Public Act 099-0631
 
SB2907 EnrolledLRB099 18320 RLC 42694 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, 21-1.2, 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 $500 $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 $500 $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 $500 $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 $500 
        $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. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)

 


    (720 ILCS 5/21-1.2)  (from Ch. 38, par. 21-1.2)




    Sec. 21-1.2. Institutional vandalism. 

    (a) A person commits institutional vandalism when, by 
reason of the actual
or perceived race, color, creed, religion, 
ancestry, gender, sexual orientation, physical or mental 
disability, or national origin of another
individual or group 
of individuals, regardless of the existence of any other

motivating factor or factors, he or she knowingly and without 
consent
inflicts damage to any of the following properties:

        (1) A church, synagogue, mosque, or other building, 
    structure or place
used for religious worship or other 
    religious purpose;

        (2) A cemetery, mortuary, or other facility used for 
    the
purpose of burial or memorializing the dead;

        (3) A school, educational facility or community 
    center;

        (4) The grounds adjacent to, and owned or rented by, 
    any institution,
facility, building, structure or place 
    described in paragraphs (1), (2)
or (3) of this subsection 
    (a); or

        (5) Any personal property contained in any 
    institution, facility,
building, structure or place 
    described in paragraphs (1), (2) or (3) of this
subsection

    (a).

    (b) Sentence.
         (1) Institutional vandalism is a Class 3 felony when 
    the damage to the
property does not exceed $500 $300.  
    Institutional vandalism is a Class 2 felony
when the damage 
    to the property exceeds $500 $300.
Institutional vandalism 
    is a Class 2 felony for any second or subsequent
offense.

        (2) Upon imposition of any sentence,
the trial court 
    shall also either order restitution paid to the victim
or 
    impose a fine up to $1,000.  In addition, any order of 
    probation or
conditional discharge entered following a 
    conviction or an adjudication of
delinquency shall include 
    a condition that the offender perform public or
community 
    service of no less than 200 hours if that service is 
    established in
the county where the offender was convicted 
    of institutional vandalism.  The
court may also impose any 
    other condition of probation or conditional discharge

    under this Section.

    (c) Independent of any criminal prosecution or the result 
of that
prosecution, a person suffering damage to property or 
injury to his or her
person as a result of institutional 
vandalism may bring a civil action for
damages, injunction or 
other appropriate relief. The court may award actual
damages, 
including damages for emotional distress, or punitive damages.  
A
judgment may include attorney's fees and costs.  The parents 
or legal guardians
of an unemancipated minor, other than 
guardians appointed under the Juvenile
Court Act or the 
Juvenile Court Act of 1987, shall be liable for the amount of

any judgment for actual damages rendered against the minor 
under this
subsection in an amount not exceeding the amount 
provided under Section
5
of the Parental Responsibility Law.

    (d) As used in this Section, "sexual orientation" has the 
meaning ascribed to it in paragraph (O-1) of Section 1-103 of 
the Illinois Human Rights Act. 
(Source: P.A. 99-77, eff. 1-1-16.)

 


    (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 $500 $300.  Criminal

defacement of property is a Class 4 felony when the aggregate 
value of the damage to property does not
exceed $500 $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 or 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 $500 $300.
Criminal defacement of 
property is a Class 3 felony when the aggregate value of the 
damage to property
exceeds $500 $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 or National Guard, or veterans.

    (2) In addition to any other sentence that may be imposed

for a violation of this Section,
 a person convicted of
criminal 
defacement of
property shall:
        (A) pay 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. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; 
98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)