92nd General Assembly
Summary of HB4081
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House Sponsors:

Senate Sponsors:

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             
          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      
        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


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