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91_SB1382eng SB1382 Engrossed LRB9110270RCpk 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 if the damage to property does not exceed $300 19 and the property damaged is a school building or place of 20 worship. Criminal defacement of property is a Class 4 felony 21 for a second or subsequent conviction or if the damage to the 22 property exceeds $300. Criminal defacement of property is a 23 Class 3 felony if the damage to property exceeds $300 and the 24 property damaged is a school building or place of worship. In 25 addition to any other sentence that may be imposed for a 26 violation of this Section that is chargeable as a Class 3 or 27 Class 4 felony, a person convicted of criminal defacement of 28 property shall be fined $500 plus the actual costs incurred 29 by the property owner or the unit of government to abate, 30 remediate, repair, or remove the effect of the damage to the 31 property. To the extent permitted by law, reimbursement for SB1382 Engrossed -2- LRB9110270RCpk 1 the costs of abatement, remediation, repair, or removal shall 2 be payable to the person who incurred the costs. In addition 3 to any other sentence that may be imposed, a court shall 4 order any person convicted of criminal defacement of property 5 to perform community service for not less than 30 and not 6 more than 120 hours, if community service is available in the 7 jurisdiction. The community service shall include, but need 8 not be limited to, the cleanup and repair of the damage to 9 property that was caused by the offense, or similar damage to 10 property located in the municipality or county in which the 11 offense occurred. If the property damaged is a school 12 building, the community service may include cleanup, removal, 13 or painting over the defacement. In addition, whenever any 14 person is placed on supervision for an alleged offense under 15 this Section, the supervision shall be conditioned upon the 16 performance of the community service. 17 (Source: P.A. 90-685, eff. 1-1-99; 91-360, eff. 7-29-99.)