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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 21-1 as follows: | ||||||
6 | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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7 | Sec. 21-1. Criminal damage to property.
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8 | (1) A person commits an illegal act when he:
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9 | (a) knowingly damages any property of another;
or
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10 | (b) recklessly by means of fire or explosive damages | ||||||
11 | property of
another; or
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12 | (c) knowingly starts a fire on the land of another; or
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13 | (d) knowingly injures a domestic animal of another | ||||||
14 | without his
consent; or
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15 | (e) knowingly deposits on the land or in the building | ||||||
16 | of another any stink bomb or any offensive smelling | ||||||
17 | compound
and thereby intends to interfere with the use by | ||||||
18 | another of the land or
building; or
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19 | (f) damages any property, other than as described in | ||||||
20 | subsection (b) of
Section 20-1, with intent to defraud an | ||||||
21 | insurer; or
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22 | (g) knowingly shoots a firearm at any portion of a | ||||||
23 | railroad train.
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1 | When the charge of criminal damage to property exceeding a | ||||||
2 | specified
value is brought, the extent of the damage is an | ||||||
3 | element of the offense to
be resolved by the trier of fact as | ||||||
4 | either exceeding or not exceeding
the specified value.
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5 | It is an affirmative defense to a violation of item (a), | ||||||
6 | (c), or (e) of this Section that the owner of the property or | ||||||
7 | land damaged consented to such damage.
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8 | (2) The acts described in items (a), (b), (c), (e), and (f)
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9 | are Class
A misdemeanors if the damage to property does not | ||||||
10 | exceed $300.
The acts
described in items (a), (b), (c), (e), | ||||||
11 | and (f) are Class 4
felonies if the damage to
property does not | ||||||
12 | exceed $300 if the damage occurs to property of a school
or
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13 | place of worship or to farm equipment or immovable items of | ||||||
14 | agricultural
production, including
but not
limited to grain | ||||||
15 | elevators, grain bins, and barns. The act described in item (d) | ||||||
16 | is a Class 4
felony if the
damage to property does not exceed | ||||||
17 | $10,000. The act
described in item (g) is a Class 4 felony. The | ||||||
18 | acts described in items (a),
(b), (c), (e), and (f) are Class 4 | ||||||
19 | felonies if the damage to property
exceeds $300 but does not | ||||||
20 | exceed $10,000. The acts described in items (a)
through (f) are | ||||||
21 | Class 3 felonies if the damage to property exceeds $300 but
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22 | does not exceed $10,000 if the damage occurs to property of a | ||||||
23 | school
or place
of worship or to farm equipment or immovable | ||||||
24 | items of agricultural
production,
including
but not
limited to | ||||||
25 | grain elevators, grain bins, and barns. The acts described in | ||||||
26 | items (a)
through (f) are Class 3 felonies if the damage to |
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1 | property
exceeds $10,000 but does not exceed $100,000. The acts | ||||||
2 | described in items
(a) through (f) are Class 2 felonies if the | ||||||
3 | damage to property exceeds $10,000
but does not exceed $100,000 | ||||||
4 | if the damage occurs to property of a school
or
place of | ||||||
5 | worship or to farm equipment or immovable items
of agricultural | ||||||
6 | production, including
but not
limited to grain elevators, grain | ||||||
7 | bins, and barns.
The acts described in items
(a) through (f) | ||||||
8 | are Class 2 felonies if the damage to property exceeds
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9 | $100,000. The acts described in items (a) through (f) are Class | ||||||
10 | 1 felonies
if the damage to property exceeds $100,000 and the | ||||||
11 | damage occurs to property of
a school or place of worship or to | ||||||
12 | farm equipment or immovable items
of agricultural production, | ||||||
13 | including
but not
limited to grain elevators, grain bins, and | ||||||
14 | barns.
If the damage to property exceeds $10,000,
the
court | ||||||
15 | shall impose
upon the offender a fine equal to the value of the | ||||||
16 | damages to the property.
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17 | For the purposes of this subsection (2), "farm equipment" | ||||||
18 | means machinery
or
other equipment used in farming.
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19 | (3) In addition to any other sentence that may be imposed, | ||||||
20 | a court shall
order any person convicted of criminal damage to | ||||||
21 | property to perform community
service for not less than 30 and | ||||||
22 | not more than 120 hours, if community service
is available in | ||||||
23 | the jurisdiction
and is funded and approved by the county board | ||||||
24 | of the county where the
offense was committed.
In addition, | ||||||
25 | whenever any person is placed
on supervision for an alleged | ||||||
26 | offense under this Section, the supervision shall
be |
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1 | conditioned upon the performance of the community service.
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2 | This subsection does not apply when the court imposes a | ||||||
3 | sentence of
incarceration.
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4 | (4) In addition to any criminal penalties imposed for a | ||||||
5 | violation of this Section, if a person is convicted of or | ||||||
6 | placed on supervision for knowingly damaging or destroying | ||||||
7 | crops of another, including crops intended for personal, | ||||||
8 | commercial, research, or developmental purposes, the person is | ||||||
9 | liable in a civil action to the owner of any crops damaged or | ||||||
10 | destroyed for money damages up to twice the market value of the | ||||||
11 | crops damaged or destroyed. | ||||||
12 | (Source: P.A. 94-509, eff. 8-9-05; 95-553, eff. 6-1-08 .)
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13 | Section 99. Effective date. This Act takes effect July 1, | ||||||
14 | 2009.
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