SB2231 EnrolledLRB098 08864 RLC 38994 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 21-1 and 21-1.3 as follows:
 
6    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
7    Sec. 21-1. Criminal damage to property.
8    (a) A person commits criminal damage to property when he or
9she:
10        (1) knowingly damages any property of another;
11        (2) recklessly by means of fire or explosive damages
12    property of another;
13        (3) knowingly starts a fire on the land of another;
14        (4) knowingly injures a domestic animal of another
15    without his or her consent;
16        (5) knowingly deposits on the land or in the building
17    of another any stink bomb or any offensive smelling
18    compound and thereby intends to interfere with the use by
19    another of the land or building;
20        (6) knowingly damages any property, other than as
21    described in paragraph (2) of subsection (a) of Section
22    20-1, with intent to defraud an insurer;
23        (7) knowingly shoots a firearm at any portion of a

 

 

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1    railroad train;
2        (8) knowingly, without proper authorization, cuts,
3    injures, damages, defaces, destroys, or tampers with any
4    fire hydrant or any public or private fire fighting
5    equipment, or any apparatus appertaining to fire fighting
6    equipment; or
7        (9) intentionally, without proper authorization, opens
8    any fire hydrant.
9    (b) When the charge of criminal damage to property
10exceeding a specified value is brought, the extent of the
11damage is an element of the offense to be resolved by the trier
12of fact as either exceeding or not exceeding the specified
13value.
14    (c) It is an affirmative defense to a violation of
15paragraph (1), (3), or (5) of subsection (a) of this Section
16that the owner of the property or land damaged consented to the
17damage.
18    (d) Sentence.
19        (1) A violation of subsection (a) shall have the
20    following penalties:
21            (A) A violation of paragraph (8) or (9) is a Class
22        B misdemeanor.
23            (B) A violation of paragraph (1), (2), (3), (5), or
24        (6) is a Class A misdemeanor when the damage to
25        property does not exceed $300.
26             (C) A violation of paragraph (1), (2), (3), (5),

 

 

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1        or (6) is a Class 4 felony when the damage to property
2        does not exceed $300 and the damage occurs to property
3        of a school or place of worship or to farm equipment or
4        immovable items of agricultural production, including
5        but not limited to grain elevators, grain bins, and
6        barns or property which memorializes or honors an
7        individual or group of police officers, fire fighters,
8        members of the United States Armed Forces, National
9        Guard, or veterans.
10             (D) A violation of paragraph (4) is a Class 4
11        felony when the damage to property does not exceed
12        $10,000.
13             (E) A violation of paragraph (7) is a Class 4
14        felony.
15             (F) A violation of paragraph (1), (2), (3), (5) or
16        (6) is a Class 4 felony when the damage to property
17        exceeds $300 but does not exceed $10,000.
18             (G) A violation of paragraphs (1) through (6) is a
19        Class 3 felony when the damage to property exceeds $300
20        but does not exceed $10,000 and the damage occurs to
21        property of a school or place of worship or to farm
22        equipment or immovable items of agricultural
23        production, including but not limited to grain
24        elevators, grain bins, and barns or property which
25        memorializes or honors an individual or group of police
26        officers, fire fighters, members of the United States

 

 

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1        Armed Forces, National Guard, or veterans.
2             (H) A violation of paragraphs (1) through (6) is a
3        Class 3 felony when the damage to property exceeds
4        $10,000 but does not exceed $100,000.
5             (I) A violation of paragraphs (1) through (6) is a
6        Class 2 felony when the damage to property exceeds
7        $10,000 but does not exceed $100,000 and the damage
8        occurs to property of a school or place of worship or
9        to farm equipment or immovable items of agricultural
10        production, including but not limited to grain
11        elevators, grain bins, and barns or property which
12        memorializes or honors an individual or group of police
13        officers, fire fighters, members of the United States
14        Armed Forces, National Guard, or veterans.
15             (J) A violation of paragraphs (1) through (6) is a
16        Class 2 felony when the damage to property exceeds
17        $100,000. A violation of paragraphs (1) through (6) is
18        a Class 1 felony when the damage to property exceeds
19        $100,000 and the damage occurs to property of a school
20        or place of worship or to farm equipment or immovable
21        items of agricultural production, including but not
22        limited to grain elevators, grain bins, and barns or
23        property which memorializes or honors an individual or
24        group of police officers, fire fighters, members of the
25        United States Armed Forces, National Guard, or
26        veterans.

 

 

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1        (2) When the damage to property exceeds $10,000, the
2    court shall impose upon the offender a fine equal to the
3    value of the damages to the property.
4        (3) In addition to any other sentence that may be
5    imposed, a court shall order any person convicted of
6    criminal damage to property to perform community service
7    for not less than 30 and not more than 120 hours, if
8    community service is available in the jurisdiction and is
9    funded and approved by the county board of the county where
10    the offense was committed. In addition, whenever any person
11    is placed on supervision for an alleged offense under this
12    Section, the supervision shall be conditioned upon the
13    performance of the community service.
14        The community service requirement does not apply when
15    the court imposes a sentence of incarceration.
16        (4) In addition to any criminal penalties imposed for a
17    violation of this Section, if a person is convicted of or
18    placed on supervision for knowingly damaging or destroying
19    crops of another, including crops intended for personal,
20    commercial, research, or developmental purposes, the
21    person is liable in a civil action to the owner of any
22    crops damaged or destroyed for money damages up to twice
23    the market value of the crops damaged or destroyed.
24        (5) For the purposes of this subsection (d), "farm
25    equipment" means machinery or other equipment used in
26    farming.

 

 

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1(Source: P.A. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
 
2    (720 ILCS 5/21-1.3)
3    Sec. 21-1.3. Criminal defacement of property.
4    (a) A person commits criminal defacement of property when
5the person knowingly damages the property of another by
6defacing, deforming, or otherwise damaging the property by the
7use of paint or any other similar substance, or by the use of a
8writing instrument, etching tool, or any other similar device.
9It is an affirmative defense to a violation of this Section
10that the owner of the property damaged consented to such
11damage.
12    (b) Sentence.
13    (1) Criminal defacement of property is a Class A
14misdemeanor for a first offense when the aggregate value of the
15damage to the property does not exceed $300. Criminal
16defacement of property is a Class 4 felony when the aggregate
17value of the damage to property does not exceed $300 and the
18property damaged is a school building or place of worship or
19property which memorializes or honors an individual or group of
20police officers, fire fighters, members of the United States
21Armed Forces, National Guard, or veterans. Criminal defacement
22of property is a Class 4 felony for a second or subsequent
23conviction or when the aggregate value of the damage to the
24property exceeds $300. Criminal defacement of property is a
25Class 3 felony when the aggregate value of the damage to

 

 

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1property exceeds $300 and the property damaged is a school
2building or place of worship or property which memorializes or
3honors an individual or group of police officers, fire
4fighters, members of the United States Armed Forces, National
5Guard, or veterans.
6    (2) In addition to any other sentence that may be imposed
7for a violation of this Section that is chargeable as a Class 3
8or Class 4 felony, a person convicted of criminal defacement of
9property shall be subject to a mandatory minimum fine of $500
10plus the actual costs incurred by the property owner or the
11unit of government to abate, remediate, repair, or remove the
12effect of the damage to the property. To the extent permitted
13by law, reimbursement for the costs of abatement, remediation,
14repair, or removal shall be payable to the person who incurred
15the costs.
16    (3) In addition to any other sentence that may be imposed,
17a court shall order any person convicted of criminal defacement
18of property to perform community service for not less than 30
19and not more than 120 hours, if community service is available
20in the jurisdiction. The community service shall include, but
21need not be limited to, the cleanup and repair of the damage to
22property that was caused by the offense, or similar damage to
23property located in the municipality or county in which the
24offense occurred. When the property damaged is a school
25building, the community service may include cleanup, removal,
26or painting over the defacement. In addition, whenever any

 

 

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1person is placed on supervision for an alleged offense under
2this Section, the supervision shall be conditioned upon the
3performance of the community service.
4    (4) For the purposes of this subsection (b), aggregate
5value shall be determined by adding the value of the damage to
6one or more properties if the offenses were committed as part
7of a single course of conduct.
8(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)