House Sponsors: OSTERMAN-O'BRIEN-HAMOS-LYONS,EILEEN-MENDOZA, MCKEON AND GARRETT. Senate Sponsors: PARKER-MOLARO-MADIGAN,L-OBAMA Short description: CRIM CD-DOMESTIC BATTERY Synopsis of Bill as introduced: Amends the Criminal Code of 1961. Provides that domestic battery or a violation of an order of protection is a Class 4 felony if the defendant had a prior conviction for first degree murder, attempt to commit first degree murder, aggravated domestic battery, heinous battery, aggravated battery with a firearm, aggravated battery of a child, aggravated battery of an unborn child, aggravated battery of a senior citizen, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, kidnapping, aggravated kidnapping, aggravated arson, or aggravated discharge of a firearm. Provides that a person commits stalking if he or she has previously been convicted of stalking another person and knowingly and without lawful justification, on one occasion: (1) follows that same person or places that same person under surveillance or both; and (2) commits certain threatening acts against that person or that person's family. Effective immediately. JUDICIAL NOTE (Illinois Courts Administrative Office) HB 4081 would neither increase nor decrease the number of judges needed in the State. FISCAL NOTE (Department of Corrections) HB 4081 would cause an increase of 11 inmates in the corrections population and would have a fiscal impact of $2,782,800. CORRECTIONAL NOTE (Department of Corrections) Same as DOC fiscal note. SENATE AMENDMENT NO. 1. Changes the elements of the offense of stalking for persons with previous convictions of stalking. SENATE AMENDMENT NO. 2. Adds reference to: 720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1 720 ILCS 5/33D-1 from Ch. 38, par. 33D-1 720 ILCS 150/5.1 from Ch. 23, par. 2355.1 Further amends the Criminal Code of 1961. Changes references in the child pornography statute from "sexual intercourse" or "sexual contact" to "sexual penetration" or "sexual conduct". Changes the age at which a person may be convicted of contributing to the criminal delinquency of a juvenile from 21 years and upwards to 17 years and upwards. Amends the Wrongs to Children Act. Provides that the offense of permitting sexual abuse of a child does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities. Changes the penalties for the offense. Changes the penalty to a Class 4 felony for a first offense and Class 2 felony for a second or subsequent offense. Provides that the offense is a Class 1 felony when the sexual abuse involved sexual penetration causing bodily harm to the child. Provides that a person may not be charged with a violation until the person is charged with certain sexual offenses. Effective immediately. SENATE AMENDMENT NO. 3. Provides that the penalty for permitting the sexual abuse of a child is a Class 1 felony (rather than a Class 4 felony for the first offense and a Class 2 felony for a second or subsequent offense, except a Class 1 felony when the sexual abuse involved sexual penetration causing bodily harm to the child). Deletes the provision changing from 21 to 17 years the age of a person who may commit the offense of contributing to the criminal delinquency of a juvenile. Last action on Bill: PUBLIC ACT.............................. 92-0827 Last action date: AUG-22-2002 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 3 END OF INQUIRY Full Text Bill Status