93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5419


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-3.2
  from Ch. 38, par. 12-3.2







    Amends the Criminal Code of 1961.  Makes a technical change in the statute
relating to domestic battery.
















LRB093 17138 RLC 42804 b

















 


 


A BILL FOR









 











HB5419

LRB093 17138 RLC 42804 b






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    AN ACT in relation to criminal law. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section  5. The Criminal Code of 1961 is amended by changing

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Section 12-3.2 as follows:


 
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    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)

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    Sec. 12-3.2. Domestic Battery.


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    (a) A person commits domestic battery if he or she

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intentionally or
knowingly
without legal justification by any 
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means:


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        (1) Causes bodily harm to any family or household 
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    member as defined in
subsection (3) of Section 112A-3 of 
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    the Code of Criminal Procedure of 1963, as
amended;


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        (2) Makes physical contact of an insulting or provoking 
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    nature with any
family or household member as defined in 
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    subsection (3) of Section 112A-3
of the Code of Criminal 
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    Procedure of 1963, as amended.


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    (b) Sentence.  Domestic battery is a Class A Misdemeanor.

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Domestic battery is a Class 4 felony if the defendant has any

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prior
conviction under this Code for domestic battery (Section 
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12-3.2) or violation
of an order of protection (Section 12-30), 
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or any prior conviction under the
law of another jurisdiction 
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for an offense which is substantially similar.
Domestic battery 
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is a Class 4 felony
if the
defendant has any prior conviction 
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under this Code for first degree murder
(Section 9-1), attempt 
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to
commit first degree murder (Section 8-4), aggravated 
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domestic battery (Section
12-3.3), aggravated battery
(Section 
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12-4), heinous battery (Section 12-4.1), aggravated battery 
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with a
firearm (Section 12-4.2), aggravated battery of a child 
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(Section 12-4.3),
aggravated battery of
an unborn child 
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(Section 12-4.4), aggravated battery of a senior citizen

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(Section 12-4.6), stalking (Section 12-7.3), aggravated 
 


 






HB5419
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LRB093 17138 RLC 42804 b




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stalking (Section
12-7.4), criminal sexual assault (Section 
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12-13), aggravated criminal sexual
assault
(12-14),  kidnapping 
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(Section 10-1), aggravated kidnapping (Section 10-2),

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predatory criminal sexual assault of a child (Section 12-14.1), 
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aggravated
criminal sexual abuse (Section 12-16), unlawful 
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restraint (Section 10-3),
aggravated unlawful restraint 
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(Section 10-3.1), aggravated arson (Section
20-1.1), or 
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aggravated discharge of a firearm
(Section 24-1.2), or any 
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prior conviction under the law of another
jurisdiction for any 
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offense that is substantially similar to the offenses
listed in 
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this Section, when any of these
offenses have been committed

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against a
family or household member as defined in Section

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112A-3 of the Code of Criminal Procedure of 1963. In addition 
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to any other
sentencing alternatives, for any second conviction 
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of violating this
Section within 5 years of a previous 
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conviction for violating this Section, the
offender shall be 
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mandatorily sentenced to a minimum of 48 consecutive hours of

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imprisonment.  The imprisonment shall not be subject to 
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suspension, nor shall
the person be eligible for probation in 
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order to reduce the sentence.


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    (c) Domestic battery committed in the presence of a child.  
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In addition to
any other sentencing alternatives, a defendant 
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who commits, in the presence of
a child, a felony domestic 
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battery (enhanced under subsection
(b)), aggravated domestic 
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battery (Section 12-3.3),
aggravated battery (Section 12-4), 
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unlawful restraint (Section
10-3), or aggravated unlawful 
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restraint (Section 10-3.1) against a family or
household 
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member, as defined in Section 112A-3 of the Code of Criminal

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Procedure of 1963, shall be required to serve a mandatory 
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minimum imprisonment
of 10 days or perform 300 hours of 
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community service, or both.  The defendant
shall further be 
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liable for the cost of any counseling required for the child
at 
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the discretion of the court in accordance
with subsection (b) 
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of Section 5-5-6 of the Unified Code of Corrections.
For 
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purposes of this Section, "child" means a person under 16 years 
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of age
who is the defendant's or victim's child or step-child 
 


 






HB5419
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LRB093 17138 RLC 42804 b




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or who is a minor child
residing
within the household of the 
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defendant or victim.  For purposes of this Section,
"in the 
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presence of a child" means in the physical presence of a child 
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or
knowing or having reason to know that a child is present and 
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may see or hear an
act constituting one of the offenses listed 
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in this subsection.


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(Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. 
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93-336, eff.
1-1-04.)