93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6781


 
Introduced 02/09/04, by William B. Black - Patricia Reid Lindner - Angelo Saviano - Patricia R. Bellock - Raymond Poe
 
SYNOPSIS AS INTRODUCED:
 		













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








    Amends the Criminal Code of 1961.  Provides that domestic battery committed
in the presence of a person under 18 years of age is a Class 4 felony for a
first conviction (rather than a Class A misdemeanor) and a Class 3 felony for a
second or subsequent conviction (rather than a Class 4 felony).
















LRB093 18079 RLC 43766 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6781

LRB093 18079 RLC 43766 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 changing 
5
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 intentionally 
9
or knowingly
without legal justification by any means:


10
        (1) Causes bodily harm to any family or household 
11
    member as defined in
subsection (3) of Section 112A-3 of 
12
    the Code of Criminal Procedure of 1963, as
amended;


13
        (2) Makes physical contact of an insulting or provoking 
14
    nature with any
family or household member as defined in 
15
    subsection (3) of Section 112A-3
of the Code of Criminal 
16
    Procedure of 1963, as amended.

17
    (b) Sentence.  Domestic battery is a Class A Misdemeanor.

18
Domestic battery is a Class 4 felony if the defendant has any

19
prior
conviction under this Code for domestic battery (Section 
20
12-3.2) or violation
of an order of protection (Section 12-30), 
21
or any prior conviction under the
law of another jurisdiction 
22
for an offense which is substantially similar.
Domestic battery 
23
is a Class 4 felony
if the
defendant has any prior conviction 
24
under this Code for first degree murder
(Section 9-1), attempt 
25
to
commit first degree murder (Section 8-4), aggravated 
26
domestic battery (Section
12-3.3), aggravated battery
(Section 
27
12-4), heinous battery (Section 12-4.1), aggravated battery 
28
with a
firearm (Section 12-4.2), aggravated battery of a child 
29
(Section 12-4.3),
aggravated battery of
an unborn child 
30
(Section 12-4.4), aggravated battery of a senior citizen

31
(Section 12-4.6), stalking (Section 12-7.3), aggravated 
32
stalking (Section
12-7.4), criminal sexual assault (Section 
 


 






HB6781
- 2 -
LRB093 18079 RLC 43766 b




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

3
predatory criminal sexual assault of a child (Section 12-14.1), 
4
aggravated
criminal sexual abuse (Section 12-16), unlawful 
5
restraint (Section 10-3),
aggravated unlawful restraint 
6
(Section 10-3.1), aggravated arson (Section
20-1.1), or 
7
aggravated discharge of a firearm
(Section 24-1.2), or any 
8
prior conviction under the law of another
jurisdiction for any 
9
offense that is substantially similar to the offenses
listed in 
10
this Section, when any of these
offenses have been committed

11
against a
family or household member as defined in Section

12
112A-3 of the Code of Criminal Procedure of 1963. Domestic 
13
battery committed in the presence of a person under 18 years of 
14
age
is a Class 4 felony for a first conviction and a Class 3 
15
felony for a second or
subsequent conviction. In addition to 
16
any other
sentencing alternatives, for any second conviction of 
17
violating this
Section within 5 years of a previous conviction 
18
for violating this Section, the
offender shall be mandatorily 
19
sentenced to a minimum of 48 consecutive hours of
imprisonment.  
20
The imprisonment shall not be subject to suspension, nor shall

21
the person be eligible for probation in order to reduce the 
22
sentence.

23
    (c) Domestic battery committed in the presence of a child.  
24
In addition to
any other sentencing alternatives, a defendant 
25
who commits, in the presence of
a child, a felony domestic 
26
battery (enhanced under subsection
(b)), aggravated domestic 
27
battery (Section 12-3.3),
aggravated battery (Section 12-4), 
28
unlawful restraint (Section
10-3), or aggravated unlawful 
29
restraint (Section 10-3.1) against a family or
household 
30
member, as defined in Section 112A-3 of the Code of Criminal

31
Procedure of 1963, shall be required to serve a mandatory 
32
minimum imprisonment
of 10 days or perform 300 hours of 
33
community service, or both.  The defendant
shall further be 
34
liable for the cost of any counseling required for the child
at 
35
the discretion of the court in accordance
with subsection (b) 
36
of Section 5-5-6 of the Unified Code of Corrections.
For 
 


 






HB6781
- 3 -
LRB093 18079 RLC 43766 b




1
purposes of this Section, "child" means a person under 16 years 
2
of age
who is the defendant's or victim's child or step-child 
3
or who is a minor child
residing
within the household of the 
4
defendant or victim.  For purposes of this Section,
"in the 
5
presence of a child" means in the physical presence of a child 
6
or
knowing or having reason to know that a child is present and 
7
may see or hear an
act constituting one of the offenses listed 
8
in this subsection.

9
(Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. 
10
93-336, eff.
1-1-04.)