Public Act 096-0529
 		





HB4177 Enrolled
LRB096 09833 RLC 19996 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 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;
or


        (b) recklessly by means of fire or explosive damages 
    property of
another; or


        (c) knowingly starts a fire on the land of another; 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 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.


    (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. 
(Source: P.A. 94-509, eff. 8-9-05; 95-553, eff. 6-1-08.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2009.