093_HB2525ham001
LRB093 10319 RLC 12145 a
1 AMENDMENT TO HOUSE BILL 2525
2 AMENDMENT NO. . Amend House Bill 2525 by replacing
3 everything after the enacting clause with the following:
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
-2- LRB093 10319 RLC 12145 a
1 law of another jurisdiction for an offense which is
2 substantially similar. Domestic battery is a Class 4 felony
3 if the defendant has any prior conviction under this Code for
4 first degree murder (Section 9-1), attempt to commit first
5 degree murder (Section 8-4), aggravated domestic battery
6 (Section 12-3.3), aggravated battery (Section 12-4), heinous
7 battery (Section 12-4.1), aggravated battery with a firearm
8 (Section 12-4.2), aggravated battery of a child (Section
9 12-4.3), aggravated battery of an unborn child (Section
10 12-4.4), aggravated battery of a senior citizen (Section
11 12-4.6), stalking (Section 12-7.3), aggravated stalking
12 (Section 12-7.4), criminal sexual assault (Section 12-13),
13 aggravated criminal sexual assault (12-14), kidnapping
14 (Section 10-1), aggravated kidnapping (Section 10-2),
15 predatory criminal sexual assault of a child (Section
16 12-14.1), aggravated criminal sexual abuse (Section 12-16),
17 unlawful restraint (Section 10-3), aggravated unlawful
18 restraint (Section 10-3.1), aggravated arson (Section
19 20-1.1), or aggravated discharge of a firearm (Section
20 24-1.2), or any prior conviction under the law of another
21 jurisdiction for any offense that is substantially similar to
22 the offenses listed in this Section, when any of these
23 offenses have been committed against a family or household
24 member as defined in Section 112A-3 of the Code of Criminal
25 Procedure of 1963. In addition to any other sentencing
26 alternatives, for any second conviction of violating this
27 Section within 5 years of a previous conviction for violating
28 this Section, the offender shall be mandatorily sentenced to
29 a minimum of 48 consecutive hours of imprisonment. The
30 imprisonment shall not be subject to suspension, nor shall
31 the person be eligible for probation in order to reduce the
32 sentence.
33 (c) Domestic battery committed in the presence of a
34 child. In addition to any other sentencing alternatives, a
-3- LRB093 10319 RLC 12145 a
1 defendant who commits, in the presence of a child, a felony
2 domestic battery (enhanced under subsection (b)), aggravated
3 domestic battery (Section 12-3.3), aggravated battery
4 (Section 12-4), unlawful restraint (Section 10-3), or
5 aggravated unlawful restraint (Section 10-3.1) against a
6 family or household member, as defined in Section 112A-3 of
7 the Code of Criminal Procedure of 1963, shall be required to
8 serve a mandatory minimum imprisonment of 10 days or perform
9 300 hours of community service, or both. The defendant shall
10 further be liable for the cost of any counseling required for
11 the child at the discretion of the court in accordance with
12 subsection (b) of Section 5-5-6 of the Unified Code of
13 Corrections. For purposes of this Section, "child" means a
14 person under 16 years of age who is the defendant's or
15 victim's child or step-child or who is a minor child residing
16 within the household of the defendant or victim. For
17 purposes of this Section, "in the presence of a child" means
18 in the physical presence of a child or knowing or having
19 reason to know that a child is present and may see or hear an
20 act constituting one of the offenses listed in this
21 subsection.
22 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00;
23 91-928, eff. 6-1-01; 92-16, eff. 6-28-01; 92-827, eff.
24 8-22-02.)".