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HB4036 Engrossed |
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LRB093 15176 RLC 40772 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 |
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| Section 21-1 as follows:
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| (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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| Sec. 21-1. Criminal damage to property.
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| (1) A person commits an illegal act when he:
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| (a) knowingly damages any property of another without |
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| his consent;
or
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| (b) recklessly by means of fire or explosive damages |
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| property of
another; or
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| (c) knowingly starts a fire on the land of another |
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| without his
consent; or
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| (d) knowingly injures a domestic animal of another |
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| without his
consent; or
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| (e) knowingly deposits on the land or in the building |
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| of another,
without his consent, any stink bomb or any |
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| offensive smelling compound
and thereby intends to |
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| interfere with the use by another of the land or
building; |
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| or
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| (f) damages any property, other than as described in |
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| subsection (b) of
Section 20-1, with intent to defraud an |
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| insurer; or
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| (g) knowingly shoots a firearm at any portion of a |
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| railroad train.
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| When the charge of criminal damage to property exceeding a |
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| specified
value is brought, the extent of the damage is an |
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| element of the offense to
be resolved by the trier of fact as |
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| either exceeding or not exceeding
the specified value.
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| (2) The acts described in items (a), (b), (c), (e), and (f)
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| are Class
A misdemeanors if the damage to property does not |
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HB4036 Engrossed |
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LRB093 15176 RLC 40772 b |
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| exceed $800
$300.
The acts
described in items (a), (b), (c), |
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| (e), and (f) are Class 4
felonies if the damage to
property |
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| does not exceed $800
$300 if the damage occurs to property of a |
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| school or
place of worship. The act described in item (d) is a |
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| Class 4 felony if the
damage to property does not exceed |
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| $10,000. The act
described in item (g) is a Class 4 felony. The |
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| acts described in items (a),
(b), (c), (e), and (f) are Class 4 |
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| felonies if the damage to property
exceeds $800
$300 but does |
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| not exceed $10,000. The acts described in items (a)
through (f) |
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| are Class 3 felonies if the damage to property exceeds $800
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| $300 but
does not exceed $10,000 if the damage occurs to |
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| property of a school or place
of worship. The acts described in |
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| items (a)
through (f) are Class 3 felonies if the damage to |
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| property
exceeds $10,000 but does not exceed $100,000. The acts |
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| described in items
(a) through (f) are Class 2 felonies if the |
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| damage to property exceeds $10,000
but does not exceed $100,000 |
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| if the damage occurs to property of a school or
place of |
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| worship. The acts described in items
(a) through (f) are Class |
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| 2 felonies if the damage to property exceeds
$100,000. The acts |
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| described in items (a) through (f) are Class 1 felonies
if the |
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| damage to property exceeds $100,000 and the damage occurs to |
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| property of
a school or place of worship. If the damage to |
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| property exceeds $10,000, the
court shall impose
upon the |
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| offender a fine equal to the value of the damages to the |
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| property.
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| (3) In addition to any other sentence that may be imposed, |
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| a court shall
order any person convicted of criminal damage to |
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| property to perform community
service for not less than 30 and |
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| not more than 120 hours, if community service
is available in |
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| the jurisdiction
and is funded and approved by the county board |
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| of the county where the
offense was committed.
In addition, |
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| whenever any person is placed
on supervision for an alleged |
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| offense under this Section, the supervision shall
be |
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| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a |
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| sentence of
incarceration.
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