95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0444


 
Introduced 1/26/2007, by Rep. Dennis M. Reboletti - Franco Coladipietro - Ruth Munson
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/21-1
  from Ch. 38, par. 21-1








    Amends the Criminal Code of 1961 relating to criminal damage to property.  Enhances the penalties for criminal damage to property  by one class if the property damaged is property of a law enforcement agency used for the enforcement of the criminal and traffic laws and ordinances of this State or a unit of local government.
















LRB095 03712 RLC 23739 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0444

LRB095 03712 RLC 23739 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 as follows:
 
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    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)

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    Sec. 21-1. Criminal damage to property.


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    (1) A person commits an illegal act when he:


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        (a) knowingly damages any property of another without 
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    his consent;
or


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        (b) recklessly by means of fire or explosive damages 
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    property of
another; or


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        (c) knowingly starts a fire on the land of another 
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    without his
consent; or


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        (d) knowingly injures a domestic animal of another 
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    without his
consent; or


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        (e) knowingly deposits on the land or in the building 
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    of another,
without his consent, any stink bomb or any 
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    offensive smelling compound
and thereby intends to 
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    interfere with the use by another of the land or
building; 
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    or


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        (f) damages any property, other than as described in 
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    subsection (b) of
Section 20-1, with intent to defraud an 
 


 






HB0444
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LRB095 03712 RLC 23739 b




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    insurer; or


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        (g) knowingly shoots a firearm at any portion of a 
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    railroad train.


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    When the charge of criminal damage to property exceeding a 
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specified
value is brought, the extent of the damage is an 
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element of the offense to
be resolved by the trier of fact as 
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either exceeding or not exceeding
the specified value.


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    (2) The acts described in items (a), (b), (c), (e), and (f)

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are Class
A misdemeanors if the damage to property does not 
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exceed $300.
 The acts
described in items (a), (b), (c), (e), 
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and (f) are Class 4
felonies if the damage to
property does not 
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exceed $300 if the damage occurs to property of a law 
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enforcement agency used for the enforcement of the criminal and 
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traffic laws and ordinances of this State or a unit of local 
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government or a school
or
place of worship or to farm equipment 
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or immovable items of agricultural
production, including
but 
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not
limited to grain elevators, grain bins, and barns.  The act 
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described in item (d) is a Class 4
felony if the
damage to 
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property does not exceed $10,000.  The act
described in item (g) 
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is a Class 4 felony.  The acts described in items (a),
(b), (c), 
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(e), and (f) are Class 4 felonies if the damage to property

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exceeds $300 but does not exceed $10,000.  The acts described in 
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items (a)
through (f) are Class 3 felonies if the damage to 
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property exceeds $300 but
does not exceed $10,000 if the damage 
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occurs to property of a law enforcement agency used for the 
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enforcement of the criminal and traffic laws and ordinances of 
 


 






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this State or a unit of local government or a school
or place

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of worship or to farm equipment or immovable items of 
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agricultural
production,
including
but not
limited to grain 
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elevators, grain bins, and barns.  The acts described in items 
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(a)
through (f) are Class 3 felonies if the damage to property

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exceeds $10,000 but does not exceed $100,000.  The acts 
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described in items
(a) through (f) are Class 2 felonies if the 
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damage to property exceeds $10,000
but does not exceed $100,000 
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if the damage occurs to property of a law enforcement agency 
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used for the enforcement of the criminal and traffic laws and 
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ordinances of this State or a unit of local government or a

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school
or
place of worship or to farm equipment or immovable 
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items
of agricultural production, including
but not
limited to 
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grain elevators, grain bins, and barns.
The acts described in 
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items
(a) through (f) are Class 2 felonies if the damage to 
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property exceeds
$100,000.  The acts described in items (a) 
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through (f) are Class 1 felonies
if the damage to property 
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exceeds $100,000 and the damage occurs to property of
a law 
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enforcement agency used for the enforcement of the criminal and 
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traffic laws and ordinances of this State or a unit of local 
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government or a school or place of worship or to farm equipment 
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or immovable items
of agricultural production, including
but 
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not
limited to grain elevators, grain bins, and barns.
 If the 
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damage to property exceeds $10,000,
the
court shall impose
upon 
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the offender a fine equal to the value of the damages to the 
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property.


 


 






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LRB095 03712 RLC 23739 b




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    For the purposes of this subsection (2), "farm equipment" 
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means machinery
or
other equipment used in farming and 
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"property of a law enforcement agency used for the enforcement 
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of the criminal and traffic laws and ordinances of this State 
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or a unit of local government" includes, but is not limited to, 
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a police vehicle, police dog or horse, or police surveillance 
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equipment or any other equipment used by a law enforcement 
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agency of this State or a unit of local government for the 
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enforcement of the criminal and traffic laws or ordinances of 
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this State or a unit of local government.


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    (3) In addition to any other sentence that may be imposed, 
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a court shall
order any person convicted of criminal damage to 
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property to perform community
service for not less than 30 and 
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not more than 120 hours, if community service
is available in 
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the jurisdiction
and is funded and approved by the county board 
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of the county where the
offense was committed.
In addition, 
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whenever any person is placed
on supervision for an alleged 
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offense under this Section, the supervision shall
be 
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conditioned upon the performance of the community service.


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    This subsection does not apply when the court imposes a 
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sentence of
incarceration.


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(Source: P.A. 94-509, eff. 8-9-05.)