95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB2861


 
Introduced 2/26/2007, by Rep. Tom Cross
 
SYNOPSIS AS INTRODUCED:
 		













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







    Amends the Criminal Code of 1961.
Makes a technical change in a Section concerning the offense of institutional
vandalism.
















LRB095 06092 RLC 26185 b

















 


 


A BILL FOR









 











HB2861

LRB095 06092 RLC 26185 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 21-1.2 as follows:
 



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



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    Sec. 21-1.2. Institutional vandalism. 

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

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

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


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


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


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


 






HB2861
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LRB095 06092 RLC 26185 b




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    (a); or


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

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    (a).

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

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    (b-5) Upon imposition of any sentence,
the trial court 
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shall also either order restitution paid to the victim
or 
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impose a fine up to $1,000.  In addition, any order of probation 
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or
conditional discharge entered following a conviction or an 
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adjudication of
delinquency shall include a condition that the 
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offender perform public or
community service of no less than 
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200 hours if that service is established in
the county where 
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the offender was convicted of institutional vandalism.  The

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court may also impose any other condition of probation or 
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conditional discharge
under this Section.

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    (c) Independent of any criminal prosecution or the result 
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of that
prosecution, a person suffering damage to property or 
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injury to his or her
person as a result of institutional 
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vandalism may bring a civil action for
damages, injunction or 
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other appropriate relief. The court may award actual
damages, 
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including damages for emotional distress, or punitive damages.  
 


 






HB2861
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LRB095 06092 RLC 26185 b




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A
judgment may include attorney's fees and costs.  The parents 
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or legal guardians
of an unemancipated minor, other than 
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guardians appointed under the Juvenile
Court Act or the 
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Juvenile Court Act of 1987, shall be liable for the amount of

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

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(Source: P.A. 92-830, eff. 1-1-03.)