Full Text of SB2279 95th General Assembly
SB2279 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2279
Introduced 2/14/2008, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Makes technical changes in a Section concerning criminal defacement of property.
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A BILL FOR
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SB2279 |
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LRB095 19567 RLC 45891 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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| (Text of Section before amendment by P.A. 95-553 )
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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 | 10 |
| the the person
knowingly damages the property of another | 11 |
| without his or her consent by
defacing, deforming, or otherwise | 12 |
| damaging the property by the use of paint or
any other similar | 13 |
| substance, or by the use of a writing instrument, etching
tool, | 14 |
| or any other similar device.
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| (b) Criminal defacement of property is a Class A | 16 |
| misdemeanor for a
first offense if the damage to the property | 17 |
| does not exceed $300. Criminal
defacement of property is a | 18 |
| Class 4 felony if the damage to property does not
exceed $300 | 19 |
| and the property damaged is a school building or place of
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| worship. Criminal
defacement of property is a Class 4 felony | 21 |
| for a second or subsequent
conviction or if the damage to the | 22 |
| property exceeds $300.
Criminal defacement of property is a | 23 |
| Class 3 felony if the damage to property
exceeds $300 and the |
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SB2279 |
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LRB095 19567 RLC 45891 b |
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| property damaged is a school building or place of
worship.
In | 2 |
| addition to any other sentence that may be imposed
for a | 3 |
| violation of this Section that is chargeable as a Class 3 or | 4 |
| Class 4
felony,
a person convicted of
criminal defacement of
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| property shall be subject to a mandatory minimum fine of $500 | 6 |
| plus the
actual costs incurred
by the property owner or the | 7 |
| unit of government to abate, remediate,
repair, or remove the | 8 |
| effect of the damage to the property. To the extent
permitted | 9 |
| by law, reimbursement for the costs of abatement, remediation,
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| repair, or removal shall be payable to the person who incurred | 11 |
| the costs.
In addition to any
other sentence that may be | 12 |
| imposed, a court shall order any person convicted of
criminal | 13 |
| defacement of property to perform community service for not | 14 |
| less than
30 and not more than 120 hours, if community service | 15 |
| is available in the
jurisdiction. The community service shall | 16 |
| include, but need
not be limited to, the cleanup and repair of | 17 |
| the damage to property that was
caused by the offense, or | 18 |
| similar damage to property located in the
municipality or | 19 |
| county in which the offense occurred.
If the property damaged | 20 |
| is a school building, the community service may
include | 21 |
| cleanup, removal, or painting over the defacement.
In addition, | 22 |
| whenever any
person is placed on supervision for an alleged | 23 |
| offense under this Section, the
supervision shall be | 24 |
| conditioned
upon the performance of the community service.
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| (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; | 26 |
| 91-931, eff. 6-1-01.)
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SB2279 |
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LRB095 19567 RLC 45891 b |
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| 1 |
| (Text of Section after amendment by P.A. 95-553 )
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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 | 4 |
| the the person
knowingly damages the property of another by
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| defacing, deforming, or otherwise damaging the property by the | 6 |
| use of paint or
any other similar substance, or by the use of a | 7 |
| writing instrument, etching
tool, or any other similar device. | 8 |
| It is an affirmative defense to a violation of this Section | 9 |
| that the owner of the property damaged consented to such | 10 |
| damage.
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| (b) Criminal defacement of property is a Class A | 12 |
| misdemeanor for a
first offense if the damage to the property | 13 |
| does not exceed $300. Criminal
defacement of property is a | 14 |
| Class 4 felony if the damage to property does not
exceed $300 | 15 |
| and the property damaged is a school building or place of
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| worship. Criminal
defacement of property is a Class 4 felony | 17 |
| for a second or subsequent
conviction or if the damage to the | 18 |
| property exceeds $300.
Criminal defacement of property is a | 19 |
| Class 3 felony if the damage to property
exceeds $300 and the | 20 |
| property damaged is a school building or place of
worship.
In | 21 |
| addition to any other sentence that may be imposed
for a | 22 |
| violation of this Section that is chargeable as a Class 3 or | 23 |
| Class 4
felony,
a person convicted of
criminal defacement of
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| property shall be subject to a mandatory minimum fine of $500 | 25 |
| plus the
actual costs incurred
by the property owner or the |
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SB2279 |
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LRB095 19567 RLC 45891 b |
|
| 1 |
| unit of government to abate, remediate,
repair, or remove the | 2 |
| effect of the damage to the property. To the extent
permitted | 3 |
| by law, reimbursement for the costs of abatement, remediation,
| 4 |
| repair, or removal shall be payable to the person who incurred | 5 |
| the costs.
In addition to any
other sentence that may be | 6 |
| imposed, a court shall order any person convicted of
criminal | 7 |
| defacement of property to perform community service for not | 8 |
| less than
30 and not more than 120 hours, if community service | 9 |
| is available in the
jurisdiction. The community service shall | 10 |
| include, but need
not be limited to, the cleanup and repair of | 11 |
| the damage to property that was
caused by the offense, or | 12 |
| similar damage to property located in the
municipality or | 13 |
| county in which the offense occurred.
If the property damaged | 14 |
| is a school building, the community service may
include | 15 |
| cleanup, removal, or painting over the defacement.
In addition, | 16 |
| whenever any
person is placed on supervision for an alleged | 17 |
| offense under this Section, the
supervision shall be | 18 |
| conditioned
upon the performance of the community service.
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| (Source: P.A. 95-553, eff. 6-1-08.)
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| Section 95. No acceleration or delay. Where this Act makes | 21 |
| changes in a statute that is represented in this Act by text | 22 |
| that is not yet or no longer in effect (for example, a Section | 23 |
| represented by multiple versions), the use of that text does | 24 |
| not accelerate or delay the taking effect of (i) the changes | 25 |
| made by this Act or (ii) provisions derived from any other |
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SB2279 |
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LRB095 19567 RLC 45891 b |
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| Public Act.
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