under a new law that takes effect next year.
House Bill 977 will require individuals who’ve been charged with criminal damage to property to prove that they were given consent from the property owner, shifting the burden away from the victim.
Under the previous law, victims were required to testify in court that they did not give consent to a vandal to damage their property.
“Placing the burden of proof on the property owner in vandalism cases only serves to victimize individuals a
second time by making them take a day off of work, or close their business, in order to appear in court,” state Rep. John Fritchey said in a statement. He sponsored the legislation.
“Common sense says that small business owners and homeowners are not giving vandals consent to damage their property.”
Fritchey worked with Chicago Mayor Richard Daley’s office to file the legislation after learning of numerous incidents, including spray paint and window etching, in which vandals were walking away scotfree after victims were not able to testify in court, either because they were too busy or were intimidated by testifying.
Paula Barrington, executive director of the Wicker Park and Bucktown Chamber of Commerce, supports the law, pointing to many local businesses that have recently been vandalized and the deteriorating effect that graffiti can have on a neighborhood.
The law “will put more muscle into the laws that address this kind of criminal activity,” said Barrington. “This initiative will go a long way toward helping property owners to fight the problem of criminal damage and vandalism to their homes and businesses.”
House Bill 977, which will go into effect June 1, 2008, passed without dissent through both houses and was signed into law last week.
Categories:
Justice & Crime Public Statewide
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illinois legislature john fritchey mayor daley vandalism