Rep. Lou Lang

Filed: 3/24/2004

 

 


 

 


 
09300HB4036ham001 LRB093 15176 RLC 49012 a

1
AMENDMENT TO HOUSE BILL 4036

2     AMENDMENT NO. ______. Amend House Bill 4036 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 21-1 as follows:
 
6     (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
7     Sec. 21-1. Criminal damage to property.
8     (1) A person commits an illegal act when he:
9         (a) knowingly damages any property of another without
10 his consent; or
11         (b) recklessly by means of fire or explosive damages
12 property of another; or
13         (c) knowingly starts a fire on the land of another
14 without his consent; or
15         (d) knowingly injures a domestic animal of another
16 without his consent; or
17         (e) knowingly deposits on the land or in the building
18 of another, without his consent, any stink bomb or any
19 offensive smelling compound and thereby intends to
20 interfere with the use by another of the land or building;
21 or
22         (f) damages any property, other than as described in
23 subsection (b) of Section 20-1, with intent to defraud an
24 insurer; or

 

 

09300HB4036ham001 - 2 - LRB093 15176 RLC 49012 a

1         (g) knowingly shoots a firearm at any portion of a
2 railroad train.
3     When the charge of criminal damage to property exceeding a
4 specified value is brought, the extent of the damage is an
5 element of the offense to be resolved by the trier of fact as
6 either exceeding or not exceeding the specified value.
7     (2) The acts described in items (a), (b), (c), (e), and (f)
8 are Class A misdemeanors if the damage to property does not
9 exceed $800 $300. The acts described in items (a), (b), (c),
10 (e), and (f) are Class 4 felonies if the damage to property
11 does not exceed $800 $300 if the damage occurs to property of a
12 school or place of worship. The act described in item (d) is a
13 Class 4 felony if the damage to property does not exceed
14 $10,000. The act described in item (g) is a Class 4 felony. The
15 acts described in items (a), (b), (c), (e), and (f) are Class 4
16 felonies if the damage to property exceeds $800 $300 but does
17 not exceed $10,000. The acts described in items (a) through (f)
18 are Class 3 felonies if the damage to property exceeds $800
19 $300 but does not exceed $10,000 if the damage occurs to
20 property of a school or place of worship. The acts described in
21 items (a) through (f) are Class 3 felonies if the damage to
22 property exceeds $10,000 but does not exceed $100,000. The acts
23 described in items (a) through (f) are Class 2 felonies if the
24 damage to property exceeds $10,000 but does not exceed $100,000
25 if the damage occurs to property of a school or place of
26 worship. The acts described in items (a) through (f) are Class
27 2 felonies if the damage to property exceeds $100,000. The acts
28 described in items (a) through (f) are Class 1 felonies if the
29 damage to property exceeds $100,000 and the damage occurs to
30 property of a school or place of worship. If the damage to
31 property exceeds $10,000, the court shall impose upon the
32 offender a fine equal to the value of the damages to the
33 property.
34     (3) In addition to any other sentence that may be imposed,

 

 

09300HB4036ham001 - 3 - LRB093 15176 RLC 49012 a

1 a court shall order any person convicted of criminal damage to
2 property to perform community service for not less than 30 and
3 not more than 120 hours, if community service is available in
4 the jurisdiction and is funded and approved by the county board
5 of the county where the offense was committed. In addition,
6 whenever any person is placed on supervision for an alleged
7 offense under this Section, the supervision shall be
8 conditioned upon the performance of the community service.
9     This subsection does not apply when the court imposes a
10 sentence of incarceration.
11 (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)".