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HB0192 Engrossed |
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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 Engrossed |
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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 |