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91_HB1285eng HB1285 Engrossed LRB9103243RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 12-3.2 and adding Section 12-3.3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-3.2 and adding Section 12-3.3 as follows: 7 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 8 Sec. 12-3.2. Domestic Battery. 9 (a) A person commits domestic battery if he or she 10 intentionally or knowingly without legal justification by any 11 means: 12 (1) Causes bodily harm to any family or household 13 member as defined in subsection (3) of Section 112A-3 of 14 the Code of Criminal Procedure of 1963
, as amended; 15 (2) Makes physical contact of an insulting or 16 provoking nature with any family or household member as 17 defined in subsection (3) of Section 112A-3 of the Code 18 of Criminal Procedure of 1963 , as amended. 19 (b) Sentence. Domestic battery is a Class A 20 misdemeanor. Domestic battery is a Class 4 felony if the21 defendant has any prior conviction under this Code for22 domestic battery (Section 12-3.2) or violation of an order of23 protection (Section 12-30).In addition to any other 24 sentencing alternatives, for any second conviction of 25 violating this Section within 5 years of a previous 26 conviction for violating this Section, the offender shall be 27 mandatorily sentenced to a minimum of 48 consecutive hours of 28 imprisonment. The imprisonment is not shall not besubject 29 to suspension or reduction , nor shall the person be eligible30 for probation in order to reduce the sentence. 31 (Source: P.A. 90-734, eff. 1-1-99.) HB1285 Engrossed -2- LRB9103243RCks 1 (720 ILCS 5/12-3.3 new) 2 Sec. 12-3.3. Aggravated domestic battery. 3 (a) A person commits aggravated domestic battery if he 4 or she, in committing the offense of domestic battery as 5 described in Section 12-3.2 of this Code, either: 6 (1) has previously violated: 7 (A) Section 12-3.2 (domestic battery), Section 8 12-3.3 (aggravated domestic battery), or Section 9 12-30 of this Code (violation of an order of 10 protection), or similar statutes in a state other 11 than Illinois; the proof in all instances to be 12 shown by a judicial determination of guilt; or 13 (B) Section 12-4 of this Code (aggravated 14 battery) or a similar statute in a state other than 15 Illinois when the victim was a family or household 16 member as defined in subsection (3) of Section 17 112A-3 of the Code of Criminal Procedure of 1963; 18 the proof to be shown in all instances by a prior 19 judicial determination of guilt and by evidence at a 20 sentencing hearing that the victim was a family or 21 household member; or 22 (2) is on pre-trial release for the offense of 23 domestic battery, aggravated domestic battery, aggravated 24 battery when the alleged victim was a family or household 25 member as defined in subsection (3) of Section 112A-3 of 26 the Code of Criminal Procedure of 1963, or violation of 27 an order of protection, or similar statutes in a state 28 other than Illinois. 29 (b) Sentence. Aggravated domestic battery is a Class 4 30 felony. In addition to any other sentencing alternatives, for 31 any second conviction of violating this Section within 5 32 years of a previous conviction for violating this Section, 33 the offender shall be mandatorily sentenced to a minimum of 34 48 consecutive hours of imprisonment, which is not subject to HB1285 Engrossed -3- LRB9103243RCks 1 suspension or reduction. 2 (c) Proof of any prior judicial determination of guilt 3 and proof that the defendant was on pre-trial release are not 4 elements of the crime and are inadmissible at trial unless 5 otherwise permitted by statute or law. 6 (d) In addition, at any cause of action tried to a jury, 7 the jury is not to be instructed that the cause is 8 "aggravated".
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