State of Illinois
92nd General Assembly
Legislation

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92_HB5619

 
                                               LRB9213459RCcd

 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
 5    changing 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 or she
 9    intentionally or knowingly without legal justification by any
10    means:
11             (1)  Causes bodily harm to any family  or  household
12        member  as defined in subsection (3) of Section 112A-3 of
13        the Code of Criminal Procedure of 1963, as amended;
14             (2)  Makes  physical  contact  of  an  insulting  or
15        provoking nature with any family or household  member  as
16        defined  in  subsection (3) of Section 112A-3 of the Code
17        of Criminal Procedure of 1963, as amended.
18        (b)  Sentence.    Domestic   battery   is   a   Class   A
19    Misdemeanor. Domestic battery is a  Class  4  felony  if  the
20    defendant  has  any  prior  conviction  under  this  Code for
21    domestic battery (Section 12-3.2) or violation of an order of
22    protection (Section 12-30). Domestic battery  is  a  Class  4
23    felony  if  the defendant has any prior conviction under this
24    Code for aggravated battery (Section 12-4), stalking (Section
25    12-7.3),  aggravated  stalking  (Section  12-7.4),   unlawful
26    restraint  (Section  10-3),  or aggravated unlawful restraint
27    (Section 10-3.1),  when  any  of  these  offenses  have  been
28    committed  against a family or household member as defined in
29    Section 112A-3 of the Code of Criminal Procedure of 1963.  In
30    addition to any other sentencing alternatives, for any second
31    conviction  of  violating  this  Section  within 5 years of a
 
                            -2-                LRB9213459RCcd
 1    previous conviction for violating this Section, the  offender
 2    shall be mandatorily sentenced to a minimum of 48 consecutive
 3    hours of imprisonment.  The imprisonment shall not be subject
 4    to suspension, nor shall the person be eligible for probation
 5    in order to reduce the sentence.
 6        (c)  Domestic  battery  committed  in  the  presence of a
 7    child.  In addition to any other sentencing  alternatives,  a
 8    defendant  who  commits, in the presence of a child, a felony
 9    domestic battery (enhanced under subsection (b)),  aggravated
10    domestic   battery   (Section   12-3.3),  aggravated  battery
11    (Section  12-4),  unlawful  restraint  (Section   10-3),   or
12    aggravated  unlawful  restraint  (Section  10-3.1)  against a
13    family or household member, as defined in Section  112A-3  of
14    the  Code of Criminal Procedure of 1963, shall be required to
15    serve a mandatory minimum imprisonment of 10 days or  perform
16    300 hours of community service, or both.  The defendant shall
17    further be liable for the cost of any counseling required for
18    the  child  at the discretion of the court in accordance with
19    subsection (b) of  Section  5-5-6  of  the  Unified  Code  of
20    Corrections.  For  purposes  of this Section, "child" means a
21    person under 16 years  of  age  who  is  the  defendant's  or
22    victim's child or step-child or who is a minor child residing
23    within  the  household  of  the  defendant  or  victim.   For
24    purposes  of this Section, "in the presence of a child" means
25    in the physical presence of a  child  or  knowing  or  having
26    reason to know that a child is present and may see or hear an
27    act   constituting   one  of  the  offenses  listed  in  this
28    subsection.
29    (Source: P.A. 91-112,  eff.  10-1-99;  91-262,  eff.  1-1-00;
30    91-928, eff. 6-1-01; 92-16, eff. 6-28-01.)

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