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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB1738
LRB9104521KStm
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- LRB9104521KStm
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) Upon conviction of any person under 19 years of age
6 for a violation of this Section, the clerk of the court
7 shall, on forms prescribed by the Secretary of State, send a
8 report of the conviction to the Secretary of State. The
9 Secretary of State shall, upon receipt of the report provided
10 for in this subsection (c), suspend all driving privileges of
11 the person under 19 years of age convicted for a violation of
12 this Section for a period of 1 year.
13 (Source: P.A. 90-685, eff. 1-1-99.)