Full Text of HB4103 98th General Assembly
HB4103 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4103 Introduced , by Rep. Michael J. Madigan 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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| | | HB4103 | | LRB098 15661 RLC 50692 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 changing | 5 | | 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 or national origin of another
individual or group of | 11 | | individuals, regardless of the existence of any other
| 12 | | motivating factor or factors, he or she knowingly and without | 13 | | consent
inflicts damage to any of the following properties:
| 14 | | (1) A church, synagogue, mosque, or other building, | 15 | | structure or place
used for religious worship or other | 16 | | religious purpose;
| 17 | | (2) A cemetery, mortuary, or other facility used for | 18 | | the
purpose of burial or memorializing the dead;
| 19 | | (3) A school, educational facility or community | 20 | | center;
| 21 | | (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 |
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| 1 | | (a); or
| 2 | | (5) Any personal property contained in any | 3 | | institution, facility,
building, structure or place | 4 | | described in paragraphs (1), (2) or (3) of this
subsection
| 5 | | (a).
| 6 | | (b) Sentence. | 7 | | (1) Institutional vandalism is a Class 3 felony when | 8 | | the damage to the
property does not exceed $300. | 9 | | Institutional vandalism is a Class 2 felony
when the damage | 10 | | to the property exceeds $300.
Institutional vandalism is a | 11 | | Class 2 felony for any second or subsequent
offense.
| 12 | | (2) Upon imposition of any sentence,
the trial court | 13 | | shall also either order restitution paid to the victim
or | 14 | | impose a fine up to $1,000. In addition, any order of | 15 | | probation or
conditional discharge entered following a | 16 | | conviction or an adjudication of
delinquency shall include | 17 | | a condition that the offender perform public or
community | 18 | | service of no less than 200 hours if that service is | 19 | | established in
the county where the offender was convicted | 20 | | of institutional vandalism. The
court may also impose any | 21 | | other condition of probation or conditional discharge
| 22 | | under this Section.
| 23 | | (c) Independent of any criminal prosecution or the result | 24 | | of that
prosecution, a person suffering damage to property or | 25 | | injury to his or her
person as a result of institutional | 26 | | vandalism may bring a civil action for
damages, injunction or |
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| 1 | | other appropriate relief. The court may award actual
damages, | 2 | | including damages for emotional distress, or punitive damages. | 3 | | A
judgment may include attorney's fees and costs. The parents | 4 | | or legal guardians
of an unemancipated minor, other than | 5 | | guardians appointed under the Juvenile
Court Act or the | 6 | | Juvenile Court Act of 1987, shall be liable for the amount of
| 7 | | any judgment for actual damages rendered against the minor | 8 | | under this
subsection in an amount not exceeding the amount | 9 | | provided under Section
5
of the Parental Responsibility Law.
| 10 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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