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Public Act 093-0809
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| HB4287 Enrolled | LRB093 17813 RLC 43494 b |
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing
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Section 12-3.2 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 |
or knowingly
without legal justification by any means:
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(1) Causes bodily harm to any family or household |
member as defined in
subsection (3) of Section 112A-3 of |
the Code of Criminal Procedure of 1963, as
amended;
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(2) Makes physical contact of an insulting or provoking |
nature with any
family or household member as defined in |
subsection (3) of Section 112A-3
of the Code of Criminal |
Procedure of 1963, as amended.
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(b) Sentence. Domestic battery is a Class A misdemeanor.
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Domestic battery is a Class 4 felony if the defendant has any
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prior
conviction under this Code for domestic battery (Section |
12-3.2) or violation
of an order of protection (Section 12-30), |
or any prior conviction under the
law of another jurisdiction |
for an offense which is substantially similar.
Domestic battery |
is a Class 4 felony
if the
defendant has any prior conviction |
under this Code for first degree murder
(Section 9-1), attempt |
to
commit first degree murder (Section 8-4), aggravated |
domestic battery (Section
12-3.3), aggravated battery
(Section |
12-4), heinous battery (Section 12-4.1), aggravated battery |
with a
firearm (Section 12-4.2), aggravated battery of a child |
(Section 12-4.3),
aggravated battery of
an unborn child |
(Section 12-4.4), aggravated battery of a senior citizen
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(Section 12-4.6), stalking (Section 12-7.3), aggravated |
stalking (Section
12-7.4), criminal sexual assault (Section |
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12-13), aggravated criminal sexual
assault
(12-14), kidnapping |
(Section 10-1), aggravated kidnapping (Section 10-2),
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predatory criminal sexual assault of a child (Section 12-14.1), |
aggravated
criminal sexual abuse (Section 12-16), unlawful |
restraint (Section 10-3),
aggravated unlawful restraint |
(Section 10-3.1), aggravated arson (Section
20-1.1), or |
aggravated discharge of a firearm
(Section 24-1.2), or any |
prior conviction under the law of another
jurisdiction for any |
offense that is substantially similar to the offenses
listed in |
this Section, when any of these
offenses have been committed
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against a
family or household member as defined in Section
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112A-3 of the Code of Criminal Procedure of 1963. In addition |
to any other
sentencing alternatives, for any second or |
subsequent conviction of violating this
Section within 5 years |
of a previous conviction for violating this Section, the
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offender shall be mandatorily sentenced to a minimum of 72
48
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consecutive hours of
imprisonment. The imprisonment shall not |
be subject to suspension, nor shall
the person be eligible for |
probation in order to reduce the sentence.
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(c) Domestic battery committed in the presence of a child. |
In addition to
any other sentencing alternatives, a defendant |
who commits, in the presence of
a child, a felony domestic |
battery (enhanced under subsection
(b)), aggravated domestic |
battery (Section 12-3.3),
aggravated battery (Section 12-4), |
unlawful restraint (Section
10-3), or aggravated unlawful |
restraint (Section 10-3.1) against a family or
household |
member, as defined in Section 112A-3 of the Code of Criminal
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Procedure of 1963, shall be required to serve a mandatory |
minimum imprisonment
of 10 days or perform 300 hours of |
community service, or both. The defendant
shall further be |
liable for the cost of any counseling required for the child
at |
the discretion of the court in accordance
with subsection (b) |
of Section 5-5-6 of the Unified Code of Corrections.
For |
purposes of this Section, "child" means a person under 16 years |
of age
who is the defendant's or victim's child or step-child |
or who is a minor child
residing
within the household of the |