Sen. Andy Manar

Filed: 5/7/2013

 

 


 

 


 
09800HB3043sam001LRB098 09361 RLC 45469 a

1
AMENDMENT TO HOUSE BILL 3043

2    AMENDMENT NO. ______. Amend House Bill 3043 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 21-1.3 as follows:
 
6    (720 ILCS 5/21-1.3)
7    Sec. 21-1.3. Criminal defacement of property.
8    (a) A person commits criminal defacement of property when
9the person knowingly damages the property of another by
10defacing, deforming, or otherwise damaging the property by the
11use of paint or any other similar substance, or by the use of a
12writing instrument, etching tool, or any other similar device.
13It is an affirmative defense to a violation of this Section
14that the owner of the property damaged consented to such
15damage.
16    (b) Sentence.

 

 

09800HB3043sam001- 2 -LRB098 09361 RLC 45469 a

1    (1) Criminal defacement of property is a Class A
2misdemeanor for a first offense when the aggregate value of the
3damage to the property does not exceed $300. Criminal
4defacement of property is a Class 4 felony when the aggregate
5value of the damage to property does not exceed $300 and the
6property damaged is a school building or place of worship.
7Criminal defacement of property is a Class 4 felony for a
8second or subsequent conviction or when the aggregate value of
9the damage to the property exceeds $300. Criminal defacement of
10property is a Class 3 felony when the aggregate value of the
11damage to property exceeds $300 and the property damaged is a
12school building or place of worship.
13    (2) In addition to any other sentence that may be imposed
14for a violation of this Section that is chargeable as a Class 3
15or Class 4 felony, a person convicted of criminal defacement of
16property shall:
17        (A) pay be subject to a mandatory minimum fine of $500
18    plus the actual costs incurred by the property owner or the
19    unit of government to abate, remediate, repair, or remove
20    the effect of the damage to the property. To the extent
21    permitted by law, reimbursement for the costs of abatement,
22    remediation, repair, or removal shall be payable to the
23    person who incurred the costs; and
24        (B) if convicted of criminal defacement of property
25    that is chargeable as a Class 3 or Class 4 felony pay a
26    mandatory minimum fine of $500.

 

 

09800HB3043sam001- 3 -LRB098 09361 RLC 45469 a

1    (3) In addition to any other sentence that may be imposed,
2a court shall order any person convicted of criminal defacement
3of property to perform community service for not less than 30
4and not more than 120 hours, if community service is available
5in the jurisdiction. The community service shall include, but
6need not be limited to, the cleanup and repair of the damage to
7property that was caused by the offense, or similar damage to
8property located in the municipality or county in which the
9offense occurred. When the property damaged is a school
10building, the community service may include cleanup, removal,
11or painting over the defacement. In addition, whenever any
12person is placed on supervision for an alleged offense under
13this Section, the supervision shall be conditioned upon the
14performance of the community service.
15    (4) For the purposes of this subsection (b), aggregate
16value shall be determined by adding the value of the damage to
17one or more properties if the offenses were committed as part
18of a single course of conduct.
19(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".