[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] | [ Senate Amendment 003 ] |
92_HB4081eng HB4081 Engrossed LRB9212174RCsbA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 12-3.2, 12-7.3, and 12-30 as follows: 6 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 7 Sec. 12-3.2. Domestic Battery. 8 (a) A person commits domestic battery if he 9 intentionally or knowingly without legal justification by any 10 means: 11 (1) Causes bodily harm to any family or household 12 member as defined in subsection (3) of Section 112A-3 of 13 the Code of Criminal Procedure of 1963, as amended; 14 (2) Makes physical contact of an insulting or 15 provoking nature with any family or household member as 16 defined in subsection (3) of Section 112A-3 of the Code 17 of Criminal Procedure of 1963, as amended. 18 (b) Sentence. Domestic battery is a Class A 19 Misdemeanor. Domestic battery is a Class 4 felony if the 20 defendant has any prior conviction under this Code for 21 domestic battery (Section 12-3.2) or violation of an order of 22 protection (Section 12-30). Domestic battery is a Class 4 23 felony if the defendant has any prior conviction under this 24 Code for first degree murder (Section 9-1), attempt to commit 25 first degree murder (Section 8-4), aggravated domestic 26 battery (Section 12-3.3), aggravated battery (Section 12-4), 27 heinous battery (Section 12-4.1), aggravated battery with a 28 firearm (Section 12-4.2), aggravated battery of a child 29 (Section 12-4.3), aggravated battery of an unborn child 30 (Section 12-4.4), aggravated battery of a senior citizen 31 (Section 12-4.6), stalking (Section 12-7.3), aggravated HB4081 Engrossed -2- LRB9212174RCsbA 1 stalking (Section 12-7.4), criminal sexual assault (Section 2 12-13), aggravated criminal sexual assault (12-14), 3 kidnapping (Section 10-1), aggravated kidnapping (Section 4 10-2), predatory criminal sexual assault of a child (Section 5 12-14.1), aggravated criminal sexual abuse (Section 12-16), 6 unlawful restraint (Section 10-3),oraggravated unlawful 7 restraint (Section 10-3.1), aggravated arson (Section 8 20-1.1), or aggravated discharge of a firearm (Section 9 24-1.2), when any of these offenses have been committed 10 against a family or household member as defined in Section 11 112A-3 of the Code of Criminal Procedure of 1963. In addition 12 to any other sentencing alternatives, for any second 13 conviction of violating this Section within 5 years of a 14 previous conviction for violating this Section, the offender 15 shall be mandatorily sentenced to a minimum of 48 consecutive 16 hours of imprisonment. The imprisonment shall not be subject 17 to suspension, nor shall the person be eligible for probation 18 in order to reduce the sentence. 19 (c) Domestic battery committed in the presence of a 20 child. In addition to any other sentencing alternatives, a 21 defendant who commits, in the presence of a child, a felony 22 domestic battery (enhanced under subsection (b)), aggravated 23 domestic battery (Section 12-3.3), aggravated battery 24 (Section 12-4), unlawful restraint (Section 10-3), or 25 aggravated unlawful restraint (Section 10-3.1) against a 26 family or household member, as defined in Section 112A-3 of 27 the Code of Criminal Procedure of 1963, shall be required to 28 serve a mandatory minimum imprisonment of 10 days or perform 29 300 hours of community service, or both. The defendant shall 30 further be liable for the cost of any counseling required for 31 the child at the discretion of the court in accordance with 32 subsection (b) of Section 5-5-6 of the Unified Code of 33 Corrections. For purposes of this Section, "child" means a 34 person under 16 years of age who is the defendant's or HB4081 Engrossed -3- LRB9212174RCsbA 1 victim's child or step-child or who is a minor child residing 2 within the household of the defendant or victim. For 3 purposes of this Section, "in the presence of a child" means 4 in the physical presence of a child or knowing or having 5 reason to know that a child is present and may see or hear an 6 act constituting one of the offenses listed in this 7 subsection. 8 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00; 9 91-928, eff. 6-1-01; 92-16, eff. 6-28-01.) 10 (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3) 11 Sec. 12-7.3. Stalking. 12 (a) A person commits stalking when he or she, knowingly 13 and without lawful justification, on at least 2 separate 14 occasions follows another person or places the person under 15 surveillance or any combination thereof and: 16 (1) at any time transmits a threat of immediate or 17 future bodily harm, sexual assault, confinement or 18 restraint and the threat is directed towards that person 19 or a family member of that person; or 20 (2) places that person in reasonable apprehension 21 of immediate or future bodily harm, sexual assault, 22 confinement or restraint; or 23 (3) places that person in reasonable apprehension 24 that a family member will receive immediate or future 25 bodily harm, sexual assault, confinement, or restraint. 26 (a-5) A person commits stalking when he or she has 27 previously been convicted of stalking another person and 28 knowingly and without lawful justification, on one occasion: 29 (1) follows that same person or places that same 30 person under surveillance or both; and 31 (2) commits an act described in any of paragraphs 32 (1), (2), or (3) of subsection (a). 33 (b) Sentence. Stalking is a Class 4 felony. A second or HB4081 Engrossed -4- LRB9212174RCsbA 1 subsequent conviction for stalking is a Class 3 felony. 2 (b-5) The incarceration of a person in a penal 3 institution who transmits a threat is not a bar to 4 prosecution under this Section. 5 (c) Exemption. This Section does not apply to picketing 6 occurring at the workplace that is otherwise lawful and 7 arises out of a bona fide labor dispute, or any exercise of 8 the right of free speech or assembly that is otherwise 9 lawful. 10 (d) For the purpose of this Section, a defendant "places 11 a person under surveillance" by remaining present outside the 12 person's school, place of employment, vehicle, other place 13 occupied by the person, or residence other than the residence 14 of the defendant. 15 (e) For the purpose of this Section, "follows another 16 person" means (i) to move in relative proximity to a person 17 as that person moves from place to place or (ii) to remain in 18 relative proximity to a person who is stationary or whose 19 movements are confined to a small area. "Follows another 20 person" does not include a following within the residence of 21 the defendant. 22 (f) For the purposes of this Section and Section 12-7.4, 23 "bona fide labor dispute" means any controversy concerning 24 wages, salaries, hours, working conditions, or benefits, 25 including health and welfare, sick leave, insurance, and 26 pension or retirement provisions, the making or maintaining 27 of collective bargaining agreements, and the terms to be 28 included in those agreements. 29 (g) For the purposes of this Section, "transmits a 30 threat" means a verbal or written threat or a threat implied 31 by a pattern of conduct or a combination of verbal or written 32 statements or conduct. 33 (h) For the purposes of this Section, "family member" 34 means a parent, grandparent, brother, sister, or child, HB4081 Engrossed -5- LRB9212174RCsbA 1 whether by whole blood, half-blood, or adoption and includes 2 a step-grandparent, step-parent, step-brother, step-sister or 3 step-child. "Family member" also means any other person who 4 regularly resides in the household, or who, within the prior 5 6 months, regularly resided in the household. 6 (Source: P.A. 91-640, eff. 8-20-99.) 7 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 8 Sec. 12-30. Violation of an order of protection. 9 (a) A person commits violation of an order of protection 10 if: 11 (1) He or she commits an act which was prohibited 12 by a court or fails to commit an act which was ordered by 13 a court in violation of: 14 (i) a remedy in a valid order of protection 15 authorized under paragraphs (1), (2), (3), (14), or 16 (14.5) of subsection (b) of Section 214 of the 17 Illinois Domestic Violence Act of 1986, 18 (ii) a remedy, which is substantially similar 19 to the remedies authorized under paragraphs (1), 20 (2), (3), (14) or (14.5) of subsection (b) of 21 Section 214 of the Illinois Domestic Violence Act of 22 1986, in a valid order of protection, which is 23 authorized under the laws of another state, tribe or 24 United States territory, 25 (iii) any other remedy when the act 26 constitutes a crime against the protected parties as 27 the term protected parties is defined in Section 28 112A-4 of the Code of Criminal Procedure of 1963; 29 and 30 (2) Such violation occurs after the offender has 31 been served notice of the contents of the order, pursuant 32 to the Illinois Domestic Violence Act of 1986 or any 33 substantially similar statute of another state, tribe or HB4081 Engrossed -6- LRB9212174RCsbA 1 United States territory, or otherwise has acquired actual 2 knowledge of the contents of the order. 3 An order of protection issued by a state, tribal or 4 territorial court related to domestic or family violence 5 shall be deemed valid if the issuing court had jurisdiction 6 over the parties and matter under the law of the state, tribe 7 or territory. There shall be a presumption of validity where 8 an order is certified and appears authentic on its face. 9 (a-5) Failure to provide reasonable notice and 10 opportunity to be heard shall be an affirmative defense to 11 any charge or process filed seeking enforcement of a foreign 12 order of protection. 13 (b) For purposes of this Section, an "order of 14 protection" may have been issued in a criminal or civil 15 proceeding. 16 (c) Nothing in this Section shall be construed to 17 diminish the inherent authority of the courts to enforce 18 their lawful orders through civil or criminal contempt 19 proceedings. 20 (d) Violation of an order of protection under subsection 21 (a) of this Section is a Class A misdemeanor. Violation of an 22 order of protection under subsection (a) of this Section is a 23 Class 4 felony if the defendant has any prior conviction 24 under this Code for domestic battery (Section 12-3.2) or 25 violation of an order of protection (Section 12-30). 26 Violation of an order of protection is a Class 4 felony if 27 the defendant has any prior conviction under this Code for 28 first degree murder (Section 9-1), attempt to commit first 29 degree murder (Section 8-4), aggravated domestic battery 30 (Section 12-3.3), aggravated battery (Section 12-4), heinous 31 battery (Section 12-4.1), aggravated battery with a firearm 32 (Section 12-4.2), aggravated battery of a child (Section 33 12-4.3), aggravated battery of an unborn child (Section 34 12-4.4), aggravated battery of a senior citizen (Section HB4081 Engrossed -7- LRB9212174RCsbA 1 12-4.6), stalking (Section 12-7.3), aggravated stalking 2 (Section 12-7.4), criminal sexual assault (Section 12-13), 3 aggravated criminal sexual assault (12-14), kidnapping 4 (Section 10-1), aggravated kidnapping (Section 10-2), 5 predatory criminal sexual assault of a child (Section 6 12-14.1), aggravated criminal sexual abuse (Section 12-16), 7 unlawful restraint (Section 10-3),oraggravated unlawful 8 restraint (Section 10-3.1), aggravated arson (Section 9 20-1.1), or aggravated discharge of a firearm (Section 10 24-1.2), when any of these offenses have been committed 11 against a family or household member as defined in Section 12 112A-3 of the Code of Criminal Procedure of 1963. The court 13 shall impose a minimum penalty of 24 hours imprisonment for 14 defendant's second or subsequent violation of any order of 15 protection; unless the court explicitly finds that an 16 increased penalty or such period of imprisonment would be 17 manifestly unjust. In addition to any other penalties, the 18 court may order the defendant to pay a fine as authorized 19 under Section 5-9-1 of the Unified Code of Corrections or to 20 make restitution to the victim under Section 5-5-6 of the 21 Unified Code of Corrections. In addition to any other 22 penalties, including those imposed by Section 5-9-1.5 of the 23 Unified Code of Corrections, the court shall impose an 24 additional fine of $20 as authorized by Section 5-9-1.11 of 25 the Unified Code of Corrections upon any person convicted of 26 or placed on supervision for a violation of this Section. 27 The additional fine shall be imposed for each violation of 28 this Section. 29 (e) The limitations placed on law enforcement liability 30 by Section 305 of the Illinois Domestic Violence Act of 1986 31 apply to actions taken under this Section. 32 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98; 33 90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 91-357, eff. 34 7-29-99.) HB4081 Engrossed -8- LRB9212174RCsbA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.