91st General Assembly
Summary of HB0861
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House Sponsors:
WINKEL-O'CONNOR-POE-MATHIAS.

Senate Sponsors:
PHILIP

Short description: 
CRIMCD-RETAIL THEFT-DEFNS-TECH                                             

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Makes a grammatical change  in      
   the Section relating to an affirmative defense to a charge of unlawful      
   restraint against a merchant who detains a retail theft suspect.            
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 5/16A-6                                                     
          Adds reference to:                                                   
          720 ILCS 5/12-3.2               from Ch. 38, par. 12-3.2             
          720 ILCS 5/12-11                from Ch. 38, par. 12-11              
          720 ILCS 5/19-1                 from Ch. 38, par. 19-1               
          720 ILCS 5/19-3                 from Ch. 38, par. 19-3               
        Deletes everything. Amends the Criminal Code of 1961. Provides         
   that certain offenses of domestic violence committed in the presence        
   of a minor will be subject to a minimum sentence of imprisonment for        
   10 days or 300 hours community service, or both. Includes various           
   offenses of criminal sexual assault as a  basis  for  charging  a  now      
   lesser-included   felony   offense  of  home  invasion.  Broadens  the      
   definition of the felony offense of residential  burglary  to  include      
   situations   where  the  offender  entered  with  authority  but  then      
   unlawfully remained in order to commit  a  felony  or  theft,  and  to      
   include situations where the offender entered not only a dwelling, but      
   also  "any  part  thereof".   Revises  the  law  so  that burglary and      
   residential burglary are no longer mutually exclusive, making burglary      
   a lesser-included offense of residential burglary.                          
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends making home invasion a Class X felony if criminal           
   sexual assault, aggravated criminal sexual assault, predatory criminal      
   sexual assault of a child, criminal sexual abuse, or aggravated crim-       
   inal sexual abuse is committed against a person within the dwelling         
   place.                                                                      
 
Last action on Bill: PUBLIC ACT.............................. 91-0928

   Last action date: 00-12-15

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 



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