violation of this Section that is chargeable as a Class 3 or | ||||||
5 | Class 4
felony,
a person convicted of
criminal defacement of
| ||||||
6 | property shall be subject to a mandatory minimum fine of $500 | ||||||
7 | plus the
actual costs incurred
by the property owner or the | ||||||
8 | unit of government to abate, remediate,
repair, or remove the | ||||||
9 | effect of the damage to the property. To the extent
permitted | ||||||
10 | by law, reimbursement for the costs of abatement, remediation,
| ||||||
11 | repair, or removal shall be payable to the person who incurred | ||||||
12 | the costs.
In addition to any
other sentence that may be | ||||||
13 | imposed, a court shall order any person convicted of
criminal | ||||||
14 | defacement of property to perform community service for not | ||||||
15 | less than
30 and not more than 120 hours, if community service | ||||||
16 | is available in the
jurisdiction. The community service shall | ||||||
17 | include, but need
not be limited to, the cleanup and repair of | ||||||
18 | the damage to property that was
caused by the offense, or | ||||||
19 | similar damage to property located in the
municipality or | ||||||
20 | county in which the offense occurred.
If the property damaged | ||||||
21 | is a school building, the community service may
include | ||||||
22 | cleanup, removal, or painting over the defacement.
In addition, | ||||||
23 | whenever any
person is placed on supervision for an alleged | ||||||
24 | offense under this Section, the
supervision shall be | ||||||
25 | conditioned
upon the performance of the community service.
| ||||||
26 | (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; |
| |||||||
| |||||||
1 | 91-931, eff. 6-1-01.)
|