Who sponsors HB 3449?

HB 3449 is sponsored by Aaron Schock and Paul Jacobs (Republican).

Where can I track HB 3449?

Track HB 3449 free on One Click Politics — get push/email alerts when it moves.

Illinois 94th Regular Session Status: Enacted 1 R cosponsors

HB 3449 — DOM BATTERY-CHILD PRESENCE

Last action July 08, 2005 — Public Act . . . . . . . . . 94-0148

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✓
Introduced
✓
In Committee
✓
Passed House
✓
Passed Senate
✓
To Executive
6
Enacted

This bill has been enacted into law. Introduced February 23, 2005. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
2 sponsors

0 primary, 2 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (1 R).
Cleared a recorded vote

Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that a person convicted of domestic battery in which the domestic battery is committed in the presence of a child must pay the counseling costs of any child under 18 (rather than 16) years of age in whose presence the domestic battery was committed (rather than a child 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).

Bill Text

What changed in the latest version

9 added · 9 removed

Plain-language change summary

In the latest revision of Bill HB 3449, the term "Engrossed" has been replaced with "Enrolled." This change signals that the bill has moved closer to final approval, indicating that it has completed all necessary amendments and is ready for formal enactment. This is an important step in the legislative process, as it shows progress toward making the bill law.

HB3449 ~~Engrossed~~Enrolled LRB094 09070 RLC 39294 b AN ACT concerning criminal law.

Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section HB3449 ~~Engrossed~~Enrolled - 2 - LRB094 09070 RLC 39294 b 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, 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.

For purposes of this HB3449 ~~Engrossed~~Enrolled - 3 - LRB094 09070 RLC 39294 b 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.

HB3449 ~~Engrossed~~Enrolled - 4 - LRB094 09070 RLC 39294 b (b) In fixing the amount of restitution to be paid in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant;

The defendant convicted of 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, is liable to pay restitution for the cost of any counseling required for the HB3449 ~~Engrossed~~Enrolled - 5 - LRB094 09070 RLC 39294 b child at the discretion of the court.

(d) In instances where a defendant has more than one criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State’s Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be HB3449 ~~Engrossed~~Enrolled - 6 - LRB094 09070 RLC 39294 b dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.

(1) the defendant was convicted of an offense under Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or was charged with such an offense and the charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section, and (2) the victim was under 18 years of age at the HB3449 ~~Engrossed~~Enrolled - 7 - LRB094 09070 RLC 39294 b time the offense was committed and requires counseling as a result of the offense.

The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during HB3449 ~~Engrossed~~Enrolled - 8 - LRB094 09070 RLC 39294 b the additional period.

(1) Damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damages that is HB3449 ~~Engrossed~~Enrolled - 9 - LRB094 09070 RLC 39294 b the basis of restitution ordered by the court;

Latest

HB3449 ~~Engrossed~~ LRB094 09070 RLC 39294 b AN ACT concerning criminal law.

HB3449 Enrolled LRB094 09070 RLC 39294 b AN ACT concerning criminal law.

Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section HB3449 ~~Engrossed~~ - 2 - LRB094 09070 RLC 39294 b 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, 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.

Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section HB3449 Enrolled - 2 - LRB094 09070 RLC 39294 b 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, 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.

For purposes of this HB3449 ~~Engrossed~~ - 3 - LRB094 09070 RLC 39294 b 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.

For purposes of this HB3449 Enrolled - 3 - LRB094 09070 RLC 39294 b 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.

HB3449 ~~Engrossed~~ - 4 - LRB094 09070 RLC 39294 b (b) In fixing the amount of restitution to be paid in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant;

HB3449 Enrolled - 4 - LRB094 09070 RLC 39294 b (b) In fixing the amount of restitution to be paid in cash, the court shall allow credit for property returned in kind, for property damages ordered to be repaired by the defendant, and for property ordered to be restored by the defendant;

The defendant convicted of 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, is liable to pay restitution for the cost of any counseling required for the HB3449 ~~Engrossed~~ - 5 - LRB094 09070 RLC 39294 b child at the discretion of the court.

The defendant convicted of 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, is liable to pay restitution for the cost of any counseling required for the HB3449 Enrolled - 5 - LRB094 09070 RLC 39294 b child at the discretion of the court.

(d) In instances where a defendant has more than one criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State’s Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be HB3449 ~~Engrossed~~ - 6 - LRB094 09070 RLC 39294 b dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.

(d) In instances where a defendant has more than one criminal charge pending against him in a single case, or more than one case, and the defendant stands convicted of one or more charges, a plea agreement negotiated by the State’s Attorney and the defendants may require the defendant to make restitution to victims of charges that have been dismissed or which it is contemplated will be HB3449 Enrolled - 6 - LRB094 09070 RLC 39294 b dismissed under the terms of the plea agreement, and under the agreement, the court may impose a sentence of restitution on the charge or charges of which the defendant has been convicted that would require the defendant to make restitution to victims of other offenses as provided in the plea agreement.

(1) the defendant was convicted of an offense under Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or was charged with such an offense and the charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section, and (2) the victim was under 18 years of age at the HB3449 ~~Engrossed~~ - 7 - LRB094 09070 RLC 39294 b time the offense was committed and requires counseling as a result of the offense.

(1) the defendant was convicted of an offense under Sections 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, or was charged with such an offense and the charge was reduced to another charge as a result of a plea agreement under subsection (d) of this Section, and (2) the victim was under 18 years of age at the HB3449 Enrolled - 7 - LRB094 09070 RLC 39294 b time the offense was committed and requires counseling as a result of the offense.

The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during HB3449 ~~Engrossed~~ - 8 - LRB094 09070 RLC 39294 b the additional period.

The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the conditions, and to revoke or further modify the sentence if the conditions of payment are violated during HB3449 Enrolled - 8 - LRB094 09070 RLC 39294 b the additional period.

(1) Damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damages that is HB3449 ~~Engrossed~~ - 9 - LRB094 09070 RLC 39294 b the basis of restitution ordered by the court;

(1) Damages that the court did not require the person to pay to the victim under the restitution order but arise from an injury or property damages that is HB3449 Enrolled - 9 - LRB094 09070 RLC 39294 b the basis of restitution ordered by the court;

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Introduced View text html

Action History

July 08, 2005
Public Act . . . . . . . . . 94-0148
July 08, 2005
Effective Date January 1, 2006
July 08, 2005
Governor Approved
June 14, 2005
Sent to the Governor
May 16, 2005
Passed Both Houses
May 16, 2005
Third Reading - Passed; 053-000-000
May 16, 2005
Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
May 16, 2005
Added as Alternate Co-Sponsor Sen. Mike Jacobs
May 10, 2005
Placed on Calendar Order of 3rd Reading May 11, 2005
May 10, 2005
Second Reading
May 05, 2005
Placed on Calendar Order of 2nd Reading May 10, 2005
May 05, 2005
Do Pass Judiciary; 007-000-000
April 21, 2005
Assigned to Judiciary
April 21, 2005
Referred to Rules
April 21, 2005
First Reading
April 20, 2005
Chief Senate Sponsor Sen. William R. Haine
April 13, 2005
Added Co-Sponsor Rep. Patricia R. Bellock
April 12, 2005
Placed on Calendar Order of First Reading April 13, 2005
April 12, 2005
Arrive in Senate
April 12, 2005
Third Reading - Short Debate - Passed 117-000-000
April 11, 2005
Placed on Calendar Order of 3rd Reading - Short Debate
April 11, 2005
House Floor Amendment No. 1 Adopted by Voice Vote
April 11, 2005
House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
April 08, 2005
Held on Calendar Order of Second Reading - Short Debate
April 08, 2005
Second Reading - Short Debate
April 07, 2005
House Floor Amendment No. 1 Referred to Rules Committee
April 07, 2005
House Floor Amendment No. 1 Filed with Clerk by Rep. Aaron Schock
March 11, 2005
Placed on Calendar 2nd Reading - Short Debate
March 10, 2005
Do Pass / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
March 01, 2005
Assigned to Judiciary II - Criminal Law Committee
February 23, 2005
Referred to Rules Committee
February 23, 2005
First Reading
February 23, 2005
Filed with the Clerk by Rep. Aaron Schock

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Aaron Schock
Paul Jacobs Republican

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

May 16, 2005

Passed 53 Yea · 0 Nay · 6 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	49	0	0	4
Democrat	4	0	0	1
Republican	0	0	0	1
Total	53	0	0	6
% of votes cast	90%	0%	0%	10%

How each member voted (59)

Member	Party	Vote
Sandoval	—	Yea
Sieben	—	Yea
Silverstein	—	Yea
Althoff	—	Yea
Martinez	—	Yea
Bomke	—	Yea
Burzynski	—	Yea
Garrett	—	Not Voting
Lauzen	—	Yea
Link	—	Yea
Luechtefeld	—	Yea
Maloney	—	Yea
Meeks	—	Yea
Pankau	—	Yea
Munoz	—	Yea
Peterson	—	Yea
Brady	—	Yea
Radogno	—	Yea
Schoenberg	—	Yea
Sullivan, D.	—	Yea
Sullivan, J.	—	Yea
Petka	—	Yea
Shadid	—	Yea
Jacobs	—	Yea
Jones, J.	—	Yea
Cullerton	—	Yea
Watson	—	Yea
Jones, W.	—	Yea
Trotter	—	Not Voting
Viverito	—	Yea
Demuzio	—	Yea
Wilhelmi	—	Yea
Winkel	—	Yea
Wojcik	—	Yea
Clayborne	—	Yea
Cronin	—	Yea
Crotty	—	Not Voting
Dahl	—	Yea
DeLeo	—	Yea
Dillard	—	Yea
Forby	—	Yea
Geo-Karis	—	Yea
Haine	—	Yea
Halvorson	—	Yea
Hendon	—	Yea
Raoul	—	Yea
Rauschenberger	—	Not Voting
Righter	—	Yea
Risinger	—	Yea
Ronen	—	Yea
Roskam	—	Yea
Rutherford	—	Yea
del Valle	—	Yea
Don Harmon	Democrat	Yea
Emil Jones, III	Democrat	Yea
Kimberly A. Lightford	Democrat	Yea
Lakesia Collins	Democrat	Not Voting
Mattie Hunter	Democrat	Yea
Dave Syverson	Republican	Not Voting

Official roll call →

Third Reading

April 12, 2005

Passed 117 Yea · 0 Nay · 1 Other

Party	Yea	Nay	Present	Not Voting
Unaffiliated	105	0	0	1
Democrat	9	0	0	0
Republican	3	0	0	0
Total	117	0	0	1
% of votes cast	99%	0%	0%	1%

How each member voted (118)

Member	Party	Vote
Sacia	—	Yea
Saviano	—	Yea
Schmitz	—	Yea
Schock	—	Yea
Younge	—	Yea
Acevedo	—	Yea
Bassi	—	Yea
Mathias	—	Yea
Beaubien	—	Yea
Beiser	—	Yea
Bellock	—	Yea
Berrios	—	Yea
Biggins	—	Yea
Mautino	—	Yea
Black	—	Yea
Boland	—	Yea
May	—	Yea
Bost	—	Yea
Brauer	—	Yea
Brosnahan	—	Yea
Colvin	—	Yea
Churchill	—	Yea
Coulson	—	Yea
Molaro	—	Yea
Myers	—	Yea
Hultgren	—	Yea
Jefferson	—	Yea
Jenisch	—	Yea
Lang	—	Yea
Leitch	—	Yea
Lindner	—	Yea
McAuliffe	—	Yea
McCarthy	—	Yea
Bailey	—	Yea
Mendoza	—	Yea
Meyer	—	Yea
Lyons, Eileen	—	Yea
Millner	—	Yea
Reitz	—	Yea
Lyons, Joseph	—	Yea
Scully	—	Yea
Sommer	—	Yea
Soto	—	Yea
McGuire	—	Yea
Bradley, John	—	Yea
Bradley, Richard	—	Yea
Brady	—	Yea
Dugan	—	Yea
Dunkin	—	Yea
Dunn	—	Yea
Eddy	—	Yea
Flider	—	Yea
Flowers	—	Yea
Franks	—	Yea
Fritchey	—	Yea
Froehlich	—	Yea
Giles	—	Yea
Gordon	—	Yea
Graham	—	Yea
Granberg	—	Yea
Hamos	—	Yea
Krause	—	Yea
Mitchell, Bill	—	Yea
Hannig	—	Yea
Burke	—	Yea
Sullivan	—	Yea
Mitchell, Jerry	—	Yea
Madigan	—	Yea
McKeon	—	Not Voting
Moffitt	—	Yea
Mulligan	—	Yea
Munson	—	Yea
Howard	—	Yea
Nekritz	—	Yea
Osmond	—	Yea
Parke	—	Yea
Watson	—	Yea
Phelps	—	Yea
Jones	—	Yea
Tenhouse	—	Yea
Davis, Monique	—	Yea
Tryon	—	Yea
Turner	—	Yea
Verschoore	—	Yea
Wait	—	Yea
Washington	—	Yea
Winters	—	Yea
Chavez	—	Yea
Cross	—	Yea
Cultra	—	Yea
Currie	—	Yea
D'Amico	—	Yea
Daniels	—	Yea
Hassert	—	Yea
Holbrook	—	Yea
Jakobsson	—	Yea
Kosel	—	Yea
Yarbrough	—	Yea
Osterman	—	Yea
Patterson	—	Yea
Pihos	—	Yea
Poe	—	Yea
Pritchard	—	Yea
Reis	—	Yea
Ryg	—	Yea
Chapa LaVia	—	Yea
Eva-Dina Delgado	Democrat	Yea
Jay Hoffman	Democrat	Yea
Lakesia Collins	Democrat	Yea
Michael J. Kelly	Democrat	Yea
Nicholas K. Smith	Democrat	Yea
Patrick J. Joyce	Democrat	Yea
Robert "Bob" Rita	Democrat	Yea
Sara Feigenholtz	Democrat	Yea
William "Will" Davis	Democrat	Yea
Brad Stephens	Republican	Yea
Chapin Rose	Republican	Yea
Chris Miller	Republican	Yea

Official roll call →

Subjects

public-safety civil-rights

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Frequently asked questions

What does HB 3449 do?: Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that a person convicted of domestic battery in which the domestic battery is committed in the presence of a child must pay the counseling costs of any child under 18 (rather than 16) years of age in whose presence the domestic battery was committed (rather than a child 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).
Who sponsors HB 3449?: HB 3449 is sponsored by Aaron Schock and Paul Jacobs (Republican).
What is the current status of HB 3449?: This bill has been enacted into law. Introduced February 23, 2005. Enacted.
Where can I track HB 3449?: Track HB 3449 free on One Click Politics — get push/email alerts when it moves.

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At a glance

Identifier: HB 3449
Jurisdiction: Illinois
Session: 94th Regular Session
Type: Bill
Introduced: February 23, 2005
Status: Enacted
Prime sponsor: Aaron Schock

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DOM BATTERY-CHILD PRESENCE

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HB 3449 — DOM BATTERY-CHILD PRESENCE

Prognosis

Odds of enactment

Summary

Bill Text

What changed in the latest version

Action History

Sponsors

Sponsorship breakdown

Sponsors (0)

Co-sponsors (2)

Not signed on (181)

Votes

Third Reading

Third Reading

Subjects

Frequently asked questions

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