Full Text of HB3043 98th General Assembly
HB3043sam001 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/7/2013
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| 1 | | AMENDMENT TO HOUSE BILL 3043
| 2 | | AMENDMENT NO. ______. Amend House Bill 3043 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 21-1.3 as follows:
| 6 | | (720 ILCS 5/21-1.3)
| 7 | | Sec. 21-1.3. Criminal defacement of property.
| 8 | | (a) A person commits criminal defacement of property when | 9 | | the person
knowingly damages the property of another by
| 10 | | defacing, deforming, or otherwise damaging the property by the | 11 | | use of paint or
any other similar substance, or by the use of a | 12 | | writing instrument, etching
tool, or any other similar device. | 13 | | It is an affirmative defense to a violation of this Section | 14 | | that the owner of the property damaged consented to such | 15 | | damage.
| 16 | | (b) Sentence. |
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| 1 | | (1) Criminal defacement of property is a Class A | 2 | | misdemeanor for a
first offense when the aggregate value of the | 3 | | damage to the property does not exceed $300. Criminal
| 4 | | defacement of property is a Class 4 felony when the aggregate | 5 | | value of the damage to property does not
exceed $300 and the | 6 | | property damaged is a school building or place of
worship. | 7 | | Criminal
defacement of property is a Class 4 felony for a | 8 | | second or subsequent
conviction or when the aggregate value of | 9 | | the damage to the property exceeds $300.
Criminal defacement of | 10 | | property is a Class 3 felony when the aggregate value of the | 11 | | damage to property
exceeds $300 and the property damaged is a | 12 | | school building or place of
worship.
| 13 | | (2) In addition to any other sentence that may be imposed
| 14 | | for a violation of this Section that is chargeable as a Class 3 | 15 | | or Class 4
felony ,
a person convicted of
criminal defacement of
| 16 | | property shall : | 17 | | (A) pay be subject to a mandatory minimum fine of $500 | 18 | | plus the
actual costs incurred
by the property owner or the | 19 | | unit of government to abate, remediate,
repair, or remove | 20 | | the effect of the damage to the property. To the extent
| 21 | | permitted by law, reimbursement for the costs of abatement, | 22 | | remediation,
repair, or removal shall be payable to the | 23 | | person who incurred the costs ; and | 24 | | (B) if convicted of criminal defacement of property | 25 | | that is chargeable as a Class 3 or Class 4 felony pay a | 26 | | mandatory minimum fine of $500 .
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| 1 | | (3) In addition to any
other sentence that may be imposed, | 2 | | a court shall order any person convicted of
criminal defacement | 3 | | of property to perform community service for not less than
30 | 4 | | and not more than 120 hours, if community service is available | 5 | | in the
jurisdiction. The community service shall include, but | 6 | | need
not be limited to, the cleanup and repair of the damage to | 7 | | property that was
caused by the offense, or similar damage to | 8 | | property located in the
municipality or county in which the | 9 | | offense occurred.
When the property damaged is a school | 10 | | building, the community service may
include cleanup, removal, | 11 | | or painting over the defacement.
In addition, whenever any
| 12 | | person is placed on supervision for an alleged offense under | 13 | | this Section, the
supervision shall be conditioned
upon the | 14 | | performance of the community service. | 15 | | (4) For the purposes of this subsection (b), aggregate | 16 | | value shall be determined by adding the value of the damage to | 17 | | one or more properties if the offenses were committed as part | 18 | | of a single course of conduct.
| 19 | | (Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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