Full Text of HB2064 94th General Assembly
HB2064 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2064
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/21-1.2 |
from Ch. 38, par. 21-1.2 |
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Amends the Criminal Code of 1961.
Makes a technical change in a Section concerning the offense of institutional
vandalism.
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A BILL FOR
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HB2064 |
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LRB094 03031 RLC 33032 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 21-1.2 as follows:
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| (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
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| Sec. 21-1.2. Institutional vandalism.
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| (a) A person commits institutional vandalism when, by | 9 |
| reason of the
the actual
or perceived race, color, creed, | 10 |
| religion or national origin of another
individual or group of | 11 |
| individuals, regardless of the existence of any other
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| motivating factor or factors, he or she knowingly and without | 13 |
| consent
inflicts damage to any of the following properties:
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| (1) A church, synagogue, mosque, or other building, | 15 |
| structure or place
used for religious worship or other | 16 |
| religious purpose;
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| (2) A cemetery, mortuary, or other facility used for | 18 |
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purpose of burial or memorializing the dead;
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| (3) A school, educational facility or community | 20 |
| center;
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| (4) The grounds adjacent to, and owned or rented by, | 22 |
| any institution,
facility, building, structure or place | 23 |
| described in paragraphs (1), (2)
or (3) of this subsection | 24 |
| (a); or
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| (5) Any personal property contained in any | 26 |
| institution, facility,
building, structure or place | 27 |
| described in paragraphs (1), (2) or (3) of this
subsection
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| (a).
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| (b) Institutional vandalism is a Class 3 felony if the | 30 |
| damage to the
property does not exceed $300. Institutional | 31 |
| vandalism is a Class 2 felony
if the damage to the property | 32 |
| exceeds $300.
Institutional vandalism is a Class 2 felony for |
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HB2064 |
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LRB094 03031 RLC 33032 b |
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| any second or subsequent
offense.
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| (b-5) Upon imposition of any sentence,
the trial court | 3 |
| shall also either order restitution paid to the victim
or | 4 |
| impose a fine up to $1,000. In addition, any order of probation | 5 |
| or
conditional discharge entered following a conviction or an | 6 |
| adjudication of
delinquency shall include a condition that the | 7 |
| offender perform public or
community service of no less than | 8 |
| 200 hours if that service is established in
the county where | 9 |
| the offender was convicted of institutional vandalism. The
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| court may also impose any other condition of probation or | 11 |
| conditional discharge
under this Section.
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| (c) Independent of any criminal prosecution or the result | 13 |
| of that
prosecution, a person suffering damage to property or | 14 |
| injury to his or her
person as a result of institutional | 15 |
| vandalism may bring a civil action for
damages, injunction or | 16 |
| other appropriate relief. The court may award actual
damages, | 17 |
| including damages for emotional distress, or punitive damages. | 18 |
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judgment may include attorney's fees and costs. The parents | 19 |
| or legal guardians
of an unemancipated minor, other than | 20 |
| guardians appointed under the Juvenile
Court Act or the | 21 |
| Juvenile Court Act of 1987, shall be liable for the amount of
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| any judgment for actual damages rendered against the minor | 23 |
| under this
subsection in an amount not exceeding the amount | 24 |
| provided under Section
5
of the Parental Responsibility Law.
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| (Source: P.A. 92-830, eff. 1-1-03.)
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