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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0192
Introduced 1/14/2009, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED:
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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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0192 |
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LRB096 03313 RLC 13332 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 by
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| defacing, deforming, or otherwise damaging the property by the |
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| use of paint or
any other similar substance, or by the use of a |
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| writing instrument, etching
tool, or any other similar device. |
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| It is an affirmative defense to a violation of this Section |
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| that the owner of the property damaged consented to such |
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| damage.
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| (b) Criminal defacement of property is a Class A |
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| misdemeanor for a
first offense if the aggregate value of the |
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| damage to the property does not exceed $300. Criminal
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| defacement of property is a Class 4 felony if the aggregate |
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| value of the damage to property does not
exceed $300 and the |
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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 4 felony for a |
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| second or subsequent
conviction or if the aggregate value of |
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HB0192 |
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LRB096 03313 RLC 13332 b |
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| the damage to the property exceeds $300.
Criminal defacement of |
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| property is a Class 3 felony if the aggregate value of the |
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| damage to property
exceeds $300 and the property damaged is a |
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| school building or place of
worship.
In addition to any other |
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| sentence that may be imposed
for a violation of this Section |
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| that is chargeable as a 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 |