093_HB2525enr HB2525 Enrolled LRB093 10319 RLC 10573 b 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 Section 12-3.2 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), or any prior conviction under the 23 law of another jurisdiction for an offense which is 24 substantially similar. Domestic battery is a Class 4 felony 25 if the defendant has any prior conviction under this Code for 26 first degree murder (Section 9-1), attempt to commit first 27 degree murder (Section 8-4), aggravated domestic battery 28 (Section 12-3.3), aggravated battery (Section 12-4), heinous 29 battery (Section 12-4.1), aggravated battery with a firearm 30 (Section 12-4.2), aggravated battery of a child (Section 31 12-4.3), aggravated battery of an unborn child (Section HB2525 Enrolled -2- LRB093 10319 RLC 10573 b 1 12-4.4), aggravated battery of a senior citizen (Section 2 12-4.6), stalking (Section 12-7.3), aggravated stalking 3 (Section 12-7.4), criminal sexual assault (Section 12-13), 4 aggravated criminal sexual assault (12-14), kidnapping 5 (Section 10-1), aggravated kidnapping (Section 10-2), 6 predatory criminal sexual assault of a child (Section 7 12-14.1), aggravated criminal sexual abuse (Section 12-16), 8 unlawful restraint (Section 10-3), aggravated unlawful 9 restraint (Section 10-3.1), aggravated arson (Section 10 20-1.1), or aggravated discharge of a firearm (Section 11 24-1.2), or any prior conviction under the law of another 12 jurisdiction for any offense that is substantially similar to 13 the offenses listed in this Section, when any of these 14 offenses have been committed against a family or household 15 member as defined in Section 112A-3 of the Code of Criminal 16 Procedure of 1963. In addition to any other sentencing 17 alternatives, for any second conviction of violating this 18 Section within 5 years of a previous conviction for violating 19 this Section, the offender shall be mandatorily sentenced to 20 a minimum of 48 consecutive hours of imprisonment. The 21 imprisonment shall not be subject to suspension, nor shall 22 the person be eligible for probation in order to reduce the 23 sentence. 24 (c) Domestic battery committed in the presence of a 25 child. In addition to any other sentencing alternatives, a 26 defendant who commits, in the presence of a child, a felony 27 domestic battery (enhanced under subsection (b)), aggravated 28 domestic battery (Section 12-3.3), aggravated battery 29 (Section 12-4), unlawful restraint (Section 10-3), or 30 aggravated unlawful restraint (Section 10-3.1) against a 31 family or household member, as defined in Section 112A-3 of 32 the Code of Criminal Procedure of 1963, shall be required to 33 serve a mandatory minimum imprisonment of 10 days or perform 34 300 hours of community service, or both. The defendant shall HB2525 Enrolled -3- LRB093 10319 RLC 10573 b 1 further be liable for the cost of any counseling required for 2 the child at the discretion of the court in accordance with 3 subsection (b) of Section 5-5-6 of the Unified Code of 4 Corrections. For purposes of this Section, "child" means a 5 person under 16 years of age who is the defendant's or 6 victim's child or step-child or who is a minor child residing 7 within the household of the defendant or victim. For 8 purposes of this Section, "in the presence of a child" means 9 in the physical presence of a child or knowing or having 10 reason to know that a child is present and may see or hear an 11 act constituting one of the offenses listed in this 12 subsection. 13 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00; 14 91-928, eff. 6-1-01; 92-16, eff. 6-28-01; 92-827, eff. 15 8-22-02.)