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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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