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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4177
Introduced 2/27/2009, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED:
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720 ILCS 5/21-1 |
from Ch. 38, par. 21-1 |
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Amends the Criminal Code of 1961. Provides that in addition to any criminal penalties imposed for criminal damage to property, if a person is convicted of or placed on supervision for knowingly damaging or destroying crops of another, including crops intended for personal, commercial, research, or developmental purposes, the person is liable in a civil action to the owner of any crops damaged or destroyed for money damages up to twice the market value of the crops damaged or destroyed. Effective July 1, 2009.
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A BILL FOR
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HB4177 |
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LRB096 09833 RLC 19996 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 as follows:
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| (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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| Sec. 21-1. Criminal damage to property.
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| (1) A person commits an illegal act when he:
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| (a) knowingly damages any property of another;
or
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| (b) recklessly by means of fire or explosive damages |
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| property of
another; or
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| (c) knowingly starts a fire on the land of another; or
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| (d) knowingly injures a domestic animal of another |
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| without his
consent; or
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| (e) knowingly deposits on the land or in the building |
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| of another any stink bomb or any offensive smelling |
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| compound
and thereby intends to interfere with the use by |
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| another of the land or
building; or
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| (f) damages any property, other than as described in |
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| subsection (b) of
Section 20-1, with intent to defraud an |
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| insurer; or
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| (g) knowingly shoots a firearm at any portion of a |
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| railroad train.
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HB4177 |
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LRB096 09833 RLC 19996 b |
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| When the charge of criminal damage to property exceeding a |
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| specified
value is brought, the extent of the damage is an |
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| element of the offense to
be resolved by the trier of fact as |
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| either exceeding or not exceeding
the specified value.
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| It is an affirmative defense to a violation of item (a), |
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| (c), or (e) of this Section that the owner of the property or |
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| land damaged consented to such damage.
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| (2) The acts described in items (a), (b), (c), (e), and (f)
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| are Class
A misdemeanors if the damage to property does not |
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| exceed $300.
The acts
described in items (a), (b), (c), (e), |
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| and (f) are Class 4
felonies if the damage to
property does not |
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| exceed $300 if the damage occurs to property of a school
or
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| place of worship or to farm equipment or immovable items of |
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| agricultural
production, including
but not
limited to grain |
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| elevators, grain bins, and barns. The act described in item (d) |
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| is a Class 4
felony if the
damage to property does not exceed |
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| $10,000. The act
described in item (g) is a Class 4 felony. The |
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| acts described in items (a),
(b), (c), (e), and (f) are Class 4 |
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| felonies if the damage to property
exceeds $300 but does not |
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| exceed $10,000. The acts described in items (a)
through (f) are |
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| Class 3 felonies if the damage to property exceeds $300 but
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| does not exceed $10,000 if the damage occurs to property of a |
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| school
or place
of worship or to farm equipment or immovable |
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| items of agricultural
production,
including
but not
limited to |
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| grain elevators, grain bins, and barns. The acts described in |
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| items (a)
through (f) are Class 3 felonies if the damage to |
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HB4177 |
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LRB096 09833 RLC 19996 b |
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| property
exceeds $10,000 but does not exceed $100,000. The acts |
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| described in items
(a) through (f) are Class 2 felonies if the |
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| damage to property exceeds $10,000
but does not exceed $100,000 |
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| if the damage occurs to property of a school
or
place of |
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| worship or to farm equipment or immovable items
of agricultural |
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| production, including
but not
limited to grain elevators, grain |
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| bins, and barns.
The acts described in items
(a) through (f) |
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| are Class 2 felonies if the damage to property exceeds
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| $100,000. The acts described in items (a) through (f) are Class |
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| 1 felonies
if the damage to property exceeds $100,000 and the |
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| damage occurs to property of
a school or place of worship or to |
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| farm equipment or immovable items
of agricultural production, |
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| including
but not
limited to grain elevators, grain bins, and |
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| barns.
If the damage to property exceeds $10,000,
the
court |
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| shall impose
upon the offender a fine equal to the value of the |
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| damages to the property.
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| For the purposes of this subsection (2), "farm equipment" |
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| means machinery
or
other equipment used in farming.
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| (3) In addition to any other sentence that may be imposed, |
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| a court shall
order any person convicted of criminal damage to |
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| property to perform community
service for not less than 30 and |
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| not more than 120 hours, if community service
is available in |
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| the jurisdiction
and is funded and approved by the county board |
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| of the county where the
offense was committed.
In addition, |
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| whenever any person is placed
on supervision for an alleged |
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| offense under this Section, the supervision shall
be |
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HB4177 |
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LRB096 09833 RLC 19996 b |
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| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a |
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| sentence of
incarceration.
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| (4) In addition to any criminal penalties imposed for a |
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| violation of this Section, if a person is convicted of or |
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| placed on supervision for knowingly damaging or destroying |
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| crops of another, including crops intended for personal, |
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| commercial, research, or developmental purposes, the person is |
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| liable in a civil action to the owner of any crops damaged or |
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| destroyed for money damages up to twice the market value of the |
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| crops damaged or destroyed. |
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| (Source: P.A. 94-509, eff. 8-9-05; 95-553, eff. 6-1-08.)
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| Section 99. Effective date. This Act takes effect July 1, |
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| 2009.
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