Bill Text: IL HB0102 | 2011-2012 | 97th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961 relating to the offense of criminal damage to property. Defines "property of another" to mean a building or other property, whether real or personal, in which a person other than the offender has an interest which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB0102 Detail]

Download: Illinois-2011-HB0102-Engrossed.html

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HB0102 Engrossed LRB097 05569 RLC 45631 b
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 1961 is amended by changing
Section 21-1 as follows:
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
Sec. 21-1. Criminal damage to property.
(1) A person commits an illegal act when he:
(a) knowingly damages any property of another; or
(b) recklessly by means of fire or explosive damages
property of another; or
(c) knowingly starts a fire on the land of another; or
(d) knowingly injures a domestic animal of another
without his consent; or
(e) knowingly deposits on the land or in the building
of another any stink bomb or any offensive smelling
compound and thereby intends to interfere with the use by
another of the land or building; or
(f) damages any property, other than as described in
subsection (b) of Section 20-1, with intent to defraud an
insurer; or
(g) knowingly shoots a firearm at any portion of a
railroad train.

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When the charge of criminal damage to property exceeding a
specified value is brought, the extent of the damage is an
element of the offense to be resolved by the trier of fact as
either exceeding or not exceeding the specified value.
It is an affirmative defense to a violation of item (a),
(c), or (e) of this Section that the owner of the property or
land damaged consented to such damage.
For the purposes of this subsection (1), "property of
another" means a building or other property, whether real or
personal, in which a person other than the offender has an
interest which the offender has no authority to defeat or
impair, even though the offender may also have an interest in
the building or property.
(2) The acts described in items (a), (b), (c), (e), and (f)
are Class A misdemeanors if the damage to property does not
exceed $300. The acts described in items (a), (b), (c), (e),
and (f) are Class 4 felonies if the damage to property does not
exceed $300 if the damage occurs to property of a school or
place of worship or to farm equipment or immovable items of
agricultural production, including but not limited to grain
elevators, grain bins, and barns. The act described in item (d)
is a Class 4 felony if the damage to property does not exceed
$10,000. The act described in item (g) is a Class 4 felony. The
acts described in items (a), (b), (c), (e), and (f) are Class 4
felonies if the damage to property exceeds $300 but does not
exceed $10,000. The acts described in items (a) through (f) are

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Class 3 felonies if the damage to property exceeds $300 but
does not exceed $10,000 if the damage occurs to property of a
school or place of worship or to farm equipment or immovable
items of agricultural production, including but not limited to
grain elevators, grain bins, and barns. The acts described in
items (a) through (f) are Class 3 felonies if the damage to
property exceeds $10,000 but does not exceed $100,000. The acts
described in items (a) through (f) are Class 2 felonies if the
damage to property exceeds $10,000 but does not exceed $100,000
if the damage occurs to property of a school or place of
worship or to farm equipment or immovable items of agricultural
production, including but not limited to grain elevators, grain
bins, and barns. The acts described in items (a) through (f)
are Class 2 felonies if the damage to property exceeds
$100,000. The acts described in items (a) through (f) are Class
1 felonies if the damage to property exceeds $100,000 and the
damage occurs to property of a school or place of worship or to
farm equipment or immovable items of agricultural production,
including but not limited to grain elevators, grain bins, and
barns. If the damage to property exceeds $10,000, the court
shall impose upon the offender a fine equal to the value of the
damages to the property.
For the purposes of this subsection (2), "farm equipment"
means machinery or other equipment used in farming.
(3) In addition to any other sentence that may be imposed,
a court shall order any person convicted of criminal damage to

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property to perform community service for not less than 30 and
not more than 120 hours, if community service is available in
the jurisdiction and is funded and approved by the county board
of the county where the offense was committed. 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.
This subsection does not apply when the court imposes a
sentence of incarceration.
(4) In addition to any criminal penalties imposed for a
violation of this Section, if a person is convicted of or
placed on supervision for knowingly damaging or destroying
crops of another, including crops intended for personal,
commercial, research, or developmental purposes, the person is
liable in a civil action to the owner of any crops damaged or
destroyed for money damages up to twice the market value of the
crops damaged or destroyed.
(Source: P.A. 95-553, eff. 6-1-08; 96-529, eff. 8-14-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.