Rep. Lou Lang
Filed: 3/24/2004
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1 | AMENDMENT TO HOUSE BILL 4036
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2 | AMENDMENT NO. ______. Amend House Bill 4036 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 21-1 as follows:
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6 | (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
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7 | Sec. 21-1. Criminal damage to property.
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8 | (1) A person commits an illegal act when he:
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9 | (a) knowingly damages any property of another without | ||||||
10 | his consent;
or
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11 | (b) recklessly by means of fire or explosive damages | ||||||
12 | property of
another; or
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13 | (c) knowingly starts a fire on the land of another | ||||||
14 | without his
consent; or
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15 | (d) knowingly injures a domestic animal of another | ||||||
16 | without his
consent; or
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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
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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
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1 | (g) knowingly shoots a firearm at any portion of a | ||||||
2 | railroad train.
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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.
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7 | (2) The acts described in items (a), (b), (c), (e), and (f)
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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
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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.
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34 | (3) In addition to any other sentence that may be imposed, |
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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.
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9 | This subsection does not apply when the court imposes a | ||||||
10 | sentence of
incarceration.
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11 | (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)".
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