Full Text of SB3008 94th General Assembly
SB3008 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB3008
Introduced 1/20/2006, by Sen. Gary G. Dahl - Peter J. Roskam - Wendell E. Jones SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Increases the penalties for criminal defacement of property by one class if the damage to the property was streetgang related.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3008 |
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LRB094 18885 RLC 54329 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 21-1.3 as follows:
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| (720 ILCS 5/21-1.3)
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| Sec. 21-1.3. Criminal defacement of property.
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| (a) A person commits criminal defacement of property when | 9 |
| the person
knowingly damages the property of another without | 10 |
| his or her consent by
defacing, deforming, or otherwise | 11 |
| damaging the property by the use of paint or
any other similar | 12 |
| substance, or by the use of a writing instrument, etching
tool, | 13 |
| or any other similar device.
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| (b) Criminal defacement of property is a Class A | 15 |
| misdemeanor for a
first offense if the damage to the property | 16 |
| does not exceed $300. Criminal defacement of property is a | 17 |
| Class 4 felony for a first offense if the damage to property | 18 |
| does not exceed $300 and the damage to property is streetgang | 19 |
| related. Criminal
defacement of property is a Class 4 felony if | 20 |
| the damage to property does not
exceed $300 and the property | 21 |
| damaged is a school building or place of
worship. Criminal
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| defacement of property is a Class 3 felony if the damage to | 23 |
| property does not
exceed $300, the property damaged is a school | 24 |
| building or place of
worship, and the damage to property is | 25 |
| streetgang related. Criminal
defacement of property is a Class | 26 |
| 4 felony for a second or subsequent
conviction or if the damage | 27 |
| to the property exceeds $300.
Criminal
defacement of property | 28 |
| is a Class 3 felony for a second or subsequent
conviction if | 29 |
| the damage to property is streetgang related or if the damage | 30 |
| to the property exceeds $300 and the damage to property is | 31 |
| streetgang related. Criminal defacement of property is a Class | 32 |
| 3 felony if the damage to property
exceeds $300 and the |
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SB3008 |
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LRB094 18885 RLC 54329 b |
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| property damaged is a school building or place of
worship. | 2 |
| Criminal defacement of property is a Class 2 felony if the | 3 |
| damage to property
exceeds $300, the property damaged is a | 4 |
| school building or place of
worship, and the damage to property | 5 |
| is streetgang related.
In addition to any other sentence that | 6 |
| may be imposed
for a violation of this Section that is | 7 |
| chargeable as a Class 2, Class 3 , or Class 4
felony,
a person | 8 |
| convicted of
criminal defacement of
property shall be subject | 9 |
| to a mandatory minimum fine of $500 plus the
actual costs | 10 |
| incurred
by the property owner or the unit of government to | 11 |
| abate, remediate,
repair, or remove the effect of the damage to | 12 |
| the property. To the extent
permitted by law, reimbursement for | 13 |
| the costs of abatement, remediation,
repair, or removal shall | 14 |
| be payable to the person who incurred the costs.
In addition to | 15 |
| any
other sentence that may be imposed, a court shall order any | 16 |
| person convicted of
criminal defacement of property to perform | 17 |
| community service for not less than
30 and not more than 120 | 18 |
| hours, if community service is available in the
jurisdiction. | 19 |
| The community service shall include, but need
not be limited | 20 |
| to, the cleanup and repair of the damage to property that was
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| caused by the offense, or similar damage to property located in | 22 |
| the
municipality or county in which the offense occurred.
If | 23 |
| the property damaged is a school building, the community | 24 |
| service may
include cleanup, removal, or painting over the | 25 |
| defacement.
In addition, whenever any
person is placed on | 26 |
| supervision for an alleged offense under this Section, the
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| supervision shall be conditioned
upon the performance of the | 28 |
| community service. | 29 |
| (c) In this Section, "streetgang related" has the meaning | 30 |
| ascribed to it in Section 10 of the Streetgang Terrorism | 31 |
| Omnibus Prevention Act.
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| (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; | 33 |
| 91-931, eff. 6-1-01.)
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