Full Text of HB4177 96th General Assembly
HB4177enr 96TH GENERAL ASSEMBLY
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HB4177 Enrolled |
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LRB096 09833 RLC 19996 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 as follows: | 6 |
| (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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| Sec. 21-1. Criminal damage to property.
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| (1) A person commits an illegal act when he:
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| (a) knowingly damages any property of another;
or
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| (b) recklessly by means of fire or explosive damages | 11 |
| property of
another; or
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| (c) knowingly starts a fire on the land of another; or
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| (d) knowingly injures a domestic animal of another | 14 |
| without his
consent; or
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| (e) knowingly deposits on the land or in the building | 16 |
| of another any stink bomb or any offensive smelling | 17 |
| compound
and thereby intends to interfere with the use by | 18 |
| another of the land or
building; or
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| (f) damages any property, other than as described in | 20 |
| subsection (b) of
Section 20-1, with intent to defraud an | 21 |
| insurer; or
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| (g) knowingly shoots a firearm at any portion of a | 23 |
| railroad train.
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LRB096 09833 RLC 19996 b |
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| When the charge of criminal damage to property exceeding a | 2 |
| specified
value is brought, the extent of the damage is an | 3 |
| element of the offense to
be resolved by the trier of fact as | 4 |
| either exceeding or not exceeding
the specified value.
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| It is an affirmative defense to a violation of item (a), | 6 |
| (c), or (e) of this Section that the owner of the property or | 7 |
| land damaged consented to such damage.
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| (2) The acts described in items (a), (b), (c), (e), and (f)
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| are Class
A misdemeanors if the damage to property does not | 10 |
| exceed $300.
The acts
described in items (a), (b), (c), (e), | 11 |
| and (f) are Class 4
felonies if the damage to
property does not | 12 |
| exceed $300 if the damage occurs to property of a school
or
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| place of worship or to farm equipment or immovable items of | 14 |
| agricultural
production, including
but not
limited to grain | 15 |
| elevators, grain bins, and barns. The act described in item (d) | 16 |
| is a Class 4
felony if the
damage to property does not exceed | 17 |
| $10,000. The act
described in item (g) is a Class 4 felony. The | 18 |
| acts described in items (a),
(b), (c), (e), and (f) are Class 4 | 19 |
| felonies if the damage to property
exceeds $300 but does not | 20 |
| exceed $10,000. The acts described in items (a)
through (f) are | 21 |
| Class 3 felonies if the damage to property exceeds $300 but
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| does not exceed $10,000 if the damage occurs to property of a | 23 |
| school
or place
of worship or to farm equipment or immovable | 24 |
| items of agricultural
production,
including
but not
limited to | 25 |
| grain elevators, grain bins, and barns. The acts described in | 26 |
| items (a)
through (f) are Class 3 felonies if the damage to |
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LRB096 09833 RLC 19996 b |
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| property
exceeds $10,000 but does not exceed $100,000. The acts | 2 |
| described in items
(a) through (f) are Class 2 felonies if the | 3 |
| damage to property exceeds $10,000
but does not exceed $100,000 | 4 |
| if the damage occurs to property of a school
or
place of | 5 |
| worship or to farm equipment or immovable items
of agricultural | 6 |
| production, including
but not
limited to grain elevators, grain | 7 |
| bins, and barns.
The acts described in items
(a) through (f) | 8 |
| are Class 2 felonies if the damage to property exceeds
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| $100,000. The acts described in items (a) through (f) are Class | 10 |
| 1 felonies
if the damage to property exceeds $100,000 and the | 11 |
| damage occurs to property of
a school or place of worship or to | 12 |
| farm equipment or immovable items
of agricultural production, | 13 |
| including
but not
limited to grain elevators, grain bins, and | 14 |
| barns.
If the damage to property exceeds $10,000,
the
court | 15 |
| shall impose
upon the offender a fine equal to the value of the | 16 |
| damages to the property.
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| For the purposes of this subsection (2), "farm equipment" | 18 |
| means machinery
or
other equipment used in farming.
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| (3) In addition to any other sentence that may be imposed, | 20 |
| a court shall
order any person convicted of criminal damage to | 21 |
| property to perform community
service for not less than 30 and | 22 |
| not more than 120 hours, if community service
is available in | 23 |
| the jurisdiction
and is funded and approved by the county board | 24 |
| of the county where the
offense was committed.
In addition, | 25 |
| whenever any person is placed
on supervision for an alleged | 26 |
| offense under this Section, the supervision shall
be |
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LRB096 09833 RLC 19996 b |
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| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 3 |
| sentence of
incarceration.
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| (4) In addition to any criminal penalties imposed for a | 5 |
| violation of this Section, if a person is convicted of or | 6 |
| placed on supervision for knowingly damaging or destroying | 7 |
| crops of another, including crops intended for personal, | 8 |
| commercial, research, or developmental purposes, the person is | 9 |
| liable in a civil action to the owner of any crops damaged or | 10 |
| destroyed for money damages up to twice the market value of the | 11 |
| crops damaged or destroyed. | 12 |
| (Source: P.A. 94-509, eff. 8-9-05; 95-553, eff. 6-1-08 .)
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| Section 99. Effective date. This Act takes effect July 1, | 14 |
| 2009.
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