Full Text of HB4643 95th General Assembly
HB4643eng 95TH GENERAL ASSEMBLY
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HB4643 Engrossed |
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LRB095 16698 RLC 42730 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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| (Text of Section before amendment by P.A. 95-553 )
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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 | 10 |
| the person
knowingly damages the property of another without | 11 |
| his or her consent by
defacing, deforming, or otherwise | 12 |
| damaging the property by the use of paint or
any other similar | 13 |
| substance, or by the use of a writing instrument, etching
tool, | 14 |
| or any other similar device.
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| (b) Criminal defacement of property is a Class A | 16 |
| misdemeanor for a
first offense if the aggregate value of the | 17 |
| damage to the property does not exceed $300. Criminal
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| defacement of property is a Class 4 felony if the aggregate | 19 |
| value of the damage to property does not
exceed $300 and the | 20 |
| property damaged is a school building or place of
worship. | 21 |
| Criminal
defacement of property is a Class 4 felony for a | 22 |
| second or subsequent
conviction or if the aggregate value of | 23 |
| the damage to the property exceeds $300.
Criminal defacement of |
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HB4643 Engrossed |
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LRB095 16698 RLC 42730 b |
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| property is a Class 3 felony if the aggregate value of the | 2 |
| damage to property
exceeds $300 and the property damaged is a | 3 |
| school building or place of
worship.
In addition to any other | 4 |
| sentence that may be imposed
for a violation of this Section | 5 |
| that is chargeable as a Class 3 or Class 4
felony,
a person | 6 |
| convicted of
criminal defacement of
property shall be subject | 7 |
| to a mandatory minimum fine of $500 plus the
actual costs | 8 |
| incurred
by the property owner or the unit of government to | 9 |
| abate, remediate,
repair, or remove the effect of the damage to | 10 |
| the property. To the extent
permitted by law, reimbursement for | 11 |
| the costs of abatement, remediation,
repair, or removal shall | 12 |
| be payable to the person who incurred the costs.
In addition to | 13 |
| any
other sentence that may be imposed, a court shall order any | 14 |
| person convicted of
criminal defacement of property to perform | 15 |
| community service for not less than
30 and not more than 120 | 16 |
| hours, if community service is available in the
jurisdiction. | 17 |
| The community service shall include, but need
not be limited | 18 |
| 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 | 20 |
| the
municipality or county in which the offense occurred.
If | 21 |
| the property damaged is a school building, the community | 22 |
| service may
include cleanup, removal, or painting over the | 23 |
| defacement.
In addition, whenever any
person is placed on | 24 |
| supervision for an alleged offense under this Section, the
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| supervision shall be conditioned
upon the performance of the | 26 |
| community service. For the purposes of this subsection (b), |
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HB4643 Engrossed |
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LRB095 16698 RLC 42730 b |
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| aggregate value shall be determined by adding the value of the | 2 |
| damage to one or more properties if the offenses were committed | 3 |
| as part of a single course of conduct.
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| (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; | 5 |
| 91-931, eff. 6-1-01.)
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| (Text of Section after amendment by P.A. 95-553 )
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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 | 24 |
| the damage to the property exceeds $300.
Criminal defacement of | 25 |
| property is a Class 3 felony if the aggregate value of the |
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HB4643 Engrossed |
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LRB095 16698 RLC 42730 b |
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| 1 |
| damage to property
exceeds $300 and the property damaged is a | 2 |
| school building or place of
worship.
In addition to any other | 3 |
| sentence that may be imposed
for a violation of this Section | 4 |
| that is chargeable as a Class 3 or Class 4
felony,
a person | 5 |
| convicted of
criminal defacement of
property shall be subject | 6 |
| to a mandatory minimum fine of $500 plus the
actual costs | 7 |
| incurred
by the property owner or the unit of government to | 8 |
| abate, remediate,
repair, or remove the effect of the damage to | 9 |
| the property. To the extent
permitted by law, reimbursement for | 10 |
| the costs of abatement, remediation,
repair, or removal shall | 11 |
| be payable to the person who incurred the costs.
In addition to | 12 |
| any
other sentence that may be imposed, a court shall order any | 13 |
| person convicted of
criminal defacement of property to perform | 14 |
| community service for not less than
30 and not more than 120 | 15 |
| hours, if community service is available in the
jurisdiction. | 16 |
| The community service shall include, but need
not be limited | 17 |
| to, the cleanup and repair of the damage to property that was
| 18 |
| caused by the offense, or similar damage to property located in | 19 |
| the
municipality or county in which the offense occurred.
If | 20 |
| the property damaged is a school building, the community | 21 |
| service may
include cleanup, removal, or painting over the | 22 |
| defacement.
In addition, whenever any
person is placed on | 23 |
| supervision for an alleged offense under this Section, the
| 24 |
| supervision shall be conditioned
upon the performance of the | 25 |
| community service. For the purposes of this subsection (b), | 26 |
| aggregate value shall be determined by adding the value of the |
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HB4643 Engrossed |
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LRB095 16698 RLC 42730 b |
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| 1 |
| damage to one or more properties if the offenses were committed | 2 |
| 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 95. No acceleration or delay. Where this Act makes | 5 |
| changes in a statute that is represented in this Act by text | 6 |
| that is not yet or no longer in effect (for example, a Section | 7 |
| represented by multiple versions), the use of that text does | 8 |
| not accelerate or delay the taking effect of (i) the changes | 9 |
| made by this Act or (ii) provisions derived from any other | 10 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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