Full Text of HB1113 102nd General Assembly
HB1113 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1113 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/21-1.2 | from Ch. 38, par. 21-1.2 |
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Amends the Criminal Code of 2012.
Makes a technical change in a Section concerning the offense of institutional
vandalism.
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| | A BILL FOR |
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| | | HB1113 | | LRB102 03127 RLC 13140 b |
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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 2012 is amended by | 5 | | changing Section 21-1.2 as follows:
| 6 | | (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
| 7 | | Sec. 21-1.2. Institutional vandalism.
| 8 | | (a) A person commits institutional vandalism when, by | 9 | | reason of the
the actual
or perceived race, color, creed, | 10 | | religion, ancestry, gender, sexual orientation, physical or | 11 | | mental disability, or national origin of another
individual or | 12 | | group of individuals, regardless of the existence of any other
| 13 | | motivating factor or factors, he or she knowingly and without | 14 | | consent
inflicts damage to any of the following properties: | 15 | | (1) A church, synagogue, mosque, or other building, | 16 | | structure or place
used for religious worship or other | 17 | | religious purpose;
| 18 | | (2) A cemetery, mortuary, or other facility used for | 19 | | the
purpose of burial or memorializing the dead;
| 20 | | (3) A school, educational facility or community | 21 | | center;
| 22 | | (4) The grounds adjacent to, and owned or rented by, | 23 | | any institution,
facility, building, structure or place |
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| 1 | | described in paragraphs (1), (2)
or (3) of this subsection | 2 | | (a); or
| 3 | | (5) Any personal property contained in any | 4 | | institution, facility,
building, structure or place | 5 | | described in paragraphs (1), (2) or (3) of this
subsection
| 6 | | (a).
| 7 | | (b) Sentence. | 8 | | (1) Institutional vandalism is a Class 3 felony when | 9 | | the damage to the
property does not exceed $500. | 10 | | Institutional vandalism is a Class 2 felony
when the | 11 | | damage to the property exceeds $500.
Institutional | 12 | | vandalism is a Class 2 felony for any second or subsequent
| 13 | | offense.
| 14 | | (2) Upon imposition of any sentence,
the trial court | 15 | | shall also either order restitution paid to the victim
or | 16 | | impose a fine up to $1,000. In addition, any order of | 17 | | probation or
conditional discharge entered following a | 18 | | conviction or an adjudication of
delinquency shall include | 19 | | a condition that the offender perform public or
community | 20 | | service of no less than 200 hours if that service is | 21 | | established in
the county where the offender was convicted | 22 | | of institutional vandalism. The
court may also impose any | 23 | | other condition of probation or conditional discharge
| 24 | | under this Section.
| 25 | | (c) Independent of any criminal prosecution or the result | 26 | | of that
prosecution, a person suffering damage to property or |
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| 1 | | injury to his or her
person as a result of institutional | 2 | | vandalism may bring a civil action for
damages, injunction or | 3 | | other appropriate relief. The court may award actual
damages, | 4 | | including damages for emotional distress, or punitive damages. | 5 | | A
judgment may include attorney's fees and costs. The parents | 6 | | or legal guardians
of an unemancipated minor, other than | 7 | | guardians appointed under the Juvenile
Court Act or the | 8 | | Juvenile Court Act of 1987, shall be liable for the amount of
| 9 | | any judgment for actual damages rendered against the minor | 10 | | under this
subsection in an amount not exceeding the amount | 11 | | provided under Section
5
of the Parental Responsibility Law.
| 12 | | (d) As used in this Section, "sexual orientation" has the | 13 | | meaning ascribed to it in paragraph (O-1) of Section 1-103 of | 14 | | the Illinois Human Rights Act. | 15 | | (Source: P.A. 99-77, eff. 1-1-16; 99-631, eff. 1-1-17 .)
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