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91_HB0450
LRB9102372RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 21-1.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 21-1.3 as follows:
7 (720 ILCS 5/21-1.3)
8 Sec. 21-1.3. Criminal defacement of property.
9 (a) A person commits criminal defacement of property
10 when the person knowingly damages the property of another
11 without his or her consent by defacing, deforming, or
12 otherwise damaging the property by the use of paint or any
13 other similar substance, or by the use of a writing
14 instrument, etching tool, or any other similar device.
15 (b) Criminal defacement of property is a Class A
16 misdemeanor for a first offense if the damage to the property
17 does not exceed $300. Criminal defacement of property is a
18 Class 4 felony for a second or subsequent conviction or if
19 the damage to the property exceeds $300. Criminal defacement
20 of property is a Class 3 felony if the damage to property
21 exceeds $300 and the property damaged is a school building.
22 In addition to any other sentence that may be imposed, a
23 court shall order any person convicted of criminal defacement
24 of property to perform community service for not less than 30
25 and not more than 120 hours, if community service is
26 available in the jurisdiction. The community service shall
27 include, but need not be limited to, the cleanup and repair
28 of the damage to property that was caused by the offense, or
29 similar damage to property located in the municipality or
30 county in which the offense occurred. If the property damaged
31 is a school building, the community service may include
-2- LRB9102372RCks
1 cleanup, removal, or painting over the defacement. In
2 addition, whenever any person is placed on supervision for an
3 alleged offense under this Section, the supervision shall be
4 conditioned upon the performance of the community service.
5 (c) A railroad corporation must, within 7 days after the
6 receipt of a notice from the county or municipality that
7 criminal defacement of property that is a railroad overpass
8 has occurred, clean up the defacement to the overpass. If
9 the railroad corporation fails to clean up the defacement
10 within that 7 day period, the railroad corporation is guilty
11 of a petty offense and must be fined $100. If the railroad
12 corporation fails to clean up the overpass within the 7 day
13 period as required in this subsection (c), the county or
14 municipality in which the overpass is located may clean up
15 the overpass. For the purposes of this subsection (c),
16 "railroad corporation" means a company that owns, leases, or
17 has control over track and associated structures, including
18 bridges, tunnels, switches, spurs, terminals, and other
19 facilities and equipment, including engines, freight cars,
20 passenger cars, cabooses, and other equipment used in the
21 transportation of property or passengers by rail; and
22 "railroad overpass" means any structure that passes over
23 railroad tracks that is owned, leased, or under the control
24 of a railroad corporation.
25 (Source: P.A. 90-685, eff. 1-1-99.)