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91_HB0861sam001
LRB9103128RCpkam01
1 AMENDMENT TO HOUSE BILL 861
2 AMENDMENT NO. . Amend House Bill 861 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 12-3.2, 12-11, 19-1, and 19-3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 12-3.2, 12-11, 19-1, and 19-3 as follows:
10 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
11 Sec. 12-3.2. Domestic Battery.
12 (a) A person commits domestic battery if he
13 intentionally or knowingly without legal justification by any
14 means:
15 (1) Causes bodily harm to any family or household
16 member as defined in subsection (3) of Section 112A-3 of
17 the Code of Criminal Procedure of 1963, as amended;
18 (2) Makes physical contact of an insulting or
19 provoking nature with any family or household member as
20 defined in subsection (3) of Section 112A-3 of the Code
21 of Criminal Procedure of 1963, as amended.
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1 (b) Sentence. Domestic battery is a Class A
2 Misdemeanor. Domestic battery is a Class 4 felony if the
3 defendant has any prior conviction under this Code for
4 domestic battery (Section 12-3.2) or violation of an order of
5 protection (Section 12-30). Domestic battery is a Class 4
6 felony if the defendant has any prior conviction under this
7 Code for aggravated battery (Section 12-4), stalking (Section
8 12-7.3), aggravated stalking (Section 12-7.4), unlawful
9 restraint (Section 10-3), or aggravated unlawful restraint
10 (Section 10-3.1), when any of these offenses have been
11 committed against a family or household member as defined in
12 Section 112A-3 of the Code of Criminal Procedure of 1963. In
13 addition to any other sentencing alternatives, for any second
14 conviction of violating this Section within 5 years of a
15 previous conviction for violating this Section, the offender
16 shall be mandatorily sentenced to a minimum of 48 consecutive
17 hours of imprisonment. The imprisonment shall not be subject
18 to suspension, nor shall the person be eligible for probation
19 in order to reduce the sentence.
20 (c) Domestic battery committed in the presence of a
21 child. In addition to any other sentencing alternatives, a
22 defendant who commits, in the presence of a child, a felony
23 domestic battery (enhanced under subsection (b)), aggravated
24 domestic battery (Section 12-3.3), aggravated battery
25 (Section 12-4), unlawful restraint (Section 10-3), or
26 aggravated unlawful restraint (Section 10-3.1) against a
27 family or household member, as defined in Section 112A-3 of
28 the Code of Criminal Procedure of 1963, shall be required to
29 serve a mandatory minimum imprisonment of 10 days or perform
30 300 hours of community service, or both. For any conviction
31 for domestic battery, if a person under 18 years of age who
32 is the child of the offender or of the victim was present and
33 witnessed the domestic battery of the victim, The defendant
34 shall further be is liable for the cost of any counseling
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1 required for the child at the discretion of the court in
2 accordance with subsection (b) of Section 5-5-6 of the
3 Unified Code of Corrections. For purposes of this Section,
4 "child" means a person under 16 years of age who is the
5 defendant's or victim's child or step-child or who is a minor
6 child residing within the household of the defendant or
7 victim. For purposes of this Section, "in the presence of a
8 child" means in the physical presence of a child or knowing
9 or having reason to know that a child is present and may see
10 or hear an act constituting one of the offenses listed in
11 this subsection.
12 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
13 91-262, eff. 1-1-00; revised 10-7-99.)
14 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
15 Sec. 12-11. Home Invasion.
16 (a) A person who is not a peace officer acting in the
17 line of duty commits home invasion when without authority he
18 or she knowingly enters the dwelling place of another when he
19 or she knows or has reason to know that one or more persons
20 is present or he or she knowingly enters the dwelling place
21 of another and remains in such dwelling place until he or she
22 knows or has reason to know that one or more persons is
23 present and
24 (1) While armed with a dangerous weapon, other than
25 a firearm, uses force or threatens the imminent use of
26 force upon any person or persons within such dwelling
27 place whether or not injury occurs, or
28 (2) Intentionally causes any injury, except as
29 provided in subsection (a)(5), to any person or persons
30 within such dwelling place, or
31 (3) While armed with a firearm uses force or
32 threatens the imminent use of force upon any person or
33 persons within such dwelling place whether or not injury
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1 occurs, or
2 (4) Uses force or threatens the imminent use of
3 force upon any person or persons within such dwelling
4 place whether or not injury occurs and during the
5 commission of the offense personally discharges a
6 firearm, or
7 (5) Personally discharges a firearm that
8 proximately causes great bodily harm, permanent
9 disability, permanent disfigurement, or death to another
10 person within such dwelling place, or.
11 (6) Commits, against any person or persons within
12 that dwelling place, a violation of Section 12-13, 12-14,
13 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
14 (b) It is an affirmative defense to a charge of home
15 invasion that the accused who knowingly enters the dwelling
16 place of another and remains in such dwelling place until he
17 or she knows or has reason to know that one or more persons
18 is present either immediately leaves such premises or
19 surrenders to the person or persons lawfully present therein
20 without either attempting to cause or causing serious bodily
21 injury to any person present therein.
22 (c) Sentence. Home invasion in violation of subsection
23 (a)(1) or (a)(2) is a Class X felony. A violation of
24 subsection (a)(3) is a Class X felony for which 15 years
25 shall be added to the term of imprisonment imposed by the
26 court. A violation of subsection (a)(4) is a Class X felony
27 for which 20 years shall be added to the term of imprisonment
28 imposed by the court. A violation of subsection (a)(5) is a
29 Class X felony for which 25 years or up to a term of natural
30 life shall be added to the term of imprisonment imposed by
31 the court.
32 (d) For purposes of this Section, "dwelling place of
33 another" includes a dwelling place where the defendant
34 maintains a tenancy interest but from which the defendant has
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1 been barred by a divorce decree, judgment of dissolution of
2 marriage, order of protection, or other court order.
3 (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00.)
4 (720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
5 Sec. 19-1. Burglary.
6 (a) A person commits burglary when without authority he
7 knowingly enters or without authority remains within a
8 building, housetrailer, watercraft, aircraft, motor vehicle
9 as defined in The Illinois Vehicle Code, railroad car, or any
10 part thereof, with intent to commit therein a felony or
11 theft. This offense shall not include the offenses set out in
12 Section 4-102 of The Illinois Vehicle Code, nor the offense
13 of residential burglary as defined in Section 19-3 hereof.
14 (b) Sentence.
15 Burglary is a Class 2 felony. A burglary committed in a
16 school or place of worship is a Class 1 felony.
17 (Source: P.A. 91-360, eff. 7-29-99.)
18 (720 ILCS 5/19-3) (from Ch. 38, par. 19-3)
19 Sec. 19-3. Residential burglary.
20 (a) A person commits residential burglary who knowingly
21 and without authority enters or knowingly and without
22 authority remains within the dwelling place of another, or
23 any part thereof, with the intent to commit therein a felony
24 or theft. This offense includes the offense of burglary as
25 defined in Section 19-1.
26 (b) Sentence. Residential burglary is a Class 1 felony.
27 (Source: P.A. 84-832.)".