Illinois General Assembly - Full Text of Public Act 098-0315
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Public Act 098-0315


 

Public Act 0315 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0315
 
SB2231 EnrolledLRB098 08864 RLC 38994 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
Sections 21-1 and 21-1.3 as follows:
 
    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (a) A person commits criminal damage to property when he or
she:
        (1) knowingly damages any property of another;
        (2) recklessly by means of fire or explosive damages
    property of another;
        (3) knowingly starts a fire on the land of another;
        (4) knowingly injures a domestic animal of another
    without his or her consent;
        (5) knowingly deposits on the land or in the building
    of another any stink bomb or any offensive smelling
    compound and thereby intends to interfere with the use by
    another of the land or building;
        (6) knowingly damages any property, other than as
    described in paragraph (2) of subsection (a) of Section
    20-1, with intent to defraud an insurer;
        (7) knowingly shoots a firearm at any portion of a
    railroad train;
        (8) knowingly, without proper authorization, cuts,
    injures, damages, defaces, destroys, or tampers with any
    fire hydrant or any public or private fire fighting
    equipment, or any apparatus appertaining to fire fighting
    equipment; or
        (9) intentionally, without proper authorization, opens
    any fire hydrant.
    (b) When the charge of criminal damage to property
exceeding a specified value is brought, the extent of the
damage is an element of the offense to be resolved by the trier
of fact as either exceeding or not exceeding the specified
value.
    (c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5) of subsection (a) of this Section
that the owner of the property or land damaged consented to the
damage.
    (d) Sentence.
        (1) A violation of subsection (a) shall have the
    following penalties:
            (A) A violation of paragraph (8) or (9) is a Class
        B misdemeanor.
            (B) A violation of paragraph (1), (2), (3), (5), or
        (6) is a Class A misdemeanor when the damage to
        property does not exceed $300.
             (C) A violation of paragraph (1), (2), (3), (5),
        or (6) is a Class 4 felony when the damage to property
        does not exceed $300 and the damage occurs to property
        of a school or place of worship or to farm equipment or
        immovable items of agricultural production, including
        but not limited to grain elevators, grain bins, and
        barns or property which memorializes or honors an
        individual or group of police officers, fire fighters,
        members of the United States Armed Forces, National
        Guard, or veterans.
             (D) A violation of paragraph (4) is a Class 4
        felony when the damage to property does not exceed
        $10,000.
             (E) A violation of paragraph (7) is a Class 4
        felony.
             (F) A violation of paragraph (1), (2), (3), (5) or
        (6) is a Class 4 felony when the damage to property
        exceeds $300 but does not exceed $10,000.
             (G) A violation of paragraphs (1) through (6) is a
        Class 3 felony when the damage to property exceeds $300
        but does not exceed $10,000 and the damage occurs to
        property of a school or place of worship or to farm
        equipment or immovable items of agricultural
        production, including but not limited to grain
        elevators, grain bins, and barns or property which
        memorializes or honors an individual or group of police
        officers, fire fighters, members of the United States
        Armed Forces, National Guard, or veterans.
             (H) A violation of paragraphs (1) through (6) is a
        Class 3 felony when the damage to property exceeds
        $10,000 but does not exceed $100,000.
             (I) A violation of paragraphs (1) through (6) is a
        Class 2 felony when the damage to property exceeds
        $10,000 but does not exceed $100,000 and the damage
        occurs to property of a school or place of worship or
        to farm equipment or immovable items of agricultural
        production, including but not limited to grain
        elevators, grain bins, and barns or property which
        memorializes or honors an individual or group of police
        officers, fire fighters, members of the United States
        Armed Forces, National Guard, or veterans.
             (J) A violation of paragraphs (1) through (6) is a
        Class 2 felony when the damage to property exceeds
        $100,000. A violation of paragraphs (1) through (6) is
        a Class 1 felony when the damage to property exceeds
        $100,000 and the damage occurs to property of a school
        or place of worship or to farm equipment or immovable
        items of agricultural production, including but not
        limited to grain elevators, grain bins, and barns or
        property which memorializes or honors an individual or
        group of police officers, fire fighters, members of the
        United States Armed Forces, National Guard, or
        veterans.
        (2) When the damage to property exceeds $10,000, the
    court shall impose upon the offender a fine equal to the
    value of the damages to the property.
        (3) In addition to any other sentence that may be
    imposed, a court shall order any person convicted of
    criminal damage to property to perform community service
    for not less than 30 and not more than 120 hours, if
    community service is available in the jurisdiction and is
    funded and approved by the county board of the county where
    the offense was committed. 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.
        The community service requirement does not apply when
    the court imposes a sentence of incarceration.
        (4) In addition to any criminal penalties imposed for a
    violation of this Section, if a person is convicted of or
    placed on supervision for knowingly damaging or destroying
    crops of another, including crops intended for personal,
    commercial, research, or developmental purposes, the
    person is liable in a civil action to the owner of any
    crops damaged or destroyed for money damages up to twice
    the market value of the crops damaged or destroyed.
        (5) For the purposes of this subsection (d), "farm
    equipment" means machinery or other equipment used in
    farming.
(Source: P.A. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
 
    (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 or
property which memorializes or honors an individual or group of
police officers, fire fighters, members of the United States
Armed Forces, National Guard, or veterans. 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 or property which memorializes or
honors an individual or group of police officers, fire
fighters, members of the United States Armed Forces, National
Guard, or veterans.
    (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 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.
    (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.)

Effective Date: 1/1/2014