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92_SB0175gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
July 18, 2001
To the Honorable Members of
The Illinois Senate
92nd 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.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 175, entitled "AN ACT in relation to
criminal law," with my specific recommendations for change.
Senate Bill 175 amends the Criminal Code of 1961. The
bill makes a misdemeanor battery a felony aggravated battery,
if committed in any building or other structure used to
provide shelter or services to victims of domestic violence
or committed within 500 feet while going to or from such a
building or other structure.
Senate Bill 175 is a well-intentioned bill. I have
always been supportive of laws and programs designed to
protect persons who are subject to physical abuse within
their household or relationship. However, I am concerned
that Senate Bill 175 has not been well thought through.
First, the bill states that it covers "any building or
other structure used to provide shelter or other services to
victims of domestic violence as defined in Section 103 of the
Illinois Domestic Violence Act...." The definition in the
Domestic Violence Act only defines "domestic violence," so it
is unclear if the bill is limited to a formal domestic
violence shelter or applies to any place a victim may have
gone to seek shelter from an abuser, such as a parent's home,
a motel room or other place. In reviewing the debate in the
House Judiciary II committee, the sponsor stated the bill was
meant to cover "domestic violence shelters" and the debate
went on to discuss whether a domestic violence shelter fits
within the current public property aggravated battery
provision. The bill's vague language on this point may cause
problems. There is a definition for domestic violence
shelter in the Domestic Violence Shelters Act. 20 ILCS
1310/1(c).
Second, the phrase, "or to the dependent children of
victims of domestic violence" is awkwardly placed in the bill
in a manner that makes it unclear if this is merely part of
the reference to the Domestic Violence Act definition, or is
a separate aggravated battery provision to cover the
dependent child of a victim. If part of the Section 103
reference, the phrase should read: "any building or other
structure used to provide shelter or other services to
victims or to the dependent children of victims of domestic
violence...." This change would eliminate any confusion.
I am proposing changes on the above-described issues.
The location of a domestic violence shelter is usually
confidential information and generally not publicly
disclosed. The Domestic Violence Act prohibits the court
from compelling disclosure of the location of a domestic
violence shelter in a criminal proceeding, unless the court
finds there is an imminent risk of harm to a domestic
violence victim or other person. However, the allegation
that a battery was committed in or within 500 feet of a
domestic violence shelter now makes the location an element
of the crime, the presence of which makes a misdemeanor into
a felony. The defendant may base part of his or her defense
on the fact that the building at "225 Elm Street in AnyTown,
Illinois" is not a domestic violence shelter or the alleged
act did not occur within 500 feet of a domestic violence
shelter. To refute this, it would appear that the
prosecution would have to prove in open court and state in
publicly accessible documents filed with the court that "225
Elm Street" is a domestic violence shelter. While this
information may already be otherwise known in some
communities and it is unlikely that persons will search
through court filings to learn the location of a domestic
violence shelter; nonetheless, I believe we should be
sensitive to public disclosure of this information and ask
the General Assembly to study that issue.
Finally, there is an aggravated battery provision in
current law that would likely apply to a battery committed
within 500 feet of domestic violence shelter, which does not
require disclosure of the shelter location. A battery
committed on the way to or from a shelter is most likely
committed on a street, sidewalk, parking lot or other public
way. The current aggravated battery law covers any battery
committed on or about a public way or public property. 720
ILCS 5/12-4(b)(8). Public way includes streets, sidewalks
and parking lots (even private parking lots). People v.
Pennington, 172 Ill.App.3d 641, 527 N.E.2d 76 (1988) and
People v. Pugh, 162 Ill.App.3d 1030, 516 N.E.2d 396 (1987).
Therefore, I question the necessity of including the 500 feet
provision in Senate Bill 175; however, I am not proposing any
changes with respect to that.
For these reasons, I return Senate Bill 175 with the
following recommendations for change:
On page 3, line 34, by inserting "or to the dependent
children of victims" after "victims"; and
On page 3, line 34, by replacing "as defined in" with
"pursuant to"; and
On page 4, line 1, by deleting "Section 103 of"; and
On page 4, line 2, by replacing "to the dependent
children of victims of domestic" with "the Domestic Violence
Shelter Act"; and
On page 4, line 3, by deleting "violence"; and
On page 4, line 3, by inserting "of such a building or
other structure"; and
On page 4, line 4, by inserting "Domestic violence" has
the meaning ascribed to it in Section 103 of the Illinois
Domestic Violence Act of 1986. "Building or other structure
used to provide shelter" has the meaning ascribed to
"shelter" in Section 1310 of the Domestic Violence Shelters
Act." after the period.
With these specific recommendations for change, Senate
Bill 175 will have my approval. I respectfully request your
concurrence.
Sincerely,
George H. Ryan
GOVERNOR