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90_HB3277
720 ILCS 5/21-1 from Ch. 38, par. 21-1
720 ILCS 5/21-1.3
Amends the Criminal Code of 1961. Provides that the
penalties for criminal damage to property and criminal
defacement of property are increased by one classification if
the property defaced or damaged is a homestead.
LRB9008515RCcd
LRB9008515RCcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 21-1 and 21-1.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 21-1 and 21-1.3 as follows:
7 (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
8 Sec. 21-1. Criminal damage to property.
9 (1) A person commits an illegal act when he:
10 (a) knowingly damages any property of another
11 without his consent; or
12 (b) recklessly by means of fire or explosive
13 damages property of another; or
14 (c) knowingly starts a fire on the land of another
15 without his consent; or
16 (d) knowingly injures a domestic animal of another
17 without his consent; or
18 (e) knowingly deposits on the land or in the
19 building of another, without his consent, any stink bomb
20 or any offensive smelling compound and thereby intends to
21 interfere with the use by another of the land or
22 building; or
23 (f) damages any property, other than as described
24 in subsection (b) of Section 20-1, with intent to defraud
25 an insurer; or
26 (g) knowingly shoots a firearm at any portion of a
27 railroad train.
28 When the charge of criminal damage to property exceeding
29 a specified value is brought, the extent of the damage is an
30 element of the offense to be resolved by the trier of fact as
31 either exceeding or not exceeding the specified value.
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1 (2) The acts described in items (a) through (f) are
2 Class A misdemeanors if the damage to property does not
3 exceed $300. The acts described in items (a) through (f) are
4 Class 4 felonies if the property damaged is a homestead and
5 the damage to property does not exceed $300. The act
6 described in item (g) is a Class 4 felony. The acts
7 described in items (a) through (f) are Class 4 felonies if
8 the damage to property exceeds $300 but does not exceed
9 $10,000. The acts described in items (a) through (f) are
10 Class 3 felonies if the property damaged is a homestead and
11 the damage to property exceeds $300 but does not exceed
12 $10,000. The acts described in items (a) through (f) are
13 Class 3 felonies if the damage to property exceeds $10,000
14 but does not exceed $100,000. The acts described in items (a)
15 through (f) are Class 2 felonies if the property damaged is a
16 homestead and the damage to property exceeds $10,000 but does
17 not exceed $100,000. The acts described in items (a) through
18 (f) are Class 2 felonies if the damage to property exceeds
19 $100,000. The acts described in items (a) through (f) are
20 Class 1 felonies if the property damaged is a homestead and
21 the damage to property exceeds $100,000. If the damage to
22 property exceeds $10,000, the court shall impose upon the
23 offender a fine equal to the value of the damages to the
24 property.
25 (3) In addition to any other sentence that may be
26 imposed, a court shall order any person convicted of criminal
27 damage to property to perform community service for not less
28 than 30 and not more than 120 hours, if community service is
29 available in the jurisdiction and is funded and approved by
30 the county board of the county where the offense was
31 committed. In addition, whenever any person is placed on
32 supervision for an alleged offense under this Section, the
33 supervision shall be conditioned upon the performance of the
34 community service.
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1 This subsection does not apply when the court imposes a
2 sentence of incarceration.
3 (4) For purposes of the Section, "homestead" means the
4 dwelling house and contiguous real estate owned and occupied
5 by a person regardless of its value.
6 (Source: P.A. 88-406; 88-558, eff. 1-1-95; 89-8, eff.
7 3-21-95.)
8 (720 ILCS 5/21-1.3)
9 Sec. 21-1.3. Criminal defacement of property.
10 (a) A person commits criminal defacement of property
11 when the person knowingly damages the property of another
12 without his or her consent by defacing, deforming, or
13 otherwise damaging the property by the use of paint or any
14 other similar substance, or by the use of a writing
15 instrument, etching tool, or any other similar device.
16 (b) Criminal defacement of property is a Class A
17 misdemeanor for a first offense if the damage to the property
18 does not exceed $300. Criminal defacement of property is a
19 Class 4 felony if the property damaged is a homestead and
20 damage to the property does not exceed $300. Criminal
21 defacement of property is a Class 4 felony for a second or
22 subsequent conviction or if the damage to the property
23 exceeds $300. Criminal defacement of property is a Class 3
24 felony for a second or subsequent conviction if the property
25 damaged is a homestead or if the property damaged is a
26 homestead and the damage to the property exceeds $300. In
27 addition to any other sentence that may be imposed, a court
28 shall order any person convicted of criminal defacement of
29 property to perform community service for not less than 30
30 and not more than 120 hours, if community service is
31 available in the jurisdiction. The community service shall
32 include, but need not be limited to, the cleanup and repair
33 of the damage to property that was caused by the offense, or
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1 similar damage to property located in the municipality or
2 county in which the offense occurred. In addition, whenever
3 any person is placed on supervision for an alleged offense
4 under this Section, the supervision shall be conditioned upon
5 the performance of the community service.
6 (c) For purposes of this Section, "homestead" means the
7 dwelling house and contiguous real estate owned and occupied
8 by a person, regardless of its value.
9 (Source: P.A. 88-406.)