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| | SB2231 Engrossed | - 2 - | LRB098 08864 RLC 38994 b |
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| 1 | | railroad train; |
| 2 | | (8) knowingly, without proper authorization, cuts, |
| 3 | | injures, damages, defaces, destroys, or tampers with any |
| 4 | | fire hydrant or any public or private fire fighting |
| 5 | | equipment, or any apparatus appertaining to fire fighting |
| 6 | | equipment; or |
| 7 | | (9) intentionally, without proper authorization, opens |
| 8 | | any fire hydrant.
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| 9 | | (b) When the charge of criminal damage to property |
| 10 | | exceeding a specified
value is brought, the extent of the |
| 11 | | damage is an element of the offense to
be resolved by the trier |
| 12 | | of fact as either exceeding or not exceeding
the specified |
| 13 | | value.
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| 14 | | (c) It is an affirmative defense to a violation of |
| 15 | | paragraph (1), (3), or (5) of subsection (a) of this Section |
| 16 | | that the owner of the property or land damaged consented to the |
| 17 | | damage.
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| 18 | | (d) Sentence. |
| 19 | | (1) A violation of subsection (a) shall have the |
| 20 | | following penalties: |
| 21 | | (A) A violation of paragraph (8) or (9) is a Class |
| 22 | | B misdemeanor. |
| 23 | | (B) A violation of paragraph (1), (2), (3), (5), or |
| 24 | | (6) is a Class
A misdemeanor when the damage to |
| 25 | | property does not exceed $300. |
| 26 | |
(C) A violation of paragraph (1), (2), (3), (5), |
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| 1 | | or (6) is a Class 4
felony when the damage to
property |
| 2 | | does not exceed $300 and the damage occurs to property |
| 3 | | of a school
or
place of worship or to farm equipment or |
| 4 | | immovable items of agricultural
production, including
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| 5 | | but not
limited to grain elevators, grain bins, and |
| 6 | | barns or property which memorializes or honors an |
| 7 | | individual or group of police officers, fire fighters, |
| 8 | | members of the United States Armed Forces, National |
| 9 | | Guard, or veterans. |
| 10 | | (D) A violation of paragraph (4) is a Class 4
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| 11 | | felony when the
damage to property does not exceed |
| 12 | | $10,000. |
| 13 | | (E) A violation of paragraph (7) is a Class 4 |
| 14 | | felony. |
| 15 | | (F) A violation of paragraph (1), (2), (3), (5) or |
| 16 | | (6) is a Class 4 felony when the damage to property
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| 17 | | exceeds $300 but does not exceed $10,000. |
| 18 | | (G) A violation of paragraphs (1) through (6) is a |
| 19 | | Class 3 felony when the damage to property exceeds $300 |
| 20 | | but
does not exceed $10,000 and the damage occurs to |
| 21 | | property of a school
or place
of worship or to farm |
| 22 | | equipment or immovable items of agricultural
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| 23 | | production,
including
but not
limited to grain |
| 24 | | elevators, grain bins, and barns or property which |
| 25 | | memorializes or honors an individual or group of police |
| 26 | | officers, fire fighters, members of the United States |
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| | SB2231 Engrossed | - 4 - | LRB098 08864 RLC 38994 b |
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| 1 | | Armed Forces, National Guard, or veterans. |
| 2 | | (H) A violation of paragraphs (1) through (6) is a |
| 3 | | Class 3 felony when the damage to property
exceeds |
| 4 | | $10,000 but does not exceed $100,000. |
| 5 | | (I) A violation of paragraphs (1) through (6) is a |
| 6 | | Class 2 felony when the damage to property exceeds |
| 7 | | $10,000
but does not exceed $100,000 and the damage |
| 8 | | occurs to property of a school
or
place of worship or |
| 9 | | to farm equipment or immovable items
of agricultural |
| 10 | | production, including
but not
limited to grain |
| 11 | | elevators, grain bins, and barns or property which |
| 12 | | memorializes or honors an individual or group of police |
| 13 | | officers, fire fighters, members of the United States |
| 14 | | Armed Forces, National Guard, or veterans. |
| 15 | |
(J) A violation of paragraphs (1) through (6) is a |
| 16 | | Class 2 felony when the damage to property exceeds
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| 17 | | $100,000. A violation of paragraphs (1) through (6) is |
| 18 | | a Class 1 felony when the damage to property exceeds |
| 19 | | $100,000 and the damage occurs to property of
a school |
| 20 | | or place of worship or to farm equipment or immovable |
| 21 | | items
of agricultural production, including
but not
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| 22 | | limited to grain elevators, grain bins, and barns or |
| 23 | | property which memorializes or honors an individual or |
| 24 | | group of police officers, fire fighters, members of the |
| 25 | | United States Armed Forces, National Guard, or |
| 26 | | veterans.
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| 1 | | (2) When the damage to property exceeds $10,000,
the
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| 2 | | court shall impose
upon the offender a fine equal to the |
| 3 | | value of the damages to the property.
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| 4 | | (3) In addition to any other sentence that may be |
| 5 | | imposed, a court shall
order any person convicted of |
| 6 | | criminal damage to property to perform community
service |
| 7 | | for not less than 30 and not more than 120 hours, if |
| 8 | | community service
is available in the jurisdiction
and is |
| 9 | | funded and approved by the county board of the county where |
| 10 | | the
offense was committed.
In addition, whenever any person |
| 11 | | is placed
on supervision for an alleged offense under this |
| 12 | | Section, the supervision shall
be conditioned upon the |
| 13 | | performance of the community service.
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| 14 | | The community service requirement does not apply when |
| 15 | | the court imposes a sentence of
incarceration.
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| 16 | | (4) In addition to any criminal penalties imposed for a |
| 17 | | violation of this Section, if a person is convicted of or |
| 18 | | placed on supervision for knowingly damaging or destroying |
| 19 | | crops of another, including crops intended for personal, |
| 20 | | commercial, research, or developmental purposes, the |
| 21 | | person is liable in a civil action to the owner of any |
| 22 | | crops damaged or destroyed for money damages up to twice |
| 23 | | the market value of the crops damaged or destroyed. |
| 24 | | (5) For the purposes of this subsection (d), "farm |
| 25 | | equipment" means machinery
or
other equipment used in |
| 26 | | farming. |
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| 1 | | (Source: P.A. 96-529, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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| 2 | | (720 ILCS 5/21-1.3)
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| 3 | | Sec. 21-1.3. Criminal defacement of property.
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| 4 | | (a) A person commits criminal defacement of property when |
| 5 | | the person
knowingly damages the property of another by
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| 6 | | defacing, deforming, or otherwise damaging the property by the |
| 7 | | use of paint or
any other similar substance, or by the use of a |
| 8 | | writing instrument, etching
tool, or any other similar device. |
| 9 | | It is an affirmative defense to a violation of this Section |
| 10 | | that the owner of the property damaged consented to such |
| 11 | | damage.
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| 12 | | (b) Sentence. |
| 13 | | (1) Criminal defacement of property is a Class A |
| 14 | | misdemeanor for a
first offense when the aggregate value of the |
| 15 | | damage to the property does not exceed $300. Criminal
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| 16 | | defacement of property is a Class 4 felony when the aggregate |
| 17 | | value of the damage to property does not
exceed $300 and the |
| 18 | | property damaged is a school building or place of
worship or |
| 19 | | property which memorializes or honors an individual or group of |
| 20 | | police officers, fire fighters, members of the United States |
| 21 | | Armed Forces, National Guard, or veterans. Criminal
defacement |
| 22 | | of property is a Class 4 felony for a second or subsequent
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| 23 | | conviction or when the aggregate value of the damage to the |
| 24 | | property exceeds $300.
Criminal defacement of property is a |
| 25 | | Class 3 felony when the aggregate value of the damage to |
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| 1 | | property
exceeds $300 and the property damaged is a school |
| 2 | | building or place of
worship or property which memorializes or |
| 3 | | honors an individual or group of police officers, fire |
| 4 | | fighters, members of the United States Armed Forces, National |
| 5 | | Guard, or veterans.
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| 6 | | (2) In addition to any other sentence that may be imposed
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| 7 | | for a violation of this Section that is chargeable as a Class 3 |
| 8 | | or Class 4
felony,
a person convicted of
criminal defacement of
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| 9 | | property shall be subject to a mandatory minimum fine of $500 |
| 10 | | plus the
actual costs incurred
by the property owner or the |
| 11 | | unit of government to abate, remediate,
repair, or remove the |
| 12 | | effect of the damage to the property. To the extent
permitted |
| 13 | | by law, reimbursement for the costs of abatement, remediation,
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| 14 | | repair, or removal shall be payable to the person who incurred |
| 15 | | the costs.
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| 16 | | (3) In addition to any
other sentence that may be imposed, |
| 17 | | a court shall order any person convicted of
criminal defacement |
| 18 | | of property to perform community service for not less than
30 |
| 19 | | and not more than 120 hours, if community service is available |
| 20 | | in the
jurisdiction. The community service shall include, but |
| 21 | | need
not be limited to, the cleanup and repair of the damage to |
| 22 | | property that was
caused by the offense, or similar damage to |
| 23 | | property located in the
municipality or county in which the |
| 24 | | offense occurred.
When the property damaged is a school |
| 25 | | building, the community service may
include cleanup, removal, |
| 26 | | or painting over the defacement.
In addition, whenever any
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| 1 | | person is placed on supervision for an alleged offense under |
| 2 | | this Section, the
supervision shall be conditioned
upon the |
| 3 | | performance of the community service. |
| 4 | | (4) For the purposes of this subsection (b), aggregate |
| 5 | | value shall be determined by adding the value of the damage to |
| 6 | | one or more properties if the offenses were committed as part |
| 7 | | of a single course of conduct.
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| 8 | | (Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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