Public Act 095-0553
 
HB0977 Enrolled LRB095 04538 RLC 24591 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 21-1 and 21-1.3 as follows:
 
    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (1) A person commits an illegal act when he:
        (a) knowingly damages any property of another without
    his consent; or
        (b) recklessly by means of fire or explosive damages
    property of another; or
        (c) knowingly starts a fire on the land of another
    without his consent; or
        (d) knowingly injures a domestic animal of another
    without his consent; or
        (e) knowingly deposits on the land or in the building
    of another, without his consent, any stink bomb or any
    offensive smelling compound and thereby intends to
    interfere with the use by another of the land or building;
    or
        (f) damages any property, other than as described in
    subsection (b) of Section 20-1, with intent to defraud an
    insurer; or
        (g) knowingly shoots a firearm at any portion of a
    railroad train.
    When the charge of criminal damage to property exceeding a
specified value is brought, the extent of the damage is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
    It is an affirmative defense to a violation of item (a),
(c), or (e) of this Section that the owner of the property or
land damaged consented to such damage.
    (2) The acts described in items (a), (b), (c), (e), and (f)
are Class A misdemeanors if the damage to property does not
exceed $300. The acts described in items (a), (b), (c), (e),
and (f) are Class 4 felonies if the damage to property does not
exceed $300 if the damage occurs to property of a school or
place of worship or to farm equipment or immovable items of
agricultural production, including but not limited to grain
elevators, grain bins, and barns. The act described in item (d)
is a Class 4 felony if the damage to property does not exceed
$10,000. The act described in item (g) is a Class 4 felony. The
acts described in items (a), (b), (c), (e), and (f) are Class 4
felonies if the damage to property exceeds $300 but does not
exceed $10,000. The acts described in items (a) through (f) are
Class 3 felonies if the damage to property exceeds $300 but
does not exceed $10,000 if the damage occurs to property of a
school or place of worship or to farm equipment or immovable
items of agricultural production, including but not limited to
grain elevators, grain bins, and barns. The acts described in
items (a) through (f) are Class 3 felonies if the damage to
property exceeds $10,000 but does not exceed $100,000. The acts
described in items (a) through (f) are Class 2 felonies if the
damage to property exceeds $10,000 but does not exceed $100,000
if the damage occurs to property of a school or place of
worship or to farm equipment or immovable items of agricultural
production, including but not limited to grain elevators, grain
bins, and barns. The acts described in items (a) through (f)
are Class 2 felonies if the damage to property exceeds
$100,000. The acts described in items (a) through (f) are Class
1 felonies if the damage to property exceeds $100,000 and the
damage occurs to property of a school or place of worship or to
farm equipment or immovable items of agricultural production,
including but not limited to grain elevators, grain bins, and
barns. If the damage to property exceeds $10,000, the court
shall impose upon the offender a fine equal to the value of the
damages to the property.
    For the purposes of this subsection (2), "farm equipment"
means machinery or other equipment used in farming.
    (3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal damage to
property to perform community service for not less than 30 and
not more than 120 hours, if community service is available in
the jurisdiction and is funded and approved by the county board
of the county where the offense was committed. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
    This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 94-509, eff. 8-9-05.)
 
    (720 ILCS 5/21-1.3)
    Sec. 21-1.3. Criminal defacement of property.
    (a) A person commits criminal defacement of property when
the person knowingly damages the property of another without
his or her consent by defacing, deforming, or otherwise
damaging the property by the use of paint or any other similar
substance, or by the use of a writing instrument, etching tool,
or any other similar device. It is an affirmative defense to a
violation of this Section that the owner of the property
damaged consented to such damage.
    (b) Criminal defacement of property is a Class A
misdemeanor for a first offense if the damage to the property
does not exceed $300. Criminal defacement of property is a
Class 4 felony if the damage to property does not exceed $300
and the property damaged is a school building or place of
worship. Criminal defacement of property is a Class 4 felony
for a second or subsequent conviction or if the damage to the
property exceeds $300. Criminal defacement of property is a
Class 3 felony if the damage to property exceeds $300 and the
property damaged is a school building or place of worship. In
addition to any other sentence that may be imposed for a
violation of this Section that is chargeable as a Class 3 or
Class 4 felony, a person convicted of criminal defacement of
property shall be subject to a mandatory minimum fine of $500
plus the actual costs incurred by the property owner or the
unit of government to abate, remediate, repair, or remove the
effect of the damage to the property. To the extent permitted
by law, reimbursement for the costs of abatement, remediation,
repair, or removal shall be payable to the person who incurred
the costs. In addition to any other sentence that may be
imposed, a court shall order any person convicted of criminal
defacement of property to perform community service for not
less than 30 and not more than 120 hours, if community service
is available in the jurisdiction. The community service shall
include, but need not be limited to, the cleanup and repair of
the damage to property that was caused by the offense, or
similar damage to property located in the municipality or
county in which the offense occurred. If the property damaged
is a school building, the community service may include
cleanup, removal, or painting over the defacement. In addition,
whenever any person is placed on supervision for an alleged
offense under this Section, the supervision shall be
conditioned upon the performance of the community service.
(Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99;
91-931, eff. 6-1-01.)