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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
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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), or aggravated 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
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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
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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,
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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
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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
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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), or aggravated 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.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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