Public Act 099-0631
 
SB2907 EnrolledLRB099 18320 RLC 42694 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 2012 is amended by changing
Sections 21-1, 21-1.2, and 21-1.3 as follows:
 
    (720 ILCS 5/21-1)  (from Ch. 38, par. 21-1)
    Sec. 21-1. Criminal damage to property.
    (a) A person commits criminal damage to property when he or
she:
        (1) knowingly damages any property of another;
        (2) recklessly by means of fire or explosive damages
    property of another;
        (3) knowingly starts a fire on the land of another;
        (4) knowingly injures a domestic animal of another
    without his or her consent;
        (5) knowingly deposits on the land or in the building
    of another any stink bomb or any offensive smelling
    compound and thereby intends to interfere with the use by
    another of the land or building;
        (6) knowingly damages any property, other than as
    described in paragraph (2) of subsection (a) of Section
    20-1, with intent to defraud an insurer;
        (7) knowingly shoots a firearm at any portion of a
    railroad train;
        (8) knowingly, without proper authorization, cuts,
    injures, damages, defaces, destroys, or tampers with any
    fire hydrant or any public or private fire fighting
    equipment, or any apparatus appertaining to fire fighting
    equipment; or
        (9) intentionally, without proper authorization, opens
    any fire hydrant.
    (b) 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.
    (c) It is an affirmative defense to a violation of
paragraph (1), (3), or (5) of subsection (a) of this Section
that the owner of the property or land damaged consented to the
damage.
    (d) Sentence.
        (1) A violation of subsection (a) shall have the
    following penalties:
            (A) A violation of paragraph (8) or (9) is a Class
        B misdemeanor.
            (B) A violation of paragraph (1), (2), (3), (5), or
        (6) is a Class A misdemeanor when the damage to
        property does not exceed $500 $300.
             (C) A violation of paragraph (1), (2), (3), (5),
        or (6) is a Class 4 felony when the damage to property
        does not exceed $500 $300 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 or property which
        memorializes or honors an individual or group of police
        officers, fire fighters, members of the United States
        Armed Forces, National Guard, or veterans.
             (D) A violation of paragraph (4) is a Class 4
        felony when the damage to property does not exceed
        $10,000.
             (E) A violation of paragraph (7) is a Class 4
        felony.
             (F) A violation of paragraph (1), (2), (3), (5) or
        (6) is a Class 4 felony when the damage to property
        exceeds $500 $300 but does not exceed $10,000.
             (G) A violation of paragraphs (1) through (6) is a
        Class 3 felony when the damage to property exceeds $500
        $300 but does not exceed $10,000 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 or property which
        memorializes or honors an individual or group of police
        officers, fire fighters, members of the United States
        Armed Forces, National Guard, or veterans.
             (H) A violation of paragraphs (1) through (6) is a
        Class 3 felony when the damage to property exceeds
        $10,000 but does not exceed $100,000.
             (I) A violation of paragraphs (1) through (6) is a
        Class 2 felony when the damage to property exceeds
        $10,000 but does not exceed $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 or property which
        memorializes or honors an individual or group of police
        officers, fire fighters, members of the United States
        Armed Forces, National Guard, or veterans.
             (J) A violation of paragraphs (1) through (6) is a
        Class 2 felony when the damage to property exceeds
        $100,000. A violation of paragraphs (1) through (6) is
        a Class 1 felony when 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 or
        property which memorializes or honors an individual or
        group of police officers, fire fighters, members of the
        United States Armed Forces, National Guard, or
        veterans.
        (2) When 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.
        (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.
        The community service requirement does not apply when
    the court imposes a sentence of incarceration.
        (4) In addition to any criminal penalties imposed for a
    violation of this Section, if a person is convicted of or
    placed on supervision for knowingly damaging or destroying
    crops of another, including crops intended for personal,
    commercial, research, or developmental purposes, the
    person is liable in a civil action to the owner of any
    crops damaged or destroyed for money damages up to twice
    the market value of the crops damaged or destroyed.
        (5) For the purposes of this subsection (d), "farm
    equipment" means machinery or other equipment used in
    farming.
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14.)
 
    (720 ILCS 5/21-1.2)  (from Ch. 38, par. 21-1.2)
    Sec. 21-1.2. Institutional vandalism.
    (a) A person commits institutional vandalism when, by
reason of the actual or perceived race, color, creed, religion,
ancestry, gender, sexual orientation, physical or mental
disability, or national origin of another individual or group
of individuals, regardless of the existence of any other
motivating factor or factors, he or she knowingly and without
consent inflicts damage to any of the following properties:
        (1) A church, synagogue, mosque, or other building,
    structure or place used for religious worship or other
    religious purpose;
        (2) A cemetery, mortuary, or other facility used for
    the purpose of burial or memorializing the dead;
        (3) A school, educational facility or community
    center;
        (4) The grounds adjacent to, and owned or rented by,
    any institution, facility, building, structure or place
    described in paragraphs (1), (2) or (3) of this subsection
    (a); or
        (5) Any personal property contained in any
    institution, facility, building, structure or place
    described in paragraphs (1), (2) or (3) of this subsection
    (a).
    (b) Sentence.
         (1) Institutional vandalism is a Class 3 felony when
    the damage to the property does not exceed $500 $300.
    Institutional vandalism is a Class 2 felony when the damage
    to the property exceeds $500 $300. Institutional vandalism
    is a Class 2 felony for any second or subsequent offense.
        (2) Upon imposition of any sentence, the trial court
    shall also either order restitution paid to the victim or
    impose a fine up to $1,000. In addition, any order of
    probation or conditional discharge entered following a
    conviction or an adjudication of delinquency shall include
    a condition that the offender perform public or community
    service of no less than 200 hours if that service is
    established in the county where the offender was convicted
    of institutional vandalism. The court may also impose any
    other condition of probation or conditional discharge
    under this Section.
    (c) Independent of any criminal prosecution or the result
of that prosecution, a person suffering damage to property or
injury to his or her person as a result of institutional
vandalism may bring a civil action for damages, injunction or
other appropriate relief. The court may award actual damages,
including damages for emotional distress, or punitive damages.
A judgment may include attorney's fees and costs. The parents
or legal guardians of an unemancipated minor, other than
guardians appointed under the Juvenile Court Act or the
Juvenile Court Act of 1987, shall be liable for the amount of
any judgment for actual damages rendered against the minor
under this subsection in an amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
    (d) As used in this Section, "sexual orientation" has the
meaning ascribed to it in paragraph (O-1) of Section 1-103 of
the Illinois Human Rights Act.
(Source: P.A. 99-77, eff. 1-1-16.)
 
    (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) 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 $500 $300. Criminal
defacement of property is a Class 4 felony when the aggregate
value of the damage to property does not exceed $500 $300 and
the property damaged is a school building or place of worship
or property which memorializes or honors an individual or group
of police officers, fire fighters, members of the United States
Armed Forces or National Guard, or veterans. Criminal
defacement of property is a Class 4 felony for a second or
subsequent conviction or when the aggregate value of the damage
to the property exceeds $500 $300. Criminal defacement of
property is a Class 3 felony when the aggregate value of the
damage to property exceeds $500 $300 and the property damaged
is a school building or place of worship or property which
memorializes or honors an individual or group of police
officers, fire fighters, members of the United States Armed
Forces or National Guard, or veterans.
    (2) In addition to any other sentence that may be imposed
for a violation of this Section, a person convicted of criminal
defacement of property shall:
        (A) pay 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; 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.
    (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
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
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.
(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14;
98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)

Effective Date: 1/1/2017