94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2434


 
Introduced 02/17/05, by Rep. Linda Chapa LaVia
 
SYNOPSIS AS INTRODUCED:
 		


















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


720 ILCS 5/12-3.3




720 ILCS 5/12-30
  from Ch. 38, par. 12-30







    Amends the Criminal Code of 1961.  Increases the penalties for domestic battery and violation of an order of protection from a Class A misdemeanor to a Class 4 felony for a first offense and from a Class 4 felony for a second or subsequent conviction to a Class 3 felony.  Increases the penalties for these offenses from a Class 4 felony to a Class 3 felony if the defendant had a prior conviction for certain specified offenses.  Increases the penalties for aggravated domestic battery from a Class 2 felony to a Class 1 felony.
















LRB094 08075 RLC 38259 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2434

LRB094 08075 RLC 38259 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Sections 12-3.2, 12-3.3, and 12-30 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 intentionally 
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or knowingly
without legal justification by any 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 
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 4 felony
A 
18
misdemeanor.
Domestic battery is a Class 3
4 felony if the 
19
defendant has any
prior
conviction under this Code for domestic 
20
battery (Section 12-3.2) or violation
of an order of protection 
21
(Section 12-30), or any prior conviction under the
law of 
22
another jurisdiction for an offense which is substantially 
23
similar.
Domestic battery is a Class 3
4 felony
if the

24
defendant has any prior conviction under this Code for first 
25
degree murder
(Section 9-1), attempt to
commit first degree 
26
murder (Section 8-4), aggravated domestic battery (Section

27
12-3.3), aggravated battery
(Section 12-4), heinous battery 
28
(Section 12-4.1), aggravated battery with a
firearm (Section 
29
12-4.2), aggravated battery of a child (Section 12-4.3),

30
aggravated battery of
an unborn child (Section 12-4.4), 
31
aggravated battery of a senior citizen
(Section 12-4.6), 
32
stalking (Section 12-7.3), aggravated stalking (Section

 


 






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1
12-7.4), criminal sexual assault (Section 12-13), aggravated 
2
criminal sexual
assault
(12-14),  kidnapping (Section 10-1), 
3
aggravated kidnapping (Section 10-2),
predatory criminal 
4
sexual assault of a child (Section 12-14.1), aggravated

5
criminal sexual abuse (Section 12-16), unlawful restraint 
6
(Section 10-3),
aggravated unlawful restraint (Section 
7
10-3.1), aggravated arson (Section
20-1.1), or aggravated 
8
discharge of a firearm
(Section 24-1.2), or any prior 
9
conviction under the law of another
jurisdiction for any 
10
offense that is substantially similar to the offenses
listed in 
11
this Section, when any of these
offenses have been committed

12
against a
family or household member as defined in Section

13
112A-3 of the Code of Criminal Procedure of 1963. In addition 
14
to any other
sentencing alternatives, for any second or 
15
subsequent conviction of violating this
Section, the
offender 
16
shall be mandatorily sentenced to a minimum of 72

consecutive 
17
hours of
imprisonment.  The imprisonment shall not be subject to 
18
suspension, nor shall
the person be eligible for probation in 
19
order to reduce the sentence.

20
    (c) Domestic battery committed in the presence of a child.  
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In addition to
any other sentencing alternatives, a defendant 
22
who commits, in the presence of
a child, a felony domestic 
23
battery (enhanced under subsection
(b)), aggravated domestic 
24
battery (Section 12-3.3),
aggravated battery (Section 12-4), 
25
unlawful restraint (Section
10-3), or aggravated unlawful 
26
restraint (Section 10-3.1) against a family or
household 
27
member, as defined in Section 112A-3 of the Code of Criminal

28
Procedure of 1963, shall be required to serve a mandatory 
29
minimum imprisonment
of 10 days or perform 300 hours of 
30
community service, or both.  The defendant
shall further be 
31
liable for the cost of any counseling required for the child
at 
32
the discretion of the court in accordance
with subsection (b) 
33
of Section 5-5-6 of the Unified Code of Corrections.
For 
34
purposes of this Section, "child" means a person under 16 years 
35
of age
who is the defendant's or victim's child or step-child 
36
or who is a minor child
residing
within the household of the 
 


 






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1
defendant or victim.  For purposes of this Section,
"in the 
2
presence of a child" means in the physical presence of a child 
3
or
knowing or having reason to know that a child is present and 
4
may see or hear an
act constituting one of the offenses listed 
5
in this subsection.

6
(Source: P.A. 92-16, eff. 6-28-01; 92-827, eff. 8-22-02; P.A. 
7
93-336, eff. 1-1-04; 93-809, eff. 1-1-05.)

 



8
    (720 ILCS 5/12-3.3)



9
    Sec. 12-3.3. Aggravated domestic battery. 

10
    (a) A person who, in committing a domestic battery, 
11
intentionally or
knowingly causes great bodily harm, or 
12
permanent disability or disfigurement
commits aggravated 
13
domestic battery.

14
    (b) Sentence.  Aggravated domestic battery is a Class 1
2

15
felony.  Any order
of probation or conditional discharge entered 
16
following a conviction for an
offense under this Section must 
17
include, in addition to any other condition of
probation or 
18
conditional discharge, a condition that the offender serve a

19
mandatory term of imprisonment of not less than 60 consecutive 
20
days.  A person
convicted of a second or subsequent violation of 
21
this Section must be
sentenced to a mandatory term of 
22
imprisonment of not less than 3 years and not
more than 7 years 
23
or an extended term of imprisonment of not less than 7 years

24
and not more than 14 years.

25
(Source: P.A. 91-445, eff. 1-1-00.)

 



26
    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)



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    Sec. 12-30. Violation of an order of protection. 

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    (a) A person commits violation of an order of protection 
29
if:


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        (1) He or she commits an act which was prohibited by a 
31
    court or fails
to commit
an act which was ordered by a 
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    court in violation of:


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            (i) a remedy in a valid
order of protection 
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        authorized under paragraphs (1), (2), (3), (14),
or

 


 






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        (14.5) of
subsection (b) of Section 214 of the Illinois 
2
        Domestic Violence Act of 1986,


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            (ii) a remedy, which is substantially similar to 
4
        the remedies
authorized
under paragraphs (1), (2), 
5
        (3), (14) or (14.5) of subsection (b) of Section 214
of 
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        the Illinois Domestic Violence Act of 1986, in a valid 
7
        order of protection,
which is authorized under the laws 
8
        of another state, tribe or United States
territory,


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            (iii) any other remedy when the act constitutes a 
10
        crime against the
protected parties
as the term 
11
        protected parties is defined in Section 112A-4 of the 
12
        Code of
Criminal Procedure of 1963; and


13
        (2) Such violation occurs after the offender has been 
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    served notice of
the contents of the order, pursuant to the 
15
    Illinois Domestic Violence
Act of 1986 or any substantially 
16
    similar statute of another state, tribe or
United
States 
17
    territory, or otherwise has acquired actual knowledge of 
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    the contents
of the
order.

19
    An order of protection issued by a state, tribal or 
20
territorial
court
related to domestic or family violence shall 
21
be deemed valid if the issuing
court had jurisdiction over the 
22
parties and matter under the law of the state,
tribe or 
23
territory.  There shall be a presumption of validity where an 
24
order is
certified and appears authentic on its face.

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    (a-5) Failure to provide reasonable notice and opportunity 
26
to be heard
shall
be an affirmative defense to any charge or 
27
process filed seeking enforcement of
a foreign order of 
28
protection.

29
    (b) For purposes of this Section, an "order of protection" 
30
may have been
issued in a criminal or civil proceeding.

31
    (c) Nothing in this Section shall be construed to diminish 
32
the inherent
authority of the courts to enforce their lawful 
33
orders through civil or
criminal contempt proceedings.

34
    (d) Violation of an order of protection under subsection 
35
(a) of this
Section is a Class 4 felony
A misdemeanor.

36
Violation of an order of protection under subsection (a) of 
 


 






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1
this Section is a
Class 3
4 felony if the defendant has any 
2
prior conviction under this Code for
domestic battery (Section 
3
12-3.2)
or violation of an order of protection (Section
12-30).  
4
Violation of an order of protection is a Class 3
4 felony if 
5
the
defendant has any prior conviction under this Code for

6
first degree murder (Section 9-1), attempt to commit first 
7
degree murder
(Section 8-4), aggravated domestic battery 
8
(Section 12-3.3),
aggravated battery
(Section 12-4),
heinous 
9
battery (Section 12-4.1), aggravated battery with a firearm 
10
(Section
12-4.2), aggravated battery of a child (Section 
11
12-4.3), aggravated battery of
an unborn child (Section 
12
12-4.4), aggravated battery of a senior citizen
(Section 
13
12-4.6),
stalking (Section 12-7.3), aggravated stalking 
14
(Section
12-7.4),
criminal sexual assault (Section 12-13), 
15
aggravated criminal sexual assault
(12-14),  kidnapping 
16
(Section 10-1), aggravated kidnapping (Section 10-2),

17
predatory criminal sexual assault of a child (Section 12-14.1),

18
aggravated criminal sexual abuse (Section 12-16),
unlawful 
19
restraint (Section 10-3), aggravated unlawful restraint

20
(Section
10-3.1),
aggravated arson (Section 20-1.1), or 
21
aggravated discharge of a firearm
(Section 24-1.2),
when any of 
22
these offenses have been committed against a family or

23
household member as defined in Section 112A-3 of the Code of 
24
Criminal Procedure
of 1963.  The court shall impose a minimum 
25
penalty of 24 hours imprisonment for
defendant's second or 
26
subsequent violation of any order of protection; unless
the 
27
court explicitly finds that an increased penalty or such period 
28
of
imprisonment would be manifestly unjust.  In addition to any 
29
other penalties,
the court may order the defendant to pay a 
30
fine as authorized under Section
5-9-1 of the Unified Code of 
31
Corrections or to make restitution to the victim
under Section 
32
5-5-6 of the Unified Code of Corrections.  In addition to any

33
other penalties, including those imposed by Section 5-9-1.5 of 
34
the Unified Code
of Corrections, the court shall impose an 
35
additional fine of $20 as authorized
by Section 5-9-1.11 of the 
36
Unified Code of Corrections upon any person
convicted of or 
 


 






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placed on supervision for a violation of this
Section.  The 
2
additional fine shall
be imposed for each violation of this 
3
Section.

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    (e) The limitations placed on law enforcement liability by 
5
Section 305 of
the Illinois Domestic Violence Act of 1986 apply 
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to actions taken under this
Section.

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(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99; 
8
92-827, eff.
8-22-02.)