State of Illinois
91st General Assembly
Legislation

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[ Governor's Message ][ Senate Amendment 001 ]

91_HB0861ren

HB0861 Re-Enrolled                             LRB9103128RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Sections 12-3.2, 12-11, 19-1, and 19-3.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Sections 12-3.2, 12-11, 19-1, and 19-3 as follows:

 7        (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
 8        Sec. 12-3.2.  Domestic Battery.
 9        (a)  A    person   commits   domestic   battery   if   he
10    intentionally or knowingly without legal justification by any
11    means:
12             (1)  Causes bodily harm to any family  or  household
13        member  as defined in subsection (3) of Section 112A-3 of
14        the Code of Criminal Procedure of 1963, as amended;
15             (2)  Makes  physical  contact  of  an  insulting  or
16        provoking nature with any family or household  member  as
17        defined  in  subsection (3) of Section 112A-3 of the Code
18        of Criminal Procedure of 1963, as amended.
19        (b)  Sentence.    Domestic   battery   is   a   Class   A
20    Misdemeanor. Domestic battery is a  Class  4  felony  if  the
21    defendant  has  any  prior  conviction  under  this  Code for
22    domestic battery (Section 12-3.2) or violation of an order of
23    protection (Section 12-30). Domestic battery  is  a  Class  4
24    felony  if  the defendant has any prior conviction under this
25    Code for aggravated battery (Section 12-4), stalking (Section
26    12-7.3),  aggravated  stalking  (Section  12-7.4),   unlawful
27    restraint  (Section  10-3),  or aggravated unlawful restraint
28    (Section 10-3.1),  when  any  of  these  offenses  have  been
29    committed  against a family or household member as defined in
30    Section 112A-3 of the Code of Criminal Procedure of 1963.  In
31    addition to any other sentencing alternatives, for any second
 
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 1    conviction  of  violating  this  Section  within 5 years of a
 2    previous conviction for violating this Section, the  offender
 3    shall be mandatorily sentenced to a minimum of 48 consecutive
 4    hours of imprisonment.  The imprisonment shall not be subject
 5    to suspension, nor shall the person be eligible for probation
 6    in order to reduce the sentence.
 7        (c)  Domestic  battery  committed  in  the  presence of a
 8    child.  In addition to any other sentencing  alternatives,  a
 9    defendant  who  commits, in the presence of a child, a felony
10    domestic battery (enhanced under subsection (b)),  aggravated
11    domestic   battery   (Section   12-3.3),  aggravated  battery
12    (Section  12-4),  unlawful  restraint  (Section   10-3),   or
13    aggravated  unlawful  restraint  (Section  10-3.1)  against a
14    family or household member, as defined in Section  112A-3  of
15    the  Code of Criminal Procedure of 1963, shall be required to
16    serve a mandatory minimum imprisonment of 10 days or  perform
17    300  hours of community service, or both.  For any conviction
18    for domestic battery, if a person under 18 years of  age  who
19    is the child of the offender or of the victim was present and
20    witnessed  the  domestic battery of the victim, The defendant
21    shall further be is liable for the  cost  of  any  counseling
22    required  for  the  child  at  the discretion of the court in
23    accordance with  subsection  (b)  of  Section  5-5-6  of  the
24    Unified  Code  of  Corrections. For purposes of this Section,
25    "child" means a person under 16  years  of  age  who  is  the
26    defendant's or victim's child or step-child or who is a minor
27    child  residing  within  the  household  of  the defendant or
28    victim.  For purposes of this Section, "in the presence of  a
29    child"  means  in the physical presence of a child or knowing
30    or having reason to know that a child is present and may  see
31    or  hear  an  act  constituting one of the offenses listed in
32    this subsection.
33    (Source: P.A. 90-734,  eff.  1-1-99;  91-112,  eff.  10-1-99;
34    91-262, eff. 1-1-00; revised 10-7-99.)
 
HB0861 Re-Enrolled             -3-             LRB9103128RCks
 1        (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
 2        Sec. 12-11.  Home Invasion.
 3        (a)  A  person  who  is not a peace officer acting in the
 4    line of duty commits home invasion when without authority  he
 5    or she knowingly enters the dwelling place of another when he
 6    or  she  knows or has reason to know that one or more persons
 7    is present or he or she knowingly enters the  dwelling  place
 8    of another and remains in such dwelling place until he or she
 9    knows  or  has  reason  to  know  that one or more persons is
10    present and
11             (1)  While armed with a dangerous weapon, other than
12        a firearm, uses force or threatens the  imminent  use  of
13        force  upon  any  person  or persons within such dwelling
14        place whether or not injury occurs, or
15             (2)  Intentionally  causes  any  injury,  except  as
16        provided in subsection (a)(5), to any person  or  persons
17        within such dwelling place, or
18             (3)  While  armed  with  a  firearm  uses  force  or
19        threatens  the  imminent  use of force upon any person or
20        persons within such dwelling place whether or not  injury
21        occurs, or
22             (4)  Uses  force  or  threatens  the imminent use of
23        force upon any person or  persons  within  such  dwelling
24        place  whether  or  not  injury  occurs  and  during  the
25        commission   of   the  offense  personally  discharges  a
26        firearm, or
27             (5)  Personally   discharges    a    firearm    that
28        proximately   causes   great   bodily   harm,   permanent
29        disability,  permanent disfigurement, or death to another
30        person within such dwelling place, or.
31             (6)  Commits, against any person or  persons  within
32        that dwelling place, a violation of Section 12-13, 12-14,
33        12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
34        (b)  It  is  an  affirmative  defense to a charge of home
 
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 1    invasion that the accused who knowingly enters  the  dwelling
 2    place  of another and remains in such dwelling place until he
 3    or she knows or has reason to know that one or  more  persons
 4    is   present  either  immediately  leaves  such  premises  or
 5    surrenders to the person or persons lawfully present  therein
 6    without  either attempting to cause or causing serious bodily
 7    injury to any person present therein.
 8        (c)  Sentence.  Home invasion in violation of  subsection
 9    (a)(1),  or (a)(2) or (a)(6) is a Class X felony. A violation
10    of subsection (a)(3) is a Class X felony for which  15  years
11    shall  be  added  to  the term of imprisonment imposed by the
12    court. A violation of subsection (a)(4) is a Class  X  felony
13    for which 20 years shall be added to the term of imprisonment
14    imposed  by  the court. A violation of subsection (a)(5) is a
15    Class X felony for which 25 years or up to a term of  natural
16    life  shall  be  added to the term of imprisonment imposed by
17    the court.
18        (d)  For purposes of this  Section,  "dwelling  place  of
19    another"  includes  a  dwelling  place  where  the  defendant
20    maintains a tenancy interest but from which the defendant has
21    been  barred  by a divorce decree, judgment of dissolution of
22    marriage, order of protection, or other court order.
23    (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00.)

24        (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
25        Sec. 19-1.  Burglary.
26        (a)  A person commits burglary when without authority  he
27    knowingly  enters  or  without  authority  remains  within  a
28    building,  housetrailer,  watercraft, aircraft, motor vehicle
29    as defined in The Illinois Vehicle Code, railroad car, or any
30    part thereof, with intent  to  commit  therein  a  felony  or
31    theft. This offense shall not include the offenses set out in
32    Section  4-102  of The Illinois Vehicle Code, nor the offense
33    of residential burglary as defined in Section 19-3 hereof.
 
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 1        (b)  Sentence.
 2        Burglary is a Class 2 felony.  A burglary committed in  a
 3    school or place of worship is a Class 1 felony.
 4    (Source: P.A. 91-360, eff. 7-29-99.)

 5        (720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
 6        Sec. 19-3. Residential burglary.
 7        (a)  A  person commits residential burglary who knowingly
 8    and  without  authority  enters  or  knowingly  and   without
 9    authority  remains  within  the dwelling place of another, or
10    any part thereof, with the intent to commit therein a  felony
11    or  theft.   This offense includes the offense of burglary as
12    defined in Section 19-1.
13        (b)  Sentence.  Residential burglary is a Class 1 felony.
14    (Source: P.A. 84-832.)

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