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Public Act 096-0499
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| HB0192 Enrolled |
LRB096 03313 RLC 13332 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 |
Section 21-1.3 as follows:
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(720 ILCS 5/21-1.3)
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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 |
the person
knowingly damages the property of another by
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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.
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(b) Criminal defacement of property is a Class A |
misdemeanor for a
first offense if the aggregate value of the |
damage to the property does not exceed $300. Criminal
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defacement of property is a Class 4 felony if 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 if the aggregate value of |
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the damage to the property exceeds $300.
Criminal defacement of |
property is a Class 3 felony if the aggregate value of the |
damage to property
exceeds $300 and the property damaged is a |
school building or place of
worship.
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 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.
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
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caused by the offense, or similar damage to property located in |
the
municipality or county in which the offense occurred.
If |
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
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supervision shall be conditioned
upon the performance of the |