Illinois General Assembly - Full Text of Public Act 096-0499
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Public Act 096-0499


 

Public Act 0499 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0499
 
HB0192 Enrolled LRB096 03313 RLC 13332 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
Section 21-1.3 as follows:
 
    (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 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 aggregate value of the
damage to the property does not exceed $300. Criminal
defacement of property is a Class 4 felony if the aggregate
value of 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 aggregate value of
the damage to the property exceeds $300. Criminal defacement of
property is a Class 3 felony if the aggregate value of 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. For the purposes of this subsection (b),
aggregate value shall be determined by adding the value of the
damage to one or more properties if the offenses were committed
as part of a single course of conduct.
(Source: P.A. 95-553, eff. 6-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009