Full Text of HB4036 93rd General Assembly
HB4036eng 93RD GENERAL ASSEMBLY
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HB4036 Engrossed |
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LRB093 15176 RLC 40772 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 | 5 |
| 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 | 10 |
| his consent;
or
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| (b) recklessly by means of fire or explosive damages | 12 |
| property of
another; or
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| (c) knowingly starts a fire on the land of another | 14 |
| without his
consent; or
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| (d) knowingly injures a domestic animal of another | 16 |
| without his
consent; or
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| (e) knowingly deposits on the land or in the building | 18 |
| of another,
without his consent, any stink bomb or any | 19 |
| offensive smelling compound
and thereby intends to | 20 |
| interfere with the use by another of the land or
building; | 21 |
| or
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| (f) damages any property, other than as described in | 23 |
| subsection (b) of
Section 20-1, with intent to defraud an | 24 |
| insurer; or
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| (g) knowingly shoots a firearm at any portion of a | 26 |
| railroad train.
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| When the charge of criminal damage to property exceeding a | 28 |
| specified
value is brought, the extent of the damage is an | 29 |
| element of the offense to
be resolved by the trier of fact as | 30 |
| 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 $800
$300 .
The acts
described in items (a), (b), (c), | 2 |
| (e), and (f) are Class 4
felonies if the damage to
property | 3 |
| does not exceed $800
$300 if the damage occurs to property of a | 4 |
| school or
place of worship. The act described in item (d) is a | 5 |
| Class 4 felony if the
damage to property does not exceed | 6 |
| $10,000. The act
described in item (g) is a Class 4 felony. The | 7 |
| acts described in items (a),
(b), (c), (e), and (f) are Class 4 | 8 |
| felonies if the damage to property
exceeds $800
$300 but does | 9 |
| not exceed $10,000. The acts described in items (a)
through (f) | 10 |
| are Class 3 felonies if the damage to property exceeds $800
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| $300 but
does not exceed $10,000 if the damage occurs to | 12 |
| property of a school or place
of worship. The acts described in | 13 |
| items (a)
through (f) are Class 3 felonies if the damage to | 14 |
| property
exceeds $10,000 but does not exceed $100,000. The acts | 15 |
| described in items
(a) through (f) are Class 2 felonies if the | 16 |
| damage to property exceeds $10,000
but does not exceed $100,000 | 17 |
| if the damage occurs to property of a school or
place of | 18 |
| worship. The acts described in items
(a) through (f) are Class | 19 |
| 2 felonies if the damage to property exceeds
$100,000. The acts | 20 |
| described in items (a) through (f) are Class 1 felonies
if the | 21 |
| damage to property exceeds $100,000 and the damage occurs to | 22 |
| property of
a school or place of worship. If the damage to | 23 |
| property exceeds $10,000, the
court shall impose
upon the | 24 |
| offender a fine equal to the value of the damages to the | 25 |
| property.
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| (3) In addition to any other sentence that may be imposed, | 27 |
| a court shall
order any person convicted of criminal damage to | 28 |
| property to perform community
service for not less than 30 and | 29 |
| not more than 120 hours, if community service
is available in | 30 |
| the jurisdiction
and is funded and approved by the county board | 31 |
| of the county where the
offense was committed.
In addition, | 32 |
| whenever any person is placed
on supervision for an alleged | 33 |
| offense under this Section, the supervision shall
be | 34 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 36 |
| sentence of
incarceration.
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| (Source: P.A. 91-360, eff. 7-29-99; 92-454, eff. 1-1-02.)
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