Full Text of HB0102 97th General Assembly
HB0102eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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)
| 7 | | Sec. 21-1. Criminal damage to property.
| 8 | | (1) A person commits an illegal act when he:
| 9 | | (a) knowingly damages any property of another;
or
| 10 | | (b) recklessly by means of fire or explosive damages | 11 | | property of
another; or
| 12 | | (c) knowingly starts a fire on the land of another; or
| 13 | | (d) knowingly injures a domestic animal of another | 14 | | without his
consent; or
| 15 | | (e) knowingly deposits on the land or in the building | 16 | | of another any stink bomb or any offensive smelling | 17 | | compound
and thereby intends to interfere with the use by | 18 | | another of the land or
building; or
| 19 | | (f) damages any property, other than as described in | 20 | | subsection (b) of
Section 20-1, with intent to defraud an | 21 | | insurer; or
| 22 | | (g) knowingly shoots a firearm at any portion of a | 23 | | railroad train.
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| 1 | | When the charge of criminal damage to property exceeding a | 2 | | specified
value is brought, the extent of the damage is an | 3 | | element of the offense to
be resolved by the trier of fact as | 4 | | either exceeding or not exceeding
the specified value.
| 5 | | It is an affirmative defense to a violation of item (a), | 6 | | (c), or (e) of this Section that the owner of the property or | 7 | | land damaged consented to such damage.
| 8 | | For the purposes of this subsection (1), "property of | 9 | | another" means a building or other property, whether real or | 10 | | personal, in which a person other than the offender has an | 11 | | interest which the offender has no authority to defeat or | 12 | | impair, even though the offender may also have an interest in | 13 | | the building or property. | 14 | | (2) The acts described in items (a), (b), (c), (e), and (f)
| 15 | | are Class
A misdemeanors if the damage to property does not | 16 | | exceed $300.
The acts
described in items (a), (b), (c), (e), | 17 | | and (f) are Class 4
felonies if the damage to
property does not | 18 | | exceed $300 if the damage occurs to property of a school
or
| 19 | | place 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 act described in item (d) | 22 | | is a Class 4
felony if the
damage to property does not exceed | 23 | | $10,000. The act
described in item (g) is a Class 4 felony. The | 24 | | acts described in items (a),
(b), (c), (e), and (f) are Class 4 | 25 | | felonies if the damage to property
exceeds $300 but does not | 26 | | exceed $10,000. The acts described in items (a)
through (f) are |
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| 1 | | Class 3 felonies if the damage to property exceeds $300 but
| 2 | | does not exceed $10,000 if the damage occurs to property of a | 3 | | school
or place
of worship or to farm equipment or immovable | 4 | | items of agricultural
production,
including
but not
limited to | 5 | | grain elevators, grain bins, and barns. The acts described in | 6 | | items (a)
through (f) are Class 3 felonies if the damage to | 7 | | property
exceeds $10,000 but does not exceed $100,000. The acts | 8 | | described in items
(a) through (f) are Class 2 felonies if the | 9 | | damage to property exceeds $10,000
but does not exceed $100,000 | 10 | | if the damage occurs to property of a school
or
place of | 11 | | worship or to farm equipment or immovable items
of agricultural | 12 | | production, including
but not
limited to grain elevators, grain | 13 | | bins, and barns.
The acts described in items
(a) through (f) | 14 | | are Class 2 felonies if the damage to property exceeds
| 15 | | $100,000. The acts described in items (a) through (f) are Class | 16 | | 1 felonies
if the damage to property exceeds $100,000 and the | 17 | | damage occurs to property of
a school or place of worship or to | 18 | | farm equipment or immovable items
of agricultural production, | 19 | | including
but not
limited to grain elevators, grain bins, and | 20 | | barns.
If the damage to property exceeds $10,000,
the
court | 21 | | shall impose
upon the offender a fine equal to the value of the | 22 | | damages to the property.
| 23 | | For the purposes of this subsection (2), "farm equipment" | 24 | | means machinery
or
other equipment used in farming.
| 25 | | (3) In addition to any other sentence that may be imposed, | 26 | | a court shall
order any person convicted of criminal damage to |
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| 1 | | property to perform community
service for not less than 30 and | 2 | | not more than 120 hours, if community service
is available in | 3 | | the jurisdiction
and is funded and approved by the county board | 4 | | of the county where the
offense was committed.
In addition, | 5 | | whenever any person is placed
on supervision for an alleged | 6 | | offense under this Section, the supervision shall
be | 7 | | conditioned upon the performance of the community service.
| 8 | | This subsection does not apply when the court imposes a | 9 | | sentence of
incarceration.
| 10 | | (4) In addition to any criminal penalties imposed for a | 11 | | violation of this Section, if a person is convicted of or | 12 | | placed on supervision for knowingly damaging or destroying | 13 | | crops of another, including crops intended for personal, | 14 | | commercial, research, or developmental purposes, the person is | 15 | | liable in a civil action to the owner of any crops damaged or | 16 | | destroyed for money damages up to twice the market value of the | 17 | | crops damaged or destroyed. | 18 | | (Source: P.A. 95-553, eff. 6-1-08; 96-529, eff. 8-14-09.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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