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91_HB0861enr HB0861 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 HB0861 Enrolled -2- LRB9103128RCks 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 conviction18for domestic battery, if a person under 18 years of age who19is the child of the offender or of the victim was present and20witnessed the domestic battery of the victim,The defendant 21 shall further beisliable 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 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 HB0861 Enrolled -4- LRB9103128RCks 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 offense33of residential burglary as defined in Section 19-3 hereof. HB0861 Enrolled -5- LRB9103128RCks 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.)