093_HB2933

 
                                     LRB093 06932 RLC 07078 b

 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
 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 both (1)
20    the 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 first degree murder (Section 9-1), attempt to commit
25    first   degree  murder  (Section  8-4),  aggravated  domestic
26    battery (Section 12-3.3), aggravated battery (Section  12-4),
27    heinous  battery  (Section 12-4.1), aggravated battery with a
28    firearm (Section  12-4.2),  aggravated  battery  of  a  child
29    (Section  12-4.3),  aggravated  battery  of  an  unborn child
30    (Section 12-4.4), aggravated  battery  of  a  senior  citizen
31    (Section   12-4.6),  stalking  (Section  12-7.3),  aggravated
 
                            -2-      LRB093 06932 RLC 07078 b
 1    stalking (Section 12-7.4), criminal sexual  assault  (Section
 2    12-13),   aggravated   criminal   sexual   assault   (12-14),
 3    kidnapping  (Section  10-1),  aggravated  kidnapping (Section
 4    10-2), predatory criminal sexual assault of a child  (Section
 5    12-14.1),  aggravated  criminal sexual abuse (Section 12-16),
 6    unlawful  restraint  (Section  10-3),   aggravated   unlawful
 7    restraint   (Section   10-3.1),   aggravated  arson  (Section
 8    20-1.1),  or  aggravated  discharge  of  a  firearm  (Section
 9    24-1.2), or any prior conviction under  the  law  of  another
10    jurisdiction for any offense that is substantially similar to
11    the offenses listed in paragraph (1) of this Section (b) when
12    and  (2)  any of these offenses have been committed against a
13    family or household member as defined in  Section  112A-3  of
14    the  Code  of  Criminal Procedure of 1963. In addition to any
15    other sentencing alternatives, for any second  conviction  of
16    violating   this   Section  within  5  years  of  a  previous
17    conviction for violating this Section, the offender shall  be
18    mandatorily sentenced to a minimum of 48 consecutive hours of
19    imprisonment.   The  imprisonment  shall  not  be  subject to
20    suspension, nor shall the person be eligible for probation in
21    order to reduce the sentence.
22        (c)  Domestic battery committed  in  the  presence  of  a
23    child.   In  addition to any other sentencing alternatives, a
24    defendant who commits, in the presence of a child,  a  felony
25    domestic  battery (enhanced under subsection (b)), aggravated
26    domestic  battery  (Section   12-3.3),   aggravated   battery
27    (Section   12-4),   unlawful  restraint  (Section  10-3),  or
28    aggravated unlawful  restraint  (Section  10-3.1)  against  a
29    family  or  household member, as defined in Section 112A-3 of
30    the Code of Criminal Procedure of 1963, shall be required  to
31    serve  a mandatory minimum imprisonment of 10 days or perform
32    300 hours of community service, or both.  The defendant shall
33    further be liable for the cost of any counseling required for
34    the child at the discretion of the court in  accordance  with
 
                            -3-      LRB093 06932 RLC 07078 b
 1    subsection  (b)  of  Section  5-5-6  of  the  Unified Code of
 2    Corrections. For purposes of this Section,  "child"  means  a
 3    person  under  16  years  of  age  who  is the defendant's or
 4    victim's child or step-child or who is a minor child residing
 5    within  the  household  of  the  defendant  or  victim.   For
 6    purposes of this Section, "in the presence of a child"  means
 7    in  the  physical  presence  of  a child or knowing or having
 8    reason to know that a child is present and may see or hear an
 9    act  constituting  one  of  the  offenses  listed   in   this
10    subsection.
11    (Source:  P.A.  91-112,  eff.  10-1-99;  91-262, eff. 1-1-00;
12    91-928,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-827,  eff.
13    8-22-02.)