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| Public Act 096-0499 |
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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 | ||||
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) 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
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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
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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
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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.
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(Source: P.A. 95-553, eff. 6-1-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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