Full Text of HB4395 97th General Assembly
HB4395 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4395 Introduced 1/30/2012, 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 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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| | | HB4395 | | LRB097 15387 RLC 60487 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 1961 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) Institutional vandalism is a Class 3 felony if the | 7 | | damage to the
property does not exceed $300. Institutional | 8 | | vandalism is a Class 2 felony
if the damage to the property | 9 | | exceeds $300.
Institutional vandalism is a Class 2 felony for | 10 | | any second or subsequent
offense.
| 11 | | (b-5) Upon imposition of any sentence,
the trial court | 12 | | shall also either order restitution paid to the victim
or | 13 | | impose a fine up to $1,000. In addition, any order of probation | 14 | | or
conditional discharge entered following a conviction or an | 15 | | adjudication of
delinquency shall include a condition that the | 16 | | offender perform public or
community service of no less than | 17 | | 200 hours if that service is established in
the county where | 18 | | the offender was convicted of institutional vandalism. The
| 19 | | court may also impose any other condition of probation or | 20 | | conditional discharge
under this Section.
| 21 | | (c) Independent of any criminal prosecution or the result | 22 | | of that
prosecution, a person suffering damage to property or | 23 | | injury to his or her
person as a result of institutional | 24 | | vandalism may bring a civil action for
damages, injunction or | 25 | | other appropriate relief. The court may award actual
damages, | 26 | | including damages for emotional distress, or punitive damages. |
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| 1 | | A
judgment may include attorney's fees and costs. The parents | 2 | | or legal guardians
of an unemancipated minor, other than | 3 | | guardians appointed under the Juvenile
Court Act or the | 4 | | Juvenile Court Act of 1987, shall be liable for the amount of
| 5 | | any judgment for actual damages rendered against the minor | 6 | | under this
subsection in an amount not exceeding the amount | 7 | | provided under Section
5
of the Parental Responsibility Law.
| 8 | | (Source: P.A. 92-830, eff. 1-1-03.)
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