State of Illinois
91st General Assembly
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Public Act 91-0928

HB0861 Re-Enrolled                             LRB9103128RCks

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

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

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

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

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

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

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