HB4177 Engrossed

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.


 


 






HB4177 Engrossed
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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 
 


 






HB4177 Engrossed
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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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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.