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91_HB3221eng HB3221 Engrossed LRB9110271RCpk 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 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 Section 21-1.3 as follows: 7 (720 ILCS 5/21-1.3) 8 Sec. 21-1.3. Criminal defacement of property. 9 (a) A person commits criminal defacement of property 10 when the person knowingly damages the property of another 11 without his or her consent by defacing, deforming, or 12 otherwise damaging the property by the use of paint or any 13 other similar substance, or by the use of a writing 14 instrument, etching tool, or any other similar device. 15 (b) Criminal defacement of property is a Class A 16 misdemeanor for a first offense if the damage to the property 17 does not exceed $300. Criminal defacement of property is a 18 Class 4 felony if the damage to property does not exceed $300 19 and the property damaged is a school building or place of 20 worship. Criminal defacement of property is a Class 4 felony 21 for a second or subsequent conviction or if the damage to the 22 property exceeds $300. Criminal defacement of property is a 23 Class 3 felony if the damage to property exceeds $300 and the 24 property damaged is a school building or place of worship. In 25 addition to any other sentence that may be imposed, a person 26 convicted of criminal defacement of property shall be fined 27 $500 plus the actual costs incurred by the property owner or 28 the unit of government to abate, remediate, repair, or remove 29 the effect of the damage to the property. To the extent 30 permitted by law, reimbursement for the costs of abatement, 31 remediation, repair, or removal shall be payable to the HB3221 Engrossed -2- LRB9110271RCpk 1 person who incurred the costs. In addition to any other 2 sentence that may be imposed, a court shall order any person 3 convicted of criminal defacement of property to perform 4 community service for not less than 30 and not more than 120 5 hours, if community service is available in the jurisdiction. 6 The community service shall include, but need not be limited 7 to, the cleanup and repair of the damage to property that was 8 caused by the offense, or similar damage to property located 9 in the municipality or county in which the offense occurred. 10 If the property damaged is a school building, the community 11 service may include cleanup, removal, or painting over the 12 defacement. In addition, whenever any person is placed on 13 supervision for an alleged offense under this Section, the 14 supervision shall be conditioned upon the performance of the 15 community service. 16 (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99.)