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Public Act 098-0466
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| HB3043 Enrolled | LRB098 09361 RLC 41555 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 2012 is amended by changing |
Section 21-1.3 as follows:
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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 |
the person
knowingly damages the property of another by
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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.
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(b) Sentence. |
(1) Criminal defacement of property is a Class A |
misdemeanor for a
first offense when the aggregate value of the |
damage to the property does not exceed $300. Criminal
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defacement of property is a Class 4 felony when 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 |
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second or subsequent
conviction or when the aggregate value of |
the damage to the property exceeds $300.
Criminal defacement of |
property is a Class 3 felony when the aggregate value of the |
damage to property
exceeds $300 and the property damaged is a |
school building or place of
worship.
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(2) In addition to any other sentence that may be imposed
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for a violation of this Section that is chargeable as a Class 3 |
or Class 4
felony,
a person convicted of
criminal defacement of
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property shall: |
(A) pay 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
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permitted by law, reimbursement for the costs of abatement, |
remediation,
repair, or removal shall be payable to the |
person who incurred the costs; and |
(B) if convicted of criminal defacement of property |
that is chargeable as a Class 3 or Class 4 felony pay a |
mandatory minimum fine of $500.
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(3) 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 |
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property located in the
municipality or county in which the |
offense occurred.
When the property damaged is a school |
building, the community service may
include cleanup, removal, |
or painting over the defacement.
In addition, whenever any
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person is placed on supervision for an alleged offense under |
this Section, the
supervision shall be conditioned
upon the |
performance of the community service. |
(4) 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.
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(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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