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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 21-1.3 as follows:
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6 | (720 ILCS 5/21-1.3)
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7 | (Text of Section before amendment by P.A. 95-553 )
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8 | Sec. 21-1.3. Criminal defacement of property.
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9 | (a) A person commits criminal defacement of property when | ||||||
10 | the person
knowingly damages the property of another without | ||||||
11 | his or her consent by
defacing, deforming, or otherwise | ||||||
12 | damaging the property by the use of paint or
any other similar | ||||||
13 | substance, or by the use of a writing instrument, etching
tool, | ||||||
14 | or any other similar device.
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15 | (b) Criminal defacement of property is a Class A | ||||||
16 | misdemeanor for a
first offense if the aggregate value of the | ||||||
17 | damage to the property does not exceed $300. Criminal
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18 | defacement of property is a Class 4 felony if the aggregate | ||||||
19 | value of the damage to property does not
exceed $300 and the | ||||||
20 | property damaged is a school building or place of
worship. | ||||||
21 | Criminal
defacement of property is a Class 4 felony for a | ||||||
22 | second or subsequent
conviction or if the aggregate value of | ||||||
23 | the damage to the property exceeds $300.
Criminal defacement of |
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1 | property is a Class 3 felony if the aggregate value of the | ||||||
2 | damage to property
exceeds $300 and the property damaged is a | ||||||
3 | school building or place of
worship.
In addition to any other | ||||||
4 | sentence that may be imposed
for a violation of this Section | ||||||
5 | that is chargeable as a Class 3 or Class 4
felony,
a person | ||||||
6 | convicted of
criminal defacement of
property shall be subject | ||||||
7 | to a mandatory minimum fine of $500 plus the
actual costs | ||||||
8 | incurred
by the property owner or the unit of government to | ||||||
9 | abate, remediate,
repair, or remove the effect of the damage to | ||||||
10 | the property. To the extent
permitted by law, reimbursement for | ||||||
11 | the costs of abatement, remediation,
repair, or removal shall | ||||||
12 | be payable to the person who incurred the costs.
In addition to | ||||||
13 | any
other sentence that may be imposed, a court shall order any | ||||||
14 | person convicted of
criminal defacement of property to perform | ||||||
15 | community service for not less than
30 and not more than 120 | ||||||
16 | hours, if community service is available in the
jurisdiction. | ||||||
17 | The community service shall include, but need
not be limited | ||||||
18 | to, the cleanup and repair of the damage to property that was
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19 | caused by the offense, or similar damage to property located in | ||||||
20 | the
municipality or county in which the offense occurred.
If | ||||||
21 | the property damaged is a school building, the community | ||||||
22 | service may
include cleanup, removal, or painting over the | ||||||
23 | defacement.
In addition, whenever any
person is placed on | ||||||
24 | supervision for an alleged offense under this Section, the
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25 | supervision shall be conditioned
upon the performance of the | ||||||
26 | community service. For the purposes of this subsection (b), |
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1 | aggregate value shall be determined by adding the value of the | ||||||
2 | damage to one or more properties if the offenses were committed | ||||||
3 | as part of a single course of conduct.
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4 | (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; | ||||||
5 | 91-931, eff. 6-1-01.)
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6 | (Text of Section after amendment by P.A. 95-553 )
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7 | Sec. 21-1.3. Criminal defacement of property.
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8 | (a) A person commits criminal defacement of property when | ||||||
9 | the person
knowingly damages the property of another by
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10 | defacing, deforming, or otherwise damaging the property by the | ||||||
11 | use of paint or
any other similar substance, or by the use of a | ||||||
12 | writing instrument, etching
tool, or any other similar device. | ||||||
13 | It is an affirmative defense to a violation of this Section | ||||||
14 | that the owner of the property damaged consented to such | ||||||
15 | damage.
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16 | (b) Criminal defacement of property is a Class A | ||||||
17 | misdemeanor for a
first offense if the aggregate value of the | ||||||
18 | damage to the property does not exceed $300. Criminal
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19 | defacement of property is a Class 4 felony if the aggregate | ||||||
20 | value of the damage to property does not
exceed $300 and the | ||||||
21 | property damaged is a school building or place of
worship. | ||||||
22 | Criminal
defacement of property is a Class 4 felony for a | ||||||
23 | second or subsequent
conviction or if the aggregate value of | ||||||
24 | the damage to the property exceeds $300.
Criminal defacement of | ||||||
25 | property is a Class 3 felony if the aggregate value of the |
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1 | damage to property
exceeds $300 and the property damaged is a | ||||||
2 | school building or place of
worship.
In addition to any other | ||||||
3 | sentence that may be imposed
for a violation of this Section | ||||||
4 | that is chargeable as a Class 3 or Class 4
felony,
a person | ||||||
5 | convicted of
criminal defacement of
property shall be subject | ||||||
6 | to a mandatory minimum fine of $500 plus the
actual costs | ||||||
7 | incurred
by the property owner or the unit of government to | ||||||
8 | abate, remediate,
repair, or remove the effect of the damage to | ||||||
9 | the property. To the extent
permitted by law, reimbursement for | ||||||
10 | the costs of abatement, remediation,
repair, or removal shall | ||||||
11 | be payable to the person who incurred the costs.
In addition to | ||||||
12 | any
other sentence that may be imposed, a court shall order any | ||||||
13 | person convicted of
criminal defacement of property to perform | ||||||
14 | community service for not less than
30 and not more than 120 | ||||||
15 | hours, if community service is available in the
jurisdiction. | ||||||
16 | The community service shall include, but need
not be limited | ||||||
17 | to, the cleanup and repair of the damage to property that was
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18 | caused by the offense, or similar damage to property located in | ||||||
19 | the
municipality or county in which the offense occurred.
If | ||||||
20 | the property damaged is a school building, the community | ||||||
21 | service may
include cleanup, removal, or painting over the | ||||||
22 | defacement.
In addition, whenever any
person is placed on | ||||||
23 | supervision for an alleged offense under this Section, the
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24 | supervision shall be conditioned
upon the performance of the | ||||||
25 | community service. For the purposes of this subsection (b), | ||||||
26 | aggregate value shall be determined by adding the value of the |
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1 | damage to one or more properties if the offenses were committed | ||||||
2 | as part of a single course of conduct.
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3 | (Source: P.A. 95-553, eff. 6-1-08.)
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4 | Section 95. No acceleration or delay. Where this Act makes | ||||||
5 | changes in a statute that is represented in this Act by text | ||||||
6 | that is not yet or no longer in effect (for example, a Section | ||||||
7 | represented by multiple versions), the use of that text does | ||||||
8 | not accelerate or delay the taking effect of (i) the changes | ||||||
9 | made by this Act or (ii) provisions derived from any other | ||||||
10 | Public Act.
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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