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| | HB3043 Enrolled | | LRB098 09361 RLC 41555 b |
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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 2012 is amended by changing |
| 5 | | Section 21-1.3 as follows:
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| 6 | | (720 ILCS 5/21-1.3)
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| 7 | | Sec. 21-1.3. Criminal defacement of property.
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| 8 | | (a) A person commits criminal defacement of property when |
| 9 | | the person
knowingly damages the property of another by
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| 10 | | defacing, deforming, or otherwise damaging the property by the |
| 11 | | use of paint or
any other similar substance, or by the use of a |
| 12 | | writing instrument, etching
tool, or any other similar device. |
| 13 | | It is an affirmative defense to a violation of this Section |
| 14 | | that the owner of the property damaged consented to such |
| 15 | | damage.
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| 16 | | (b) Sentence. |
| 17 | | (1) Criminal defacement of property is a Class A |
| 18 | | misdemeanor for a
first offense when the aggregate value of the |
| 19 | | damage to the property does not exceed $300. Criminal
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| 20 | | defacement of property is a Class 4 felony when the aggregate |
| 21 | | value of the damage to property does not
exceed $300 and the |
| 22 | | property damaged is a school building or place of
worship. |
| 23 | | Criminal
defacement of property is a Class 4 felony for a |
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| 1 | | second or subsequent
conviction or when the aggregate value of |
| 2 | | the damage to the property exceeds $300.
Criminal defacement of |
| 3 | | property is a Class 3 felony when the aggregate value of the |
| 4 | | damage to property
exceeds $300 and the property damaged is a |
| 5 | | school building or place of
worship.
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| 6 | | (2) In addition to any other sentence that may be imposed
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| 7 | | for a violation of this Section that is chargeable as a Class 3 |
| 8 | | or Class 4
felony,
a person convicted of
criminal defacement of
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| 9 | | property shall: |
| 10 | | (A) pay be subject to a mandatory minimum fine of $500 |
| 11 | | plus the
actual costs incurred
by the property owner or the |
| 12 | | unit of government to abate, remediate,
repair, or remove |
| 13 | | the effect of the damage to the property. To the extent
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| 14 | | permitted by law, reimbursement for the costs of abatement, |
| 15 | | remediation,
repair, or removal shall be payable to the |
| 16 | | person who incurred the costs; and |
| 17 | | (B) if convicted of criminal defacement of property |
| 18 | | that is chargeable as a Class 3 or Class 4 felony pay a |
| 19 | | mandatory minimum fine of $500.
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| 20 | | (3) In addition to any
other sentence that may be imposed, |
| 21 | | a court shall order any person convicted of
criminal defacement |
| 22 | | of property to perform community service for not less than
30 |
| 23 | | and not more than 120 hours, if community service is available |
| 24 | | in the
jurisdiction. The community service shall include, but |
| 25 | | need
not be limited to, the cleanup and repair of the damage to |
| 26 | | property that was
caused by the offense, or similar damage to |
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| 1 | | property located in the
municipality or county in which the |
| 2 | | offense occurred.
When the property damaged is a school |
| 3 | | building, the community service may
include cleanup, removal, |
| 4 | | or painting over the defacement.
In addition, whenever any
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| 5 | | person is placed on supervision for an alleged offense under |
| 6 | | this Section, the
supervision shall be conditioned
upon the |
| 7 | | performance of the community service. |
| 8 | | (4) For the purposes of this subsection (b), aggregate |
| 9 | | value shall be determined by adding the value of the damage to |
| 10 | | one or more properties if the offenses were committed as part |
| 11 | | of a single course of conduct.
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| 12 | | (Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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| 13 | | Section 99. Effective date. This Act takes effect upon |
| 14 | | becoming law.
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