Public Act 098-0466
 
HB3043 EnrolledLRB098 09361 RLC 41555 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 21-1.3 as follows:
 
    (720 ILCS 5/21-1.3)
    Sec. 21-1.3. Criminal defacement of property.
    (a) A person commits criminal defacement of property when
the person knowingly damages the property of another by
defacing, deforming, or otherwise damaging the property by the
use of paint or any other similar substance, or by the use of a
writing instrument, etching tool, or any other similar device.
It is an affirmative defense to a violation of this Section
that the owner of the property damaged consented to such
damage.
    (b) Sentence.
    (1) Criminal defacement of property is a Class A
misdemeanor for a first offense when the aggregate value of the
damage to the property does not exceed $300. Criminal
defacement of property is a Class 4 felony when the aggregate
value of the damage to property does not exceed $300 and the
property damaged is a school building or place of worship.
Criminal defacement of property is a Class 4 felony for a
second or subsequent conviction or when the aggregate value of
the damage to the property exceeds $300. Criminal defacement of
property is a Class 3 felony when the aggregate value of the
damage to property exceeds $300 and the property damaged is a
school building or place of worship.
    (2) In addition to any other sentence that may be imposed
for a violation of this Section that is chargeable as a Class 3
or Class 4 felony, a person convicted of criminal defacement of
property shall:
        (A) pay be subject to a mandatory minimum fine of $500
    plus the actual costs incurred by the property owner or the
    unit of government to abate, remediate, repair, or remove
    the effect of the damage to the property. To the extent
    permitted by law, reimbursement for the costs of abatement,
    remediation, repair, or removal shall be payable to the
    person who incurred the costs; and
        (B) if convicted of criminal defacement of property
    that is chargeable as a Class 3 or Class 4 felony pay a
    mandatory minimum fine of $500.
    (3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal defacement
of property to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage to
property that was caused by the offense, or similar damage to
property located in the municipality or county in which the
offense occurred. When the property damaged is a school
building, the community service may include cleanup, removal,
or painting over the defacement. In addition, whenever any
person is placed on supervision for an alleged offense under
this Section, the supervision shall be conditioned upon the
performance of the community service.
    (4) For the purposes of this subsection (b), aggregate
value shall be determined by adding the value of the damage to
one or more properties if the offenses were committed as part
of a single course of conduct.
(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.