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Full Text of HB4143  102nd General Assembly

HB4143 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4143

 

Introduced 10/19/2021, by Rep. Anthony DeLuca - Jaime M. Andrade, Jr. - Robert Rita - Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/21-1  from Ch. 38, par. 21-1
720 ILCS 5/21-1.3

    Amends the Criminal Code of 2012. In provisions concerning criminal damage to property and criminal defacement of property, expands existing penalty enhancements to include damage or defacement to historic monuments, displays, statues, properties listed on the National Register of Historic Places, and properties designated as having landmark status by any county, township, or municipality.


LRB102 19608 RLC 28377 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4143LRB102 19608 RLC 28377 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 21-1 and 21-1.3 as follows:
 
6    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
7    Sec. 21-1. Criminal damage to property.
8    (a) A person commits criminal damage to property when he
9or she:
10        (1) knowingly damages any property of another;
11        (2) recklessly by means of fire or explosive damages
12    property of another;
13        (3) knowingly starts a fire on the land of another;
14        (4) knowingly injures a domestic animal of another
15    without his or her consent;
16        (5) knowingly deposits on the land or in the building
17    of another any stink bomb or any offensive smelling
18    compound and thereby intends to interfere with the use by
19    another of the land or building;
20        (6) knowingly damages any property, other than as
21    described in paragraph (2) of subsection (a) of Section
22    20-1, with intent to defraud an insurer;
23        (7) knowingly shoots a firearm at any portion of a

 

 

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1    railroad train;
2        (8) knowingly, without proper authorization, cuts,
3    injures, damages, defaces, destroys, or tampers with any
4    fire hydrant or any public or private fire fighting
5    equipment, or any apparatus appertaining to fire fighting
6    equipment; or
7        (9) intentionally, without proper authorization, opens
8    any fire hydrant.
9    (b) When the charge of criminal damage to property
10exceeding a specified value is brought, the extent of the
11damage is an element of the offense to be resolved by the trier
12of fact as either exceeding or not exceeding the specified
13value.
14    (c) It is an affirmative defense to a violation of
15paragraph (1), (3), or (5) of subsection (a) of this Section
16that the owner of the property or land damaged consented to the
17damage.
18    (d) Sentence.
19        (1) A violation of subsection (a) shall have the
20    following penalties:
21            (A) A violation of paragraph (8) or (9) is a Class
22        B misdemeanor.
23            (B) A violation of paragraph (1), (2), (3), (5),
24        or (6) is a Class A misdemeanor when the damage to
25        property does not exceed $500.
26            (C) A violation of paragraph (1), (2), (3), (5),

 

 

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1        or (6) is a Class 4 felony when the damage to property
2        does not exceed $500 and the damage occurs to: (i)
3        property of a school or place of worship; (ii) or to
4        farm equipment or immovable items of agricultural
5        production, including, but not limited to, grain
6        elevators, grain bins, and barns; (iii) or property
7        which memorializes or honors an individual or group of
8        police officers, fire fighters, members of the United
9        States Armed Forces, National Guard, or veterans; or
10        (iv) a historic monument, display, or statue, a
11        property listed on the National Register of Historic
12        Places, or a property designated as having landmark
13        status by any county, township, or municipality.
14            (D) A violation of paragraph (4) is a Class 4
15        felony when the damage to property does not exceed
16        $10,000.
17            (E) A violation of paragraph (7) is a Class 4
18        felony.
19            (F) A violation of paragraph (1), (2), (3), (5) or
20        (6) is a Class 4 felony when the damage to property
21        exceeds $500 but does not exceed $10,000.
22            (G) A violation of paragraphs (1) through (6) is a
23        Class 3 felony when the damage to property exceeds
24        $500 but does not exceed $10,000 and the damage occurs
25        to: (i) property of a school or place of worship; (ii)
26        or to farm equipment or immovable items of

 

 

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1        agricultural production, including, but not limited
2        to, grain elevators, grain bins, and barns; (iii) or
3        property which memorializes or honors an individual or
4        group of police officers, fire fighters, members of
5        the United States Armed Forces, National Guard, or
6        veterans; or (iv) a historic monument, display, or
7        statue, a property listed on the National Register of
8        Historic Places, or a property designated as having
9        landmark status by any county, township, or
10        municipality.
11            (H) A violation of paragraphs (1) through (6) is a
12        Class 3 felony when the damage to property exceeds
13        $10,000 but does not exceed $100,000.
14            (I) A violation of paragraphs (1) through (6) is a
15        Class 2 felony when the damage to property exceeds
16        $10,000 but does not exceed $100,000 and the damage
17        occurs to: (i) property of a school or place of
18        worship; (ii) or to farm equipment or immovable items
19        of agricultural production, including, but not limited
20        to, grain elevators, grain bins, and barns; (iii) or
21        property which memorializes or honors an individual or
22        group of police officers, fire fighters, members of
23        the United States Armed Forces, National Guard, or
24        veterans; or (iv) a historic monument, display, or
25        statue, a property listed on the National Register of
26        Historic Places, or a property designated as having

 

 

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1        landmark status by any county, township, or
2        municipality.
3            (J) A violation of paragraphs (1) through (6) is a
4        Class 2 felony when the damage to property exceeds
5        $100,000. A violation of paragraphs (1) through (6) is
6        a Class 1 felony when the damage to property exceeds
7        $100,000 and the damage occurs to: (i) property of a
8        school or place of worship; (ii) or to farm equipment
9        or immovable items of agricultural production,
10        including, but not limited to, grain elevators, grain
11        bins, and barns; (iii) or property which memorializes
12        or honors an individual or group of police officers,
13        fire fighters, members of the United States Armed
14        Forces, National Guard, or veterans; or (iv) a
15        historic monument, display, or statue, a property
16        listed on the National Register of Historic Places, or
17        a property designated as having landmark status by any
18        county, township, or municipality.
19        (2) When the damage to property exceeds $10,000, the
20    court shall impose upon the offender a fine equal to the
21    value of the damages to the property.
22        (3) In addition to any other sentence that may be
23    imposed, a court shall order any person convicted of
24    criminal damage to property to perform community service
25    for not less than 30 and not more than 120 hours, if
26    community service is available in the jurisdiction and is

 

 

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1    funded and approved by the county board of the county
2    where the offense was committed. In addition, whenever any
3    person is placed on supervision for an alleged offense
4    under this Section, the supervision shall be conditioned
5    upon the performance of the community service.
6        The community service requirement does not apply when
7    the court imposes a sentence of incarceration.
8        (4) In addition to any criminal penalties imposed for
9    a violation of this Section, if a person is convicted of or
10    placed on supervision for knowingly damaging or destroying
11    crops of another, including crops intended for personal,
12    commercial, research, or developmental purposes, the
13    person is liable in a civil action to the owner of any
14    crops damaged or destroyed for money damages up to twice
15    the market value of the crops damaged or destroyed.
16        (5) For the purposes of this subsection (d), "farm
17    equipment" means machinery or other equipment used in
18    farming.
19(Source: P.A. 98-315, eff. 1-1-14; 99-631, eff. 1-1-17.)
 
20    (720 ILCS 5/21-1.3)
21    Sec. 21-1.3. Criminal defacement of property.
22    (a) A person commits criminal defacement of property when
23the person knowingly damages the property of another by
24defacing, deforming, or otherwise damaging the property by the
25use of paint or any other similar substance, or by the use of a

 

 

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1writing instrument, etching tool, or any other similar device.
2It is an affirmative defense to a violation of this Section
3that the owner of the property damaged consented to such
4damage.
5    (b) Sentence.
6    (1) Criminal defacement of property is a Class A
7misdemeanor for a first offense when the aggregate value of
8the damage to the property does not exceed $500. Criminal
9defacement of property is a Class 4 felony when the aggregate
10value of the damage to property does not exceed $500 and the
11property damaged is: (i) a school building or place of
12worship; (ii) or property which memorializes or honors an
13individual or group of police officers, fire fighters, members
14of the United States Armed Forces or National Guard, or
15veterans; or (iii) a historic monument, display, or statue, a
16property listed on the National Register of Historic Places,
17or a property designated as having landmark status by any
18county, township, or municipality. Criminal defacement of
19property is a Class 4 felony for a second or subsequent
20conviction or when the aggregate value of the damage to the
21property exceeds $500. Criminal defacement of property is a
22Class 3 felony when the aggregate value of the damage to
23property exceeds $500 and the property damaged is: (i) a
24school building or place of worship; (ii) or property which
25memorializes or honors an individual or group of police
26officers, fire fighters, members of the United States Armed

 

 

HB4143- 8 -LRB102 19608 RLC 28377 b

1Forces or National Guard, or veterans; or (iii) a historic
2monument, display, or statue, a property listed on the
3National Register of Historic Places, or a property designated
4as having landmark status by any county, township, or
5municipality.
6    (2) In addition to any other sentence that may be imposed
7for a violation of this Section, a person convicted of
8criminal defacement of property shall:
9        (A) pay the actual costs incurred by the property
10    owner or the unit of government to abate, remediate,
11    repair, or remove the effect of the damage to the
12    property. To the extent permitted by law, reimbursement
13    for the costs of abatement, remediation, repair, or
14    removal shall be payable to the person who incurred the
15    costs; and
16        (B) if convicted of criminal defacement of property
17    that is chargeable as a Class 3 or Class 4 felony, pay a
18    mandatory minimum fine of $500.
19    (3) In addition to any other sentence that may be imposed,
20a court shall order any person convicted of criminal
21defacement of property to perform community service for not
22less than 30 and not more than 120 hours, if community service
23is available in the jurisdiction. The community service shall
24include, but need not be limited to, the cleanup and repair of
25the damage to property that was caused by the offense, or
26similar damage to property located in the municipality or

 

 

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1county in which the offense occurred. When the property
2damaged is a school building, the community service may
3include cleanup, removal, or painting over the defacement. In
4addition, whenever any person is placed on supervision for an
5alleged offense under this Section, the supervision shall be
6conditioned upon the performance of the community service.
7    (4) For the purposes of this subsection (b), aggregate
8value shall be determined by adding the value of the damage to
9one or more properties if the offenses were committed as part
10of a single course of conduct.
11(Source: P.A. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13;
1298-756, eff. 7-16-14; 99-631, eff. 1-1-17.)