97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2788

 

Introduced 1/18/2012, by Sen. John J. Cullerton

 

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 a Section concerning domestic battery.


LRB097 16195 RLC 61348 b

 

 

A BILL FOR

 

SB2788LRB097 16195 RLC 61348 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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 or she
9knowingly without legal justification by any means:
10        (1) Causes bodily harm to any family or household
11    member;
12        (2) Makes physical contact of an insulting or provoking
13    nature with any family or household member.
14    (b) Sentence. Domestic battery is a Class A misdemeanor.
15Domestic battery is a Class 4 felony if the the defendant has
16any prior conviction under this Code for domestic battery
17(Section 12-3.2) or violation of an order of protection
18(Section 12-3.4 or 12-30), or any prior conviction under the
19law of another jurisdiction for an offense which is
20substantially similar. Domestic battery is a Class 4 felony if
21the defendant has any prior conviction under this Code for
22first degree murder (Section 9-1), attempt to commit first
23degree murder (Section 8-4), aggravated domestic battery

 

 

SB2788- 2 -LRB097 16195 RLC 61348 b

1(Section 12-3.3), aggravated battery (Section 12-3.05 or
212-4), heinous battery (Section 12-4.1), aggravated battery
3with a firearm (Section 12-4.2), aggravated battery with a
4machine gun or a firearm equipped with a silencer (Section
512-4.2-5), aggravated battery of a child (Section 12-4.3),
6aggravated battery of an unborn child (subsection (a-5) of
7Section 12-3.1, or Section 12-4.4), aggravated battery of a
8senior citizen (Section 12-4.6), stalking (Section 12-7.3),
9aggravated stalking (Section 12-7.4), criminal sexual assault
10(Section 11-1.20 or 12-13), aggravated criminal sexual assault
11(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
12aggravated kidnapping (Section 10-2), predatory criminal
13sexual assault of a child (Section 11-1.40 or 12-14.1),
14aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
15unlawful restraint (Section 10-3), aggravated unlawful
16restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
17or aggravated discharge of a firearm (Section 24-1.2), or any
18prior conviction under the law of another jurisdiction for any
19offense that is substantially similar to the offenses listed in
20this Section, when any of these offenses have been committed
21against a family or household member. In addition to any other
22sentencing alternatives, for any second or subsequent
23conviction of violating this Section, the offender shall be
24mandatorily sentenced to a minimum of 72 consecutive hours of
25imprisonment. The imprisonment shall not be subject to
26suspension, nor shall the person be eligible for probation in

 

 

SB2788- 3 -LRB097 16195 RLC 61348 b

1order to reduce the sentence.
2    (c) Domestic battery committed in the presence of a child.
3In addition to any other sentencing alternatives, a defendant
4who commits, in the presence of a child, a felony domestic
5battery (enhanced under subsection (b)), aggravated domestic
6battery (Section 12-3.3), aggravated battery (Section 12-3.05
7or 12-4), unlawful restraint (Section 10-3), or aggravated
8unlawful restraint (Section 10-3.1) against a family or
9household member shall be required to serve a mandatory minimum
10imprisonment of 10 days or perform 300 hours of community
11service, or both. The defendant shall further be liable for the
12cost of any counseling required for the child at the discretion
13of the court in accordance with subsection (b) of Section 5-5-6
14of the Unified Code of Corrections. For purposes of this
15Section, "child" means a person under 18 years of age who is
16the defendant's or victim's child or step-child or who is a
17minor child residing within or visiting the household of the
18defendant or victim.
19    (d) Upon conviction of domestic battery, the court shall
20advise the defendant orally or in writing, substantially as
21follows: "An individual convicted of domestic battery may be
22subject to federal criminal penalties for possessing,
23transporting, shipping, or receiving any firearm or ammunition
24in violation of the federal Gun Control Act of 1968 (18 U.S.C.
25922(g)(8) and (9))." A notation shall be made in the court file
26that the admonition was given.

 

 

SB2788- 4 -LRB097 16195 RLC 61348 b

1(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section
25, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11;
3revised 9-30-11.)