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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0925 Introduced 01/31/11, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/12-3.2 | from Ch. 38, par. 12-3.2 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section concerning domestic battery.
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| | A BILL FOR |
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| | HB0925 | | LRB097 03745 RLC 43782 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 1961 is amended by changing |
5 | | Section 12-3.2 as follows:
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6 | | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
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7 | | Sec. 12-3.2. Domestic Battery.
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8 | | (a) A person commits domestic battery if he intentionally |
9 | | or knowingly
without legal justification by any means:
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10 | | (1) Causes bodily harm to any family or household |
11 | | member as defined in
subsection (3) of Section 112A-3 of |
12 | | the
the Code of Criminal Procedure of 1963, as
amended;
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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.
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17 | | (b) Sentence. Domestic battery is a Class A misdemeanor.
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18 | | Domestic battery is a Class 4 felony if the defendant has any
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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 |
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1 | | under this Code for first degree murder
(Section 9-1), attempt |
2 | | to
commit first degree murder (Section 8-4), aggravated |
3 | | domestic battery (Section
12-3.3), aggravated battery
(Section |
4 | | 12-4), heinous battery (Section 12-4.1), aggravated battery |
5 | | with a
firearm (Section 12-4.2), aggravated battery of a child |
6 | | (Section 12-4.3),
aggravated battery of
an unborn child |
7 | | (Section 12-4.4), aggravated battery of a senior citizen
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8 | | (Section 12-4.6), stalking (Section 12-7.3), aggravated |
9 | | stalking (Section
12-7.4), criminal sexual assault (Section |
10 | | 12-13), aggravated criminal sexual
assault
(12-14), kidnapping |
11 | | (Section 10-1), aggravated kidnapping (Section 10-2),
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12 | | predatory criminal sexual assault of a child (Section 12-14.1), |
13 | | aggravated
criminal sexual abuse (Section 12-16), unlawful |
14 | | restraint (Section 10-3),
aggravated unlawful restraint |
15 | | (Section 10-3.1), aggravated arson (Section
20-1.1), or |
16 | | aggravated discharge of a firearm
(Section 24-1.2), or any |
17 | | prior conviction under the law of another
jurisdiction for any |
18 | | offense that is substantially similar to the offenses
listed in |
19 | | this Section, when any of these
offenses have been committed
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20 | | against a
family or household member as defined in Section
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21 | | 112A-3 of the Code of Criminal Procedure of 1963. In addition |
22 | | to any other
sentencing alternatives, for any second or |
23 | | subsequent conviction of violating this
Section, the
offender |
24 | | shall be mandatorily sentenced to a minimum of 72
consecutive |
25 | | hours of
imprisonment. The imprisonment shall not be subject to |
26 | | suspension, nor shall
the person be eligible for probation in |
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1 | | order to reduce the sentence.
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2 | | (c) Domestic battery committed in the presence of a child. |
3 | | In addition to
any other sentencing alternatives, a defendant |
4 | | who commits, in the presence of
a child, a felony domestic |
5 | | battery (enhanced under subsection
(b)), aggravated domestic |
6 | | battery (Section 12-3.3),
aggravated battery (Section 12-4), |
7 | | unlawful restraint (Section
10-3), or aggravated unlawful |
8 | | restraint (Section 10-3.1) against a family or
household |
9 | | member, as defined in Section 112A-3 of the Code of Criminal
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10 | | Procedure of 1963, shall be required to serve a mandatory |
11 | | minimum imprisonment
of 10 days or perform 300 hours of |
12 | | community service, or both. The defendant
shall further be |
13 | | liable for the cost of any counseling required for the child
at |
14 | | the discretion of the court in accordance
with subsection (b) |
15 | | of Section 5-5-6 of the Unified Code of Corrections.
For |
16 | | purposes of this Section, "child" means a person under 18
years |
17 | | of age
who is the defendant's or victim's child or step-child |
18 | | or who is a minor child
residing
within or visiting the |
19 | | household of the defendant or victim. For purposes of this |
20 | | Section,
"in the presence of a child" means in the physical |
21 | | presence of a child or
knowing or having reason to know that a |
22 | | child is present and may see or hear an
act constituting one of |
23 | | the offenses listed in this subsection.
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24 | | (d) Upon conviction of domestic battery, the court shall |
25 | | advise the defendant orally or in writing, substantially as |
26 | | follows: "An individual convicted of domestic battery may be |
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1 | | subject to federal criminal penalties for possessing, |
2 | | transporting, shipping, or receiving any firearm or ammunition |
3 | | in violation of the federal Gun Control Act of 1968 (18 U.S.C. |
4 | | 922(g)(8) and (9))." A notation shall be made in the court file |
5 | | that the admonition was given. |
6 | | (Source: P.A. 96-287, eff. 8-11-09.)
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