Bill Text: IL HB3043 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amend the Criminal Code of 2012. Creates the offense of historic site vandalism. Provides that a person commits historic site vandalism when he or she knowingly inflicts damage to property located in or on a historic site. Defines "historic site" as (1) property listed on the National Register of Historic Places; or (2) property designated with landmark status by any county, township, or municipality. Provides that a violation is a petty offense. Provides that in addition to any other sentence imposed, the court shall sentence the offender to pay: (1) financial restitution for replication and repair of damage to the property vandalized that meets the quality of the original construction of the structure or grounds; and (2) a fine equal to the cost of replication of the vandalized property. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0466 [HB3043 Detail]
Download: Illinois-2013-HB3043-Chaptered.html
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| Public Act 098-0466 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 21-1.3 as follows:
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(720 ILCS 5/21-1.3)
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Sec. 21-1.3. Criminal defacement of property.
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(a) A person commits criminal defacement of property when | ||||
the person
knowingly damages the property of another by
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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.
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(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 $300. Criminal
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defacement of property is a Class 4 felony when the aggregate | ||||
value of the damage to property does not
exceed $300 and the | ||||
property damaged is a school building or place of
worship. | ||||
Criminal
defacement of property is a Class 4 felony for a | ||||
second or subsequent
conviction or when the aggregate value of | ||
the damage to the property exceeds $300.
Criminal defacement of | ||
property is a Class 3 felony when the aggregate value of the | ||
damage to property
exceeds $300 and the property damaged is a | ||
school building or place of
worship.
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(2) In addition to any other sentence that may be imposed
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for a violation of this Section that is chargeable as a Class 3 | ||
or Class 4
felony,
a person convicted of
criminal defacement of
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property shall: | ||
(A) pay be subject to a mandatory minimum fine of $500 | ||
plus the
actual costs incurred
by the property owner or the | ||
unit of government to abate, remediate,
repair, or remove | ||
the effect of the damage to the property. To the extent
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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.
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(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
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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.
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(Source: P.A. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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