Bill Text: IL HB3713 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that criminal defacement of property is a Class 3 (rather than a Class 4) felony when the aggregate value of the damage to property does not exceed $500 and the property damaged is a place of worship. Criminal defacement of property is a Class 2 (rather than a Class 3) felony when the aggregate value of the damage to property exceeds $500 and the property damaged is a place of worship.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3713 Detail]

Download: Illinois-2017-HB3713-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3713 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED:
720 ILCS 5/21-1.3
Amends the Criminal Code of 2012. Provides that criminal defacement of property is a Class 3 (rather than a Class 4) felony when the aggregate value of the damage to property does not exceed $500 and the property damaged is a place of worship. Criminal defacement of property is a Class 2 (rather than a Class 3) felony when the aggregate value of the damage to property exceeds $500 and the property damaged is a place of worship.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
Section 21-1.3 as follows:
(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 $500. Criminal
defacement of property is a Class 4 felony when the aggregate
value of the damage to property does not exceed $500 and the
property damaged is a school building or place of worship or
property which memorializes or honors an individual or group of

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police officers, fire fighters, members of the United States
Armed Forces or National Guard, or veterans. Criminal
defacement of property, other than when the property damaged is
a school building, 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 or National Guard, or veterans is a Class 4 felony for a
second or subsequent conviction or when the aggregate value of
the damage to the property exceeds $500. Criminal defacement of
property is a Class 3 felony when the aggregate value of the
damage to property exceeds $500 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 or National Guard, or veterans. Criminal defacement of
property is a Class 3 felony when the aggregate value of the
damage to property does not exceed $500 and the property
damaged is a place of worship. Criminal defacement of property
is a Class 2 felony when the aggregate value of the damage to
property exceeds $500 and the property damaged is a place of
worship.
(2) In addition to any other sentence that may be imposed
for a violation of this Section, a person convicted of criminal
defacement of property shall:
(A) pay the actual costs incurred by the property owner
or the unit of government to abate, remediate, repair, or

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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; and
(B) if convicted of criminal defacement of property
that is chargeable as a Class 3 or Class 4 felony, pay a
mandatory minimum fine of $500.
(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. 98-315, eff. 1-1-14; 98-466, eff. 8-16-13;

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98-756, eff. 7-16-14; 99-631, eff. 1-1-17.)