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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3087 Introduced , by Rep. Deborah Mell SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that in addition to any other sentence that may be imposed
for criminal defacement of property, a person convicted of
criminal defacement of
property (rather than criminal defacement of property that is chargeable as a Class 3 or 4 felony) shall be subject to a mandatory minimum fine of $500 plus the
actual costs incurred
by the property owner or the unit of government to abate, remediate,
repair, or remove the effect of the damage to the property. Provides that to the extent
permitted by law, reimbursement for the costs of abatement, remediation,
repair, or removal shall be payable to the person who incurred the costs.
Provides that if the offense is gang-related, the fine shall be at least $1,000.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3087 | | LRB098 10906 RLC 41437 b |
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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 2012 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 | | 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) Sentence. |
| 17 | | (1) Criminal defacement of property is a Class A |
| 18 | | misdemeanor for a
first offense when the aggregate value of the |
| 19 | | damage to the property does not exceed $300. Criminal
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| 20 | | defacement of property is a Class 4 felony when the aggregate |
| 21 | | value of the damage to property does not
exceed $300 and the |
| 22 | | property damaged is a school building or place of
worship. |
| 23 | | Criminal
defacement of property is a Class 4 felony for a |
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| | HB3087 | - 2 - | LRB098 10906 RLC 41437 b |
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| 1 | | second or subsequent
conviction or when the aggregate value of |
| 2 | | the damage to the property exceeds $300.
Criminal defacement of |
| 3 | | property is a Class 3 felony when the aggregate value of the |
| 4 | | damage to property
exceeds $300 and the property damaged is a |
| 5 | | school building or place of
worship.
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| 6 | | (2) In addition to any other sentence that may be imposed
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| 7 | | for a violation of this Section that is chargeable as a Class 3 |
| 8 | | or Class 4
felony,
a person convicted of
criminal defacement of
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| 9 | | property shall be subject to a mandatory minimum fine of $500 |
| 10 | | plus the
actual costs incurred
by the property owner or the |
| 11 | | unit of government to abate, remediate,
repair, or remove the |
| 12 | | effect of the damage to the property. To the extent
permitted |
| 13 | | by law, reimbursement for the costs of abatement, remediation,
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| 14 | | repair, or removal shall be payable to the person who incurred |
| 15 | | the costs.
If the offense is gang-related as defined in Section |
| 16 | | 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, |
| 17 | | a person convicted of criminal defacement of property is |
| 18 | | subject to a mandatory minimum fine of $1,000 plus the
actual |
| 19 | | costs incurred
by the property owner or the unit of government |
| 20 | | to abate, remediate,
repair, or remove the effect of the damage |
| 21 | | to the property. To the extent
permitted by law, reimbursement |
| 22 | | for the costs of abatement, remediation,
repair, or removal |
| 23 | | shall be payable to the person who incurred the costs. |
| 24 | | (3) In addition to any
other sentence that may be imposed, |
| 25 | | a court shall order any person convicted of
criminal defacement |
| 26 | | of property to perform community service for not less than
30 |
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| | HB3087 | - 3 - | LRB098 10906 RLC 41437 b |
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| 1 | | and not more than 120 hours, if community service is available |
| 2 | | in the
jurisdiction. The community service shall include, but |
| 3 | | need
not be limited to, the cleanup and repair of the damage to |
| 4 | | property that was
caused by the offense, or similar damage to |
| 5 | | property located in the
municipality or county in which the |
| 6 | | offense occurred.
When the property damaged is a school |
| 7 | | building, the community service may
include cleanup, removal, |
| 8 | | or painting over the defacement.
In addition, whenever any
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| 9 | | person is placed on supervision for an alleged offense under |
| 10 | | this Section, the
supervision shall be conditioned
upon the |
| 11 | | performance of the community service. |
| 12 | | (4) For the purposes of this subsection (b), aggregate |
| 13 | | value shall be determined by adding the value of the damage to |
| 14 | | one or more properties if the offenses were committed as part |
| 15 | | of a single course of conduct.
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| 16 | | (Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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