Full Text of SB0165 095th General Assembly
SB0165eng 95TH GENERAL ASSEMBLY
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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 |
| Sections 21-1 and 21-1.3 as follows: | 6 |
| (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 |
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| insurer; or
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| (g) knowingly shoots a firearm at any portion of a | 3 |
| railroad train.
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| When the charge of criminal damage to property exceeding a | 5 |
| specified
value is brought, the extent of the damage is an | 6 |
| element of the offense to
be resolved by the trier of fact as | 7 |
| either exceeding or not exceeding
the specified value.
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| It is an affirmative defense to a violation of item (a), | 9 |
| (c), or (e) of this Section that the owner of the property or | 10 |
| land damaged consented to such damage.
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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 | 13 |
| exceed $300.
The acts
described in items (a), (b), (c), (e), | 14 |
| and (f) are Class 4
felonies if the damage to
property does not | 15 |
| exceed $300 if the damage occurs to property of a school
or
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| place of worship or to farm equipment or immovable items of | 17 |
| agricultural
production, including
but not
limited to grain | 18 |
| elevators, grain bins, and barns. The act described in item (d) | 19 |
| is a Class 4
felony if the
damage to property does not exceed | 20 |
| $10,000. The act
described in item (g) is a Class 4 felony. The | 21 |
| acts described in items (a),
(b), (c), (e), and (f) are Class 4 | 22 |
| felonies if the damage to property
exceeds $300 but does not | 23 |
| exceed $10,000. The acts described in items (a)
through (f) are | 24 |
| Class 3 felonies if the damage to property exceeds $300 but
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| does not exceed $10,000 if the damage occurs to property of a | 26 |
| school
or place
of worship or to farm equipment or immovable |
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| items of agricultural
production,
including
but not
limited to | 2 |
| grain elevators, grain bins, and barns. The acts described in | 3 |
| items (a)
through (f) are Class 3 felonies if the damage to | 4 |
| property
exceeds $10,000 but does not exceed $100,000. The acts | 5 |
| described in items
(a) through (f) are Class 2 felonies if the | 6 |
| damage to property exceeds $10,000
but does not exceed $100,000 | 7 |
| if the damage occurs to property of a school
or
place of | 8 |
| worship or to farm equipment or immovable items
of agricultural | 9 |
| production, including
but not
limited to grain elevators, grain | 10 |
| bins, and barns.
The acts described in items
(a) through (f) | 11 |
| are Class 2 felonies if the damage to property exceeds
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| $100,000. The acts described in items (a) through (f) are Class | 13 |
| 1 felonies
if the damage to property exceeds $100,000 and the | 14 |
| damage occurs to property of
a school or place of worship or to | 15 |
| farm equipment or immovable items
of agricultural production, | 16 |
| including
but not
limited to grain elevators, grain bins, and | 17 |
| barns.
If the damage to property exceeds $10,000,
the
court | 18 |
| shall impose
upon the offender a fine equal to the value of the | 19 |
| damages to the property.
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| For the purposes of this subsection (2), "farm equipment" | 21 |
| means machinery
or
other equipment used in farming.
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| (3) In addition to any other sentence that may be imposed, | 23 |
| a court shall
order any person convicted of criminal damage to | 24 |
| property to perform community
service for not less than 30 and | 25 |
| not more than 120 hours, if community service
is available in | 26 |
| 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, | 2 |
| whenever any person is placed
on supervision for an alleged | 3 |
| offense under this Section, the supervision shall
be | 4 |
| conditioned upon the performance of the community service.
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| This subsection does not apply when the court imposes a | 6 |
| sentence of
incarceration.
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| (Source: P.A. 94-509, eff. 8-9-05.)
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| (720 ILCS 5/21-1.3)
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| Sec. 21-1.3. Criminal defacement of property.
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| (a) A person commits criminal defacement of property when | 11 |
| the person
knowingly damages the property of another without | 12 |
| his or her consent by
defacing, deforming, or otherwise | 13 |
| damaging the property by the use of paint or
any other similar | 14 |
| substance, or by the use of a writing instrument, etching
tool, | 15 |
| or any other similar device. It is an affirmative defense to a | 16 |
| violation of this Section that the owner of the property | 17 |
| damaged consented to such damage.
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| (b) Criminal defacement of property is a Class A | 19 |
| misdemeanor for a
first offense if the damage to the property | 20 |
| does not exceed $300. Criminal
defacement of property is a | 21 |
| Class 4 felony if the damage to property does not
exceed $300 | 22 |
| and the property damaged is a school building or place of
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| worship. Criminal
defacement of property is a Class 4 felony | 24 |
| for a second or subsequent
conviction or if the damage to the | 25 |
| property exceeds $300.
Criminal defacement of property is a |
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| Class 3 felony if the damage to property
exceeds $300 and the | 2 |
| property damaged is a school building or place of
worship.
In | 3 |
| addition to any other sentence that may be imposed
for a | 4 |
| violation of this Section that is chargeable as a Class 3 or | 5 |
| Class 4
felony,
a person convicted of
criminal defacement of
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| property shall be subject to a mandatory minimum fine of $500 | 7 |
| plus the
actual costs incurred
by the property owner or the | 8 |
| unit of government to abate, remediate,
repair, or remove the | 9 |
| effect of the damage to the property. To the extent
permitted | 10 |
| by law, reimbursement for the costs of abatement, remediation,
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| repair, or removal shall be payable to the person who incurred | 12 |
| the costs.
In addition to any
other sentence that may be | 13 |
| imposed, a court shall order any person convicted of
criminal | 14 |
| defacement of property to perform community service for not | 15 |
| less than
30 and not more than 120 hours, if community service | 16 |
| is available in the
jurisdiction. The community service shall | 17 |
| include, but need
not be limited to, the cleanup and repair of | 18 |
| the damage to property that was
caused by the offense, or | 19 |
| similar damage to property located in the
municipality or | 20 |
| county in which the offense occurred.
If the property damaged | 21 |
| is a school building, the community service may
include | 22 |
| cleanup, removal, or painting over the defacement.
In addition, | 23 |
| whenever any
person is placed on supervision for an alleged | 24 |
| offense under this Section, the
supervision shall be | 25 |
| conditioned
upon the performance of the community service.
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| (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99; |
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| 91-931, eff. 6-1-01.)
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