Public Act 098-0315
 
SB2231 EnrolledLRB098 08864 RLC 38994 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 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 $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 $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 $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 $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. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)

 


    (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 $300.  Criminal

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 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.  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 $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 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) 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.

    (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. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)