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91_HB4537
LRB9113090TAks
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.)
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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) is a Class X felony. A violation of
10 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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