Public Act 098-0466

HB3043 Enrolled LRB098 09361 RLC 41555 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 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 $300. Criminal

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.

(2) In addition to any other sentence that may be imposed

for a violation of this Section that is chargeable as a Class 3

or Class 4 felony, a person convicted of criminal defacement of

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

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. 96-499, eff. 8-14-09; 97-1108, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon

becoming law.