95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2279

 

Introduced 2/14/2008, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1.3

    Amends the Criminal Code of 1961. Makes technical changes in a Section concerning criminal defacement of property.


LRB095 19567 RLC 45891 b

 

 

A BILL FOR

 

SB2279 LRB095 19567 RLC 45891 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 21-1.3 as follows:
 
6     (720 ILCS 5/21-1.3)
7     (Text of Section before amendment by P.A. 95-553)
8     Sec. 21-1.3. Criminal defacement of property.
9     (a) A person commits criminal defacement of property when
10 the the person knowingly damages the property of another
11 without 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.
15     (b) Criminal defacement of property is a Class A
16 misdemeanor for a first offense if the damage to the property
17 does not exceed $300. Criminal defacement of property is a
18 Class 4 felony if the damage to property does not exceed $300
19 and the property damaged is a school building or place of
20 worship. Criminal defacement of property is a Class 4 felony
21 for a second or subsequent conviction or if the damage to the
22 property exceeds $300. Criminal defacement of property is a
23 Class 3 felony if the damage to property exceeds $300 and the

 

 

SB2279 - 2 - LRB095 19567 RLC 45891 b

1 property damaged is a school building or place of worship. In
2 addition to any other sentence that may be imposed for a
3 violation of this Section that is chargeable as a Class 3 or
4 Class 4 felony, a person convicted of criminal defacement of
5 property shall be subject to a mandatory minimum fine of $500
6 plus the actual costs incurred by the property owner or the
7 unit of government to abate, remediate, repair, or remove the
8 effect of the damage to the property. To the extent permitted
9 by law, reimbursement for the costs of abatement, remediation,
10 repair, or removal shall be payable to the person who incurred
11 the costs. In addition to any other sentence that may be
12 imposed, a court shall order any person convicted of criminal
13 defacement of property to perform community service for not
14 less than 30 and not more than 120 hours, if community service
15 is available in the jurisdiction. The community service shall
16 include, but need not be limited to, the cleanup and repair of
17 the damage to property that was caused by the offense, or
18 similar damage to property located in the municipality or
19 county in which the offense occurred. If the property damaged
20 is a school building, the community service may include
21 cleanup, removal, or painting over the defacement. In addition,
22 whenever any person is placed on supervision for an alleged
23 offense under this Section, the supervision shall be
24 conditioned upon the performance of the community service.
25 (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99;
26 91-931, eff. 6-1-01.)
 

 

 

SB2279 - 3 - LRB095 19567 RLC 45891 b

1     (Text of Section after amendment by P.A. 95-553)
2     Sec. 21-1.3. Criminal defacement of property.
3     (a) A person commits criminal defacement of property when
4 the the person knowingly damages the property of another by
5 defacing, deforming, or otherwise damaging the property by the
6 use of paint or any other similar substance, or by the use of a
7 writing instrument, etching tool, or any other similar device.
8 It is an affirmative defense to a violation of this Section
9 that the owner of the property damaged consented to such
10 damage.
11     (b) Criminal defacement of property is a Class A
12 misdemeanor for a first offense if the damage to the property
13 does not exceed $300. Criminal defacement of property is a
14 Class 4 felony if the damage to property does not exceed $300
15 and the property damaged is a school building or place of
16 worship. Criminal defacement of property is a Class 4 felony
17 for a second or subsequent conviction or if the damage to the
18 property exceeds $300. Criminal defacement of property is a
19 Class 3 felony if the damage to property exceeds $300 and the
20 property damaged is a school building or place of worship. In
21 addition to any other sentence that may be imposed for a
22 violation of this Section that is chargeable as a Class 3 or
23 Class 4 felony, a person convicted of criminal defacement of
24 property shall be subject to a mandatory minimum fine of $500
25 plus the actual costs incurred by the property owner or the

 

 

SB2279 - 4 - LRB095 19567 RLC 45891 b

1 unit of government to abate, remediate, repair, or remove the
2 effect of the damage to the property. To the extent permitted
3 by law, reimbursement for the costs of abatement, remediation,
4 repair, or removal shall be payable to the person who incurred
5 the costs. In addition to any other sentence that may be
6 imposed, a court shall order any person convicted of criminal
7 defacement of property to perform community service for not
8 less than 30 and not more than 120 hours, if community service
9 is available in the jurisdiction. The community service shall
10 include, but need not be limited to, the cleanup and repair of
11 the damage to property that was caused by the offense, or
12 similar damage to property located in the municipality or
13 county in which the offense occurred. If the property damaged
14 is a school building, the community service may include
15 cleanup, removal, or painting over the defacement. In addition,
16 whenever any person is placed on supervision for an alleged
17 offense under this Section, the supervision shall be
18 conditioned upon the performance of the community service.
19 (Source: P.A. 95-553, eff. 6-1-08.)
 
20     Section 95. No acceleration or delay. Where this Act makes
21 changes in a statute that is represented in this Act by text
22 that is not yet or no longer in effect (for example, a Section
23 represented by multiple versions), the use of that text does
24 not accelerate or delay the taking effect of (i) the changes
25 made by this Act or (ii) provisions derived from any other

 

 

SB2279 - 5 - LRB095 19567 RLC 45891 b

1 Public Act.