Full Text of HB5802 94th General Assembly
HB5802 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5802
Introduced 07/19/06, by Rep. Terry R. Parke SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/21-1 |
from Ch. 38, par. 21-1 |
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Amends the Criminal Code of 1961 relating to criminal damage to property. Enhances the penalties for criminal damage to property by one class if the property damaged is property of a law enforcement agency used for the enforcement of the criminal and traffic laws and ordinances of this State or a unit of local government.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5802 |
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LRB094 21054 RLC 59381 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 | 5 |
| Section 21-1 as follows: | 6 |
| (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 without | 10 |
| his consent;
or
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| (b) recklessly by means of fire or explosive damages | 12 |
| property of
another; or
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| (c) knowingly starts a fire on the land of another | 14 |
| without his
consent; or
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| (d) knowingly injures a domestic animal of another | 16 |
| without his
consent; or
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| (e) knowingly deposits on the land or in the building | 18 |
| of another,
without his consent, any stink bomb or any | 19 |
| offensive smelling compound
and thereby intends to | 20 |
| interfere with the use by another of the land or
building; | 21 |
| or
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| (f) damages any property, other than as described in | 23 |
| subsection (b) of
Section 20-1, with intent to defraud an | 24 |
| insurer; or
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| (g) knowingly shoots a firearm at any portion of a | 26 |
| railroad train.
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| When the charge of criminal damage to property exceeding a | 28 |
| specified
value is brought, the extent of the damage is an | 29 |
| element of the offense to
be resolved by the trier of fact as | 30 |
| either exceeding or not exceeding
the specified value.
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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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HB5802 |
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LRB094 21054 RLC 59381 b |
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| exceed $300.
The acts
described in items (a), (b), (c), (e), | 2 |
| and (f) are Class 4
felonies if the damage to
property does not | 3 |
| exceed $300 if the damage occurs to property of a law | 4 |
| enforcement agency used for the enforcement of the criminal and | 5 |
| traffic laws and ordinances of this State or a unit of local | 6 |
| government or a school
or
place of worship or to farm equipment | 7 |
| or immovable items of agricultural
production, including
but | 8 |
| not
limited to grain elevators, grain bins, and barns. The act | 9 |
| described in item (d) is a Class 4
felony if the
damage to | 10 |
| property does not exceed $10,000. The act
described in item (g) | 11 |
| is a Class 4 felony. The acts described in items (a),
(b), (c), | 12 |
| (e), and (f) are Class 4 felonies if the damage to property
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| exceeds $300 but does not exceed $10,000. The acts described in | 14 |
| items (a)
through (f) are Class 3 felonies if the damage to | 15 |
| property exceeds $300 but
does not exceed $10,000 if the damage | 16 |
| occurs to property of a law enforcement agency used for the | 17 |
| enforcement of the criminal and traffic laws and ordinances of | 18 |
| this State or a unit of local government or a school
or place
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| of worship or to farm equipment or immovable items of | 20 |
| agricultural
production,
including
but not
limited to grain | 21 |
| elevators, grain bins, and barns. The acts described in items | 22 |
| (a)
through (f) are Class 3 felonies if the damage to property
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| exceeds $10,000 but does not exceed $100,000. The acts | 24 |
| described in items
(a) through (f) are Class 2 felonies if the | 25 |
| damage to property exceeds $10,000
but does not exceed $100,000 | 26 |
| if the damage occurs to property of a law enforcement agency | 27 |
| used for the enforcement of the criminal and traffic laws and | 28 |
| ordinances of this State or a unit of local government or a
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| school
or
place of worship or to farm equipment or immovable | 30 |
| items
of agricultural production, including
but not
limited to | 31 |
| grain elevators, grain bins, and barns.
The acts described in | 32 |
| items
(a) through (f) are Class 2 felonies if the damage to | 33 |
| property exceeds
$100,000. The acts described in items (a) | 34 |
| through (f) are Class 1 felonies
if the damage to property | 35 |
| exceeds $100,000 and the damage occurs to property of
a law | 36 |
| enforcement agency used for the enforcement of the criminal and |
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HB5802 |
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LRB094 21054 RLC 59381 b |
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| traffic laws and ordinances of this State or a unit of local | 2 |
| government or a school or place of worship or to farm equipment | 3 |
| or immovable items
of agricultural production, including
but | 4 |
| not
limited to grain elevators, grain bins, and barns.
If the | 5 |
| damage to property exceeds $10,000,
the
court shall impose
upon | 6 |
| the offender a fine equal to the value of the damages to the | 7 |
| property.
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| For the purposes of this subsection (2), "farm equipment" | 9 |
| means machinery
or
other equipment used in farming and | 10 |
| "property of a law enforcement agency used for the enforcement | 11 |
| of the criminal and traffic laws and ordinances of this State | 12 |
| or a unit of local government" includes, but is not limited to, | 13 |
| a police vehicle, police dog or horse, or police surveillance | 14 |
| equipment or any other equipment used by a law enforcement | 15 |
| agency of this State or a unit of local government for the | 16 |
| enforcement of the criminal and traffic laws or ordinances of | 17 |
| this State or a unit of local government .
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| (3) In addition to any other sentence that may be imposed, | 19 |
| a court shall
order any person convicted of criminal damage to | 20 |
| property to perform community
service for not less than 30 and | 21 |
| not more than 120 hours, if community service
is available in | 22 |
| the jurisdiction
and is funded and approved by the county board | 23 |
| of the county where the
offense was committed.
In addition, | 24 |
| whenever any person is placed
on supervision for an alleged | 25 |
| offense under this Section, the supervision shall
be | 26 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 28 |
| sentence of
incarceration.
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| (Source: P.A. 94-509, eff. 8-9-05.)
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