Full Text of HB0192 096th General Assembly
HB0192enr 96TH GENERAL ASSEMBLY
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HB0192 Enrolled |
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LRB096 03313 RLC 13332 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 by
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| 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.
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| (b) Criminal defacement of property is a Class A | 17 |
| misdemeanor for a
first offense if the aggregate value of the | 18 |
| damage to the property does not exceed $300. Criminal
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| defacement of property is a Class 4 felony if the aggregate | 20 |
| value of the damage to property does not
exceed $300 and the | 21 |
| property damaged is a school building or place of
worship. | 22 |
| Criminal
defacement of property is a Class 4 felony for a | 23 |
| second or subsequent
conviction or if the aggregate value of |
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HB0192 Enrolled |
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LRB096 03313 RLC 13332 b |
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| the damage to the property exceeds $300.
Criminal defacement of | 2 |
| property is a Class 3 felony if the aggregate value of the | 3 |
| damage to property
exceeds $300 and the property damaged is a | 4 |
| school building or place of
worship.
In addition to any other | 5 |
| sentence that may be imposed
for a violation of this Section | 6 |
| that is chargeable as a Class 3 or Class 4
felony,
a person | 7 |
| convicted of
criminal defacement of
property shall be subject | 8 |
| to a mandatory minimum fine of $500 plus the
actual costs | 9 |
| incurred
by the property owner or the unit of government to | 10 |
| abate, remediate,
repair, or remove the effect of the damage to | 11 |
| the property. To the extent
permitted by law, reimbursement for | 12 |
| the costs of abatement, remediation,
repair, or removal shall | 13 |
| be payable to the person who incurred the costs.
In addition to | 14 |
| any
other sentence that may be imposed, a court shall order any | 15 |
| person convicted of
criminal defacement of property to perform | 16 |
| community service for not less than
30 and not more than 120 | 17 |
| hours, if community service is available in the
jurisdiction. | 18 |
| The community service shall include, but need
not be limited | 19 |
| 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 | 21 |
| the
municipality or county in which the offense occurred.
If | 22 |
| the property damaged is a school building, the community | 23 |
| service may
include cleanup, removal, or painting over the | 24 |
| defacement.
In addition, whenever any
person is placed on | 25 |
| supervision for an alleged offense under this Section, the
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| supervision shall be conditioned
upon the performance of the |
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LRB096 03313 RLC 13332 b |
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| community service. For the purposes of this subsection (b), | 2 |
| aggregate value shall be determined by adding the value of the | 3 |
| damage to one or more properties if the offenses were committed | 4 |
| as part of a single course of conduct.
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| (Source: P.A. 95-553, eff. 6-1-08 .)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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