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91_HB0861gms
OFFICE OF THE GOVERNOR
207 STATE CAPITOL, SPRINGFIELD, ILLINOIS 62706
July 6, 2000
GEORGE H. RYAN
GOVERNOR
To the Honorable Members of the
Illinois House of Representatives
91st General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980) and County of Kane v. Carlson, 116 Ill. 2d186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 861 entitled "AN ACT to amend the Criminal
Code of 1961 by changing Sections 12-3.2, 12-11, 19-1. and
19-3," with my specific recommendation for change.
House Bill 861 increases penalties for those who commit
felony acts of domestic violence in the presence of a child,
and will broaden the definition of the crime of "residential
burglary." However, the legislature inadvertently omitted
specifying the penalty provision in the portion of the bill
that added sexual assault/abuse offenses to the crime of
"home invasion." The Illinois Criminal Code of 1961 (720ILCS
5/12-1(c)) already specifies that penalties for the "home
invasion," as a violation of subsections (a)(1) through
(a)(5) of this Section. However, this bill added an
additional subsection (a)(6), but neglected to include the
new subsection in the section of law which specifies the
penalty for this crime, which is intended to be a Class X
felony.
For this reason, I hereby return House Bill 861 with the
following recommendation for change:
On page 4, line 9, insert the following:
"(a)(1). or (a)(2) or (a)(6) is a Class X felony. A violation
of"
With this change, House Bill 861 will have my approval.
I respectfully request your concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor