97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1035

 

Introduced 2/8/2011, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.2  from Ch. 38, par. 12-3.2

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning domestic battery.


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A BILL FOR

 

SB1035LRB097 04764 RLC 44803 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 1961 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 intentionally
9or knowingly without legal justification by any means:
10        (1) Causes bodily harm to any family or household
11    member as defined in subsection (3) of Section 112A-3 of
12    the the Code of Criminal Procedure of 1963, as amended;
13        (2) Makes physical contact of an insulting or provoking
14    nature with any family or household member as defined in
15    subsection (3) of Section 112A-3 of the Code of Criminal
16    Procedure of 1963, as amended.
17    (b) Sentence. Domestic battery is a Class A misdemeanor.
18Domestic battery is a Class 4 felony if the defendant has any
19prior conviction under this Code for domestic battery (Section
2012-3.2) or violation of an order of protection (Section 12-30),
21or any prior conviction under the law of another jurisdiction
22for an offense which is substantially similar. Domestic battery
23is a Class 4 felony if the defendant has any prior conviction

 

 

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1under this Code for first degree murder (Section 9-1), attempt
2to commit first degree murder (Section 8-4), aggravated
3domestic battery (Section 12-3.3), aggravated battery (Section
412-4), heinous battery (Section 12-4.1), aggravated battery
5with a firearm (Section 12-4.2), aggravated battery of a child
6(Section 12-4.3), aggravated battery of an unborn child
7(Section 12-4.4), aggravated battery of a senior citizen
8(Section 12-4.6), stalking (Section 12-7.3), aggravated
9stalking (Section 12-7.4), criminal sexual assault (Section
1012-13), aggravated criminal sexual assault (12-14), kidnapping
11(Section 10-1), aggravated kidnapping (Section 10-2),
12predatory criminal sexual assault of a child (Section 12-14.1),
13aggravated criminal sexual abuse (Section 12-16), unlawful
14restraint (Section 10-3), aggravated unlawful restraint
15(Section 10-3.1), aggravated arson (Section 20-1.1), or
16aggravated 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 as defined in Section
21112A-3 of the Code of Criminal Procedure of 1963. In addition
22to any other sentencing alternatives, for any second or
23subsequent conviction of violating this Section, the offender
24shall be mandatorily sentenced to a minimum of 72 consecutive
25hours of imprisonment. The imprisonment shall not be subject to
26suspension, nor shall the person be eligible for probation in

 

 

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1order to reduce the sentence.
2    (c) Domestic battery committed in the presence of a child.
3In addition to any other sentencing alternatives, a defendant
4who commits, in the presence of a child, a felony domestic
5battery (enhanced under subsection (b)), aggravated domestic
6battery (Section 12-3.3), aggravated battery (Section 12-4),
7unlawful restraint (Section 10-3), or aggravated unlawful
8restraint (Section 10-3.1) against a family or household
9member, as defined in Section 112A-3 of the Code of Criminal
10Procedure of 1963, shall be required to serve a mandatory
11minimum imprisonment of 10 days or perform 300 hours of
12community service, or both. The defendant shall further be
13liable for the cost of any counseling required for the child at
14the discretion of the court in accordance with subsection (b)
15of Section 5-5-6 of the Unified Code of Corrections. For
16purposes of this Section, "child" means a person under 18 years
17of age who is the defendant's or victim's child or step-child
18or who is a minor child residing within or visiting the
19household of the defendant or victim. For purposes of this
20Section, "in the presence of a child" means in the physical
21presence of a child or knowing or having reason to know that a
22child is present and may see or hear an act constituting one of
23the offenses listed in this subsection.
24    (d) Upon conviction of domestic battery, the court shall
25advise the defendant orally or in writing, substantially as
26follows: "An individual convicted of domestic battery may be

 

 

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1subject to federal criminal penalties for possessing,
2transporting, shipping, or receiving any firearm or ammunition
3in violation of the federal Gun Control Act of 1968 (18 U.S.C.
4922(g)(8) and (9))." A notation shall be made in the court file
5that the admonition was given.
6(Source: P.A. 96-287, eff. 8-11-09.)