HB0192 Enrolled

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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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 
 


 






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community service. For the purposes of this subsection (b), 
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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 
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as part of a single course of conduct. 

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


 

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