102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1105

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
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.


LRB102 03119 RLC 13132 b

 

 

A BILL FOR

 

HB1105LRB102 03119 RLC 13132 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 2012 is amended by
5changing 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
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
13    provoking 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
19offense which is substantially similar. Domestic battery is a
20Class 4 felony if the defendant has any prior conviction under
21this Code for first degree murder (Section 9-1), attempt to
22commit first degree murder (Section 8-4), aggravated domestic
23battery (Section 12-3.3), aggravated battery (Section 12-3.05

 

 

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1or 12-4), 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
19in this Section, when any of these offenses have been
20committed against a family or household member. Domestic
21battery is a Class 4 felony if the defendant has one or 2 prior
22convictions under this Code for domestic battery (Section
2312-3.2), or one or 2 prior convictions under the law of another
24jurisdiction for any offense which is substantially similar.
25Domestic battery is a Class 3 felony if the defendant had 3
26prior convictions under this Code for domestic battery

 

 

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

 

 

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1purposes of this Section, "child" means a person under 18
2years of age who is the defendant's or victim's child or
3step-child or who is a minor child residing within or visiting
4the household of the defendant or victim.
5    (d) Upon conviction of domestic battery, the court shall
6advise the defendant orally or in writing, substantially as
7follows: "An individual convicted of domestic battery may be
8subject to federal criminal penalties for possessing,
9transporting, shipping, or receiving any firearm or ammunition
10in violation of the federal Gun Control Act of 1968 (18 U.S.C.
11922(g)(8) and (9))." A notation shall be made in the court file
12that the admonition was given.
13(Source: P.A. 97-1109, eff. 1-1-13; 98-187, eff. 1-1-14;
1498-994, eff. 1-1-15.)