Illinois General Assembly - Full Text of HB1470
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Full Text of HB1470  100th General Assembly



State of Illinois
2017 and 2018


Introduced , by Rep. Michael J. Madigan


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

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning domestic battery.

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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 2012 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 violation of an order
17of protection (Section 12-3.4 or 12-30), or any prior
18conviction under the law of another jurisdiction for an offense
19which is substantially similar. Domestic battery is a Class 4
20felony if the defendant has any prior conviction under this
21Code for first degree murder (Section 9-1), attempt to commit
22first degree murder (Section 8-4), aggravated domestic battery
23(Section 12-3.3), aggravated battery (Section 12-3.05 or



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112-4), heinous battery (Section 12-4.1), aggravated battery
2with a firearm (Section 12-4.2), aggravated battery with a
3machine gun or a firearm equipped with a silencer (Section
412-4.2-5), aggravated battery of a child (Section 12-4.3),
5aggravated battery of an unborn child (subsection (a-5) of
6Section 12-3.1, or Section 12-4.4), aggravated battery of a
7senior citizen (Section 12-4.6), stalking (Section 12-7.3),
8aggravated stalking (Section 12-7.4), criminal sexual assault
9(Section 11-1.20 or 12-13), aggravated criminal sexual assault
10(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
11aggravated kidnapping (Section 10-2), predatory criminal
12sexual assault of a child (Section 11-1.40 or 12-14.1),
13aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
14unlawful restraint (Section 10-3), aggravated unlawful
15restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
16or aggravated discharge of a firearm (Section 24-1.2), or any
17prior conviction under the law of another jurisdiction for any
18offense that is substantially similar to the offenses listed in
19this Section, when any of these offenses have been committed
20against a family or household member. Domestic battery is a
21Class 4 felony if the defendant has one or 2 prior convictions
22under this Code for domestic battery (Section 12-3.2), or one
23or 2 prior convictions under the law of another jurisdiction
24for any offense which is substantially similar. Domestic
25battery is a Class 3 felony if the defendant had 3 prior
26convictions under this Code for domestic battery (Section



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112-3.2), or 3 prior convictions under the law of another
2jurisdiction for any offense which is substantially similar.
3Domestic battery is a Class 2 felony if the defendant had 4 or
4more prior convictions under this Code for domestic battery
5(Section 12-3.2), or 4 or more prior convictions under the law
6of another jurisdiction for any offense which is substantially
7similar. In addition to any other sentencing alternatives, for
8any second or subsequent conviction of violating this Section,
9the offender shall be mandatorily sentenced to a minimum of 72
10consecutive hours of imprisonment. The imprisonment shall not
11be subject to suspension, nor shall the person be eligible for
12probation in order to reduce the sentence.
13    (c) Domestic battery committed in the presence of a child.
14In addition to any other sentencing alternatives, a defendant
15who commits, in the presence of a child, a felony domestic
16battery (enhanced under subsection (b)), aggravated domestic
17battery (Section 12-3.3), aggravated battery (Section 12-3.05
18or 12-4), unlawful restraint (Section 10-3), or aggravated
19unlawful restraint (Section 10-3.1) against a family or
20household member shall be required to serve a mandatory minimum
21imprisonment of 10 days or perform 300 hours of community
22service, or both. The defendant shall further be liable for the
23cost of any counseling required for the child at the discretion
24of the court in accordance with subsection (b) of Section 5-5-6
25of the Unified Code of Corrections. For purposes of this
26Section, "child" means a person under 18 years of age who is



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1the defendant's or victim's child or step-child or who is a
2minor child residing within or visiting the household of the
3defendant or victim.
4    (d) Upon conviction of domestic battery, the court shall
5advise the defendant orally or in writing, substantially as
6follows: "An individual convicted of domestic battery may be
7subject to federal criminal penalties for possessing,
8transporting, shipping, or receiving any firearm or ammunition
9in violation of the federal Gun Control Act of 1968 (18 U.S.C.
10922(g)(8) and (9))." A notation shall be made in the court file
11that the admonition was given.
12(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14;
1398-994, eff. 1-1-15.)